Anti-social Behaviour, Crime and Policing Bill

Baroness Anelay of St Johns Excerpts

Monday 18th November 2013 Lords Chamber

Relevant documents: 12th Report from the Delegated Powers Committee, 4th Report from the Joint Committee on Human Rights.

[Baroness Anelay of St Johns (Con)]

My Lords, perhaps I may encourage colleagues who are seeking to leave the Chamber to do so without walking in front of the noble Lord, Lord Greaves, wherever possible. At the moment he is waiting very courteously to begin moving the first amendment. It is a courtesy of this House that we do not walk in front of the speaker, and noble Lords should leave by the other end of the Chamber.

Clause 1: Power to grant injunctions

Amendment 19A

Moved by

Alcohol: Minimum Pricing

Baroness Anelay of St Johns Excerpts

Thursday 14th March 2013 Lords Chamber

[Lord Elystan-Morgan]

My Lords—

[Baroness Anelay of St Johns]

My Lords, in the general turn of groups, it is the turn of the Labour Benches. I suggest that since the noble Lord, Lord Elystan-Morgan, has been patient, it might be his turn next.

Electoral Registration and Administration Bill

Baroness Anelay of St Johns Excerpts

Monday 14th January 2013 Lords Chamber

[Lord Elton]

My Lords, I really was up first and I merely want to ask the noble Lord this question. He has made a very moving and appealing speech. Before he sits down—

[Baroness Anelay of St Johns]

My Lords, I appreciate that this is of great interest to many noble Lords in the House. I remind noble Lords that we are in Committee and therefore the device of saying, “Before the noble Lord sits down” is not necessary. Of course Peers may ask the noble Lord who moved the amendment—the noble Lord, Lord Hart of Chilton—questions. He is at liberty either to answer them as part of an exchange in Committee or to answer them later. Therefore my noble friends Lords Elton and Lord Forsyth will be in order when they next ask the question. They were out of order when they tried to prevent the Lord Speaker from putting the Motion.

[Lord Elton]

My Lords, the noble Lord has made a moving, interesting and in some ways compelling speech, but he omitted the prior question. He has not answered any of the points made by my noble friend the Leader of the House and has given no reason for riding roughshod for the first time for decades, if not centuries, over the advice of the Clerk, upon which the smooth running of the House depends. I do think he ought to give us his reasons for so doing.

--- Later in debate ---

[Lord Falconer of Thoroton]

My Lords—

[Baroness Anelay of St Johns]

My Lords, I think that it is the general mood of the House that it is time to hear from the noble and learned Lord, Lord Falconer, from the opposition Front Bench.

[Lord Falconer of Thoroton]

My Lords, I am obliged to the Chief Whip. Amendments are admissible in this House if they are, to quote the Companion,

“relevant to the subject matter of the Bill and to the clause or Schedule to which they are proposed”.

As is well known, the Public Bill Office has advised your Lordships that this particular amendment is not admissible. The view of the movers is that the amendment is relevant and therefore admissible. I share that view. The first question for your Lordships today is: how is a disagreement such as this to be resolved? The Companion specifies that the Public Bill Office advises on whether an amendment is admissible and it is expected that that advice will be taken. The Companion states that the decision on admissibility—again, it makes this clear—can ultimately be decided only by the House itself. It lays down a procedure; namely, it requires the Leader to put the advice of the clerks. While normally the advice of the Public Bill Office will give rise to no difficulty and will be plainly right—hence the expectation—if the mover of the amendment has good reason to contend that the amendment is relevant, and he or she has discussed it with the Public Bill Office and still holds that view, then he or she is entitled to put it to the House.

Protection of Freedoms Bill

Baroness Anelay of St Johns Excerpts

Monday 12th March 2012 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Clause 38 : Judicial approval for directed surveillance and covert human intelligence sources

Amendment 1

Moved by

EUC Report: Money Laundering

Baroness Anelay of St Johns Excerpts

Monday 19th December 2011 Lords Chamber

[Lord Hannay of Chiswick]

The noble Lord is moving on from the question of Somali piracy, so I must draw his attention to the fact that he has not answered the main point that I made. One can have two views about whether it is meaningful to say that there is no direct evidence of ransom moneys reaching terrorists. However, I am not pressing the point and did not press it in my introductory question. The question that I pressed, to which he did not reply, was why the Government do not consider that the assembling of such ransoms should give rise to the filing of suspicious activity reports, because the ransoms concerned will undoubtedly be the proceeds of crime and will undoubtedly end up in the hands of criminals? In all our correspondence it has been impossible to get an answer on this point. That is why I used the somewhat unparliamentary term, “obfuscation”. Why are the Government not simply telling people who put together these ransoms that if they have reason to believe that these will end up in the hands of criminals—and I cannot believe that they do not have that—then they should file an SAR? That does not mean that the person who files the SAR is committing or admitting any wrongdoing at all. However, I find it hard to believe that since the British Government are, I assume, trying to prevent the laundering of the proceeds of ransoms around the world, are working with many other countries to do that, and have, I believe, an intelligence operation based in the Seychelles to compare evidence and to try to find out where this money goes to—

