Scotland: Devolution
Baroness Stowell of Beeston Excerpts(9 years, 6 months ago)
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Baroness Stowell of Beeston
That this House takes note of devolution following the Scotland referendum.
The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, I am delighted to open this debate on devolution following the clear decision of the Scottish people to remain part of this great United Kingdom.
As delighted as I am, I will allow a little time for noble Lords leaving the Chamber to do so before I continue to open this debate, because I would be very disappointed if noble Lords remaining for the debate did not get to hear just how delighted I am.
The clear decision of the Scottish people to remain part of this great United Kingdom was a once-in-a-generation decision that confirmed once again what we all know to be true: that we are a family of nations bound by a rich history and the strength of our democracy. The referendum campaign electrified politics in Scotland. Door by door, street by street, the Scottish people showed just how much people are truly interested in the big decisions that affect them. I know that many noble Lords from across the Chamber were involved in that campaign. I pay particular tribute to my noble and learned friend Lord Wallace of Tankerness, who will respond to today’s debate and who, let us not forget, is a former Deputy First Minister of Scotland.
Eighty-five per cent of people in Scotland voted in the referendum: a truly remarkable figure. More than 2 million people voted for Scotland to remain part of the United Kingdom. They voted for a stronger Scottish Parliament backed by the strength and security that comes from being part of the United Kingdom. With their support, we can now firmly say that the debate has been settled for a generation—or, as Alex Salmond himself said, perhaps for a lifetime.
Before the referendum, the three pro-union parties made clear commitments with a clear timetable to devolve further powers to Scotland. We have since published our Command Paper on Scotland ahead of schedule, setting out the proposals from each party. This is not just talk. The noble Lord, Lord Smith, and his commission have already begun work to take those commitments forward, working with one aim: to produce a unifying set of proposals by 30 November. For the first time, I am pleased to say that all major parties are involved in shaping that result. Based on that work, the Government will publish draft clauses by the end of January—by Burns Night, to be precise—so that the legislation is ready to be implemented after the next general election. Let me be clear: we have delivered, we are delivering and we will deliver on our devolution commitments, just as the United Kingdom Government have always done.
Let me turn now to Wales, where we have also been making good on our promise of further devolution. We have delivered a referendum on lawmaking powers, we have set up the Silk commission and we have introduced the Wales Bill, where I am particularly proud of the role that this House is playing. That Bill implements nearly all the Silk 1 recommendations, which alone devolve significant tax and borrowing powers to the Assembly and Welsh Ministers—but we went further. By removing the lock-step, we will provide the Welsh Assembly with the power to vary income tax rates. Not only will those new powers help the Welsh economy to become more dynamic, they will make the Welsh Government more accountable. Those are big steps forward, but we must make sure to keep Wales at the heart of the broader debate before us today.
As Noble Lords will know, the Silk commission recommended a move to a reserved powers model in part 2 of its report. It will fall to the next Parliament to make that change, but the Secretary of State for Wales has made it clear that in considering the best way forward he wants to hear views from across the political spectrum in Wales.
It is also vital that we consider the future of devolution in Northern Ireland. I need not remind the House that the settlement there is the result of the hard-fought and hard-won Belfast agreement. Providing additional powers would involve changes to that agreement, so any changes would need to command the support of all parties in the Assembly. It is right that the focus there is on making the existing settlement work well and in the best interests of the people of Northern Ireland.
This does not mean that the devolution settlement in Northern Ireland is fixed. The ability to vary long-haul air passenger duty has already been devolved, and the Northern Ireland Executive are committed to devolving corporation tax. The Prime Minister has made it clear that there will be a decision on this no later than the Autumn Statement.
As I have already set out, the Government respect and support the calls for greater autonomy and devolution in Scotland, Wales and Northern Ireland—but we cannot ignore England in this equation. England is the most decentralised nation in the United Kingdom. The Localism Act 2011 marked a historic shift in power to the local level. In doing so, we did not create new layers or structures or more politicians; we moved money to local areas in order to make things happen. Thirty-nine local enterprise partnerships bring together civic and private sector leaders to promote growth. We have devolved the money—£2 billion a year from next year—for them to do their work. We have delivered on city and local growth deals. Eight so-called core deals have been signed, creating