[Baroness Anelay of St Johns]

My Lords, I think that I ought to point out, without wishing to interrupt the noble Lord, Lord Hannay, although I do, that the Minister is still restricted to a 12-minute response time.

[Lord Hannay of Chiswick]

I am sorry; I am just coming to the end. I just was saying that I still find it very odd—it would be helpful if the Minister would reply on this point—that the Government do not consider that an SAR should be filed in such circumstances.

Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

Baroness Anelay of St Johns Excerpts

Thursday 15th December 2011 Lords Chamber

[Lord Cormack]

All I will say to the noble Baroness—who made a speech and not an intervention—is that she was airing some of her own views and prejudices, as we all do from time to time. I would not seek to pass comment on the convictions, the commitment and the sincerity of any fellow Christian of any orientation. I am talking today about the regulations before us and the special, specific position of the Church of England— which, let us all remember, still has the ability, if the incumbent wishes, to grant a service of blessing to any couple. Be it a divorced man marrying a woman and they do not go through the traditional marriage ceremony, they can have a blessing—and so can a same-sex couple.

However, there is a special position for the Church of England which should be recognised by your Lordships’ House. The Church of England should not, therefore, be included in the regulations we are debating today—and certainly should not be so included unless the amendment, which was so learnedly described by my noble and learned friend Lord Mackay of Clashfern, is incorporated and an undertaking to that effect given by the Minister when he winds up.

[Baroness Anelay of St Johns]

My Lords, perhaps I might at this stage respond to some of the comments made around the House. I know that there is a feeling that we have had a learned and full debate and that, after my noble friend Lord Carlile of Berriew has spoken—I understand he will speak just briefly—at that stage we might invite the Leader of the Opposition to make her winding-up speech.

[Lord Carlile of Berriew]

My Lords, if the opinion of the House is tested on this Motion to annul I shall be voting against the proposition of my noble friend Lady O’Cathain. I want to say at the outset of what I hope will be brief remarks that I am sure she knows that I have enormous respect for her. She and I have stood shoulder to shoulder on issues of conscience in this House and will do so again. However, I am bound to say that, in my view, this is about as far from an issue of conscience as we could get. This is a matter of law, essentially.

We have heard from some much more balletic legal minds than mine during the debate. Indeed, your Lordships may be under the impression that the head of the pin is extremely crowded. As my noble and, in some cases, noble and learned friends—and in the case of the noble Lord, Lord Lester, my noble and very busy friend—dance on the head of that pin, you will have observed that there is barely room for the legal books they are using.

All I will say as one of the QCs in your Lordships’ House is that I think the arguments have been very powerfully put before your Lordships by the noble and learned Lord, Lord Falconer, the noble Lord, Lord Pannick, the noble and learned Baroness, Lady Butler-Sloss, and my noble friend Lord Lester of Herne Hill, and I agree with them. I hope that your Lordships are not going to fall into the trap of deciding how to vote if there is a Division on the basis that, because some lawyers disagree, we are all going to throw our hands up in the air and leave it to someone else to decide. Let us never forget that we are in the high court of Parliament. With all the knowledge in this Chamber, I venture that your Lordships are well able to reach a decision on the basis of the arguments that have been presented—and the arguments are absolutely overwhelming.

During my 40-odd years at the Bar I have advised on issues and gone into, for example, the Court of Appeal with what I had thought was a very arguable case, and found myself metaphorically blood-spattered on the floor within minutes, if not seconds. The legal analyses that we have heard in your Lordships’ House have plainly left us with the opinion—the only responsible opinion—that there is no realistic possibility whatever of religious organisations or priests being forced in any way to do anything in this context which is against their conscience.

Police Reform and Social Responsibility Bill

Baroness Anelay of St Johns Excerpts

Thursday 14th July 2011 Lords Chamber

[Baroness Doocey]

My Lords, I will speak to Amendment 256 in this group. Before doing so, I apologise to the House that I may be unable to stay until the end of the debate. I have to attend a special meeting of the Metropolitan Police Authority where the commissioner is coming to answer questions about the events surrounding the various police investigations into the News of the World.

The amendment relates to the handling of complaints against senior police officers in London.

[Baroness Anelay of St Johns]

I apologise to my noble friend Lady Doocey and I am most grateful to her for allowing me to intervene. This is the first time that I have heard a Member move their amendment and say that they might not be here at the end of the debate. Clearly, the Minister has to be in a position to respond to my noble friend. Perhaps she will consider her position and either continue and undertake to remain until the end of the debate on the amendment, or perhaps ask one of her very able colleagues to move the amendment on her behalf. I am concerned that we should not deviate from the normal practices of the House. I think that the noble Baroness, Lady Hamwee, may be about to offer her assistance.

Police Reform and Social Responsibility Bill

Baroness Anelay of St Johns Excerpts

Wednesday 13th July 2011 Lords Chamber

[Lord Carlile of Berriew]

Well, my Lords, I am certainly not furious and I always listen to my noble friend the Minister with great care but I say to her that there must be a preparedness on the Government's part to stop at a reasonable hour. This House has a justified reputation for considering legislation with great care and revising it on the basis of knowledge and a solid evidence base. I fear that once we pass a very late hour today, that power of this House will be lost.

[Baroness Anelay of St Johns]

My Lords, it may be helpful if I remind the House that we are moving into Report and that nothing may be resolved at this moment. The noble Lord, Lord Hunt of Kings Heath, pointed out that the Opposition have always said that they would complete Report today. That is part of a firm agreement. It was also for the convenience of the Opposition Front Bench that the exchange on Lords consideration of amendments on the EU Bill was moved to today.

[Lord Foulkes of Cumnock]

My Lords—

[Baroness Anelay of St Johns]

My Lords, I am not going to take an intervention from anybody in the Chamber at the moment. I would be grateful if the noble Lord could sit down because it is a courtesy of this House that two persons do not stand at the same time. I would have thought that somebody who was a Member of another place and of another Chamber might be aware of that. I am pointing out—

[Lord Foulkes of Cumnock]

You stood up.

--- Later in debate ---

[Baroness Anelay of St Johns]

I did not stand up while anybody else was talking. I do not carry out that kind of breach of conventions. I am trying to assist the House by pointing out that the Government have tried to schedule business for the benefit of the Opposition and for the whole House. Clearly, we are always prepared to have discussions. We have done little else over the past week. Those discussions can continue but it is a matter of this House that they do not continue on the Floor. Of course, the Motion may be now put that we do resume Report stage. I invite noble Lords to agree to that, pending that there can then be discussions elsewhere. I understand, by the look of it, that the noble Lord the Opposition Chief Whip will be happy to reply to that.

[Lord Bassam of Brighton]

My Lords, I take that, in the end, as a very positive intervention by the noble Baroness the Government Chief Whip. I am more than happy to have some discussion off the Floor of the Chamber because it is pushing it to start a day as late as this. The noble Baroness is quite right to remind the House that we certainly signed up to try and complete Report in four days. I do not think that anybody expected the European considerations to go on for as long as they did. We tried to play our part in keeping them as short as we possibly could, but it is unreasonable to expect the House to debate serious issues such as universal jurisdiction, or issues that are a passionate concern for some, such as licensing, and the rest. As it happens, we have tabled only four or five groups of amendments for this stage of the Bill. We have tried to keep our opposition to the Bill within reasonable bounds and have done so. We have kept to our side of the bargain but, particularly on a Wednesday—and with a Thursday sitting starting at 11 am and a Friday sitting at 10 am—it is not right to keep the House beyond reasonable hours.

[Lord Foulkes of Cumnock]

My Lords, I will make two points. First, it is my understanding, in terms of procedure, that in this House as well as in other Houses if a noble Member wants to intervene in the speech of another noble Member it is appropriate to stand, and for the other Member to consider whether or not to give way. I am sure even the Government Chief Whip would recognise that that is the normal procedure.

[Baroness Anelay of St Johns]

My Lords, we have just carried out that procedure correctly, because I did not stand until the noble Lord gave way. I made it clear I was not taking interventions. The noble Lord and I have exchanged views on that on other occasions. This is continuing a debate which leads nowhere. Discussions outside can be fruitful; discussions by the noble Lord continuing now may jeopardise the success of those discussions. Perhaps we might continue in the proper manner in a House that takes its procedure seriously.

[Lord Foulkes of Cumnock]

I was making two points. I made my first point and I gave way to the noble Baroness, as appropriate. The second point I want to make—it is open to Members to make these points and I say that to my own Front Bench as well as to other Front Benches—is that when my noble friend the Chief Whip agreed that we should discuss this today it was on the basis that the day started at 3.35 pm. That is, if I can work it out right, five hours ago. Therefore we are not getting a full day in any sense. That is why I agree with noble Members opposite, particularly from the Liberal Democrats, who have indicated their deep concern. If concern is expressed by the Labour Opposition and by the Liberal Democrats I would have thought the Government should take account of that.

--- Later in debate ---

Amendment 235A not moved.

[Baroness Anelay of St Johns]

My Lords, I nearly transgressed by being on my feet when the Deputy Speaker was on his feet, which would have been an heinous crime at any time, but particularly at 10.23 pm.

As promised earlier this evening, there have been discussions in the usual channels, which reached mutual agreement with regard to the progress of business. Clearly it is important that the House is able to scrutinise legislation effectively: we all want to work towards that end. On the other hand, the House also tries to work in the most efficient manner to deliver government business in a better state than it receives it. Even the late Division that we have just had clearly was intended to produce that end—and although the noble Baroness, Lady Henig, may not have got the result she wanted, I know that she was testing the opinion of the House from the right motives.

It has been agreed through the usual channels that we will conclude business tonight at approximately 11 am.

[Noble Lords]

Oh!

[Baroness Anelay of St Johns]

Well, there you are—that is what I really want to do. One minute’s break between today and tomorrow would give us enough time for Prayers. My Lords, in fact it will be 11 pm. We would like to make further progress on an amendment or two and conclude as close to 11 pm as possible. The agreement is that tomorrow morning after Questions we will start on the Report stage of the police Bill. We will continue until we have concluded Report and then go back to consideration of the published business, which is the Committee stage of the Localism Bill.

This has an implication for consideration of matters at Third Reading. The Minister has already made it clear that she is prepared to consider matters at Third Reading and I know that the noble Lord, Lord Hunt of Kings Heath, has already signalled that he has at least one serious matter that he wishes to consider. It is therefore important that we maintain our normal tradition of having the usual intervals between stages. That can be achieved by the Government rearranging their business next week so that the Third Reading of this Bill will be taken on Wednesday instead of Tuesday—so we have the usual intervals—then after the Third Reading of this Bill on Wednesday we would continue in Committee on the Localism Bill.

I know that the usual channels will continue to have discussions tomorrow afternoon, when we are able to see the progress of business, to work for the best of the House.

[Lord Bassam of Brighton]

Briefly, I thank the noble Baroness, Lady Anelay, for the way that she has approached this and for her gracious manner in putting something before the House which I am sure the whole House will feel able to support.

Police Reform and Social Responsibility Bill

Baroness Anelay of St Johns Excerpts

Monday 11th July 2011 Lords Chamber

101: Schedule 5, page 116, line 2, at end insert—
“( ) A decision to amend or veto a proposed precept must be agreed by a two-thirds majority.”

[Baroness Anelay of St Johns]

My Lords, if noble Lords are leaving, may they do so peacefully so that the noble Lord, Lord Beecham, may be heard by the rest of the House?

[Lord Beecham]

My Lords, I am extremely grateful to the Chief Whip for inflicting me on the House at the earliest possible moment. I move the amendment with what your Lordships may think is not my customary diffidence, because we have here three excellent amendments to do with the majority required to levy a precept. Mine is probably the least attractive, even to my mind. I am moving for a two-thirds majority to be required to overturn the precept. My noble friends Lady Henig and Lord Hunt have respectively better amendments. Mine is therefore something of a fallback position, which I think the noble Baroness has indicated might be acceptable to the Government—a rare event where I am concerned, which underlines my preference for the other amendments.

Nevertheless, we clearly need a better regime than that contained in the original Bill, which required a 75 per cent vote to overturn the precept. As I understand it from previous debates, there is no provision in the Bill to amend the precept. It is the veto or nothing. Presumably it is then envisaged that there would be discussion between the commissioner and the panel about a revision. All the amendments contain the—to my mind, welcome—addition of a proposal to allow the panel to amend as an alternative to a simple veto. I apprehend that the Minister may not be as willing to accept that, but one lives in hope.

That being the case, I move the fallback amendment, as it were, and leave it to my colleagues to make the even better case for their amendments.

Phone Hacking

Baroness Anelay of St Johns Excerpts

Tuesday 5th July 2011 Lords Chamber

[Lord Borrie]

My Lords—

[Baroness Anelay of St Johns]

My Lords, I regret that we have reached the limit of 10 minutes on the Private Notice Question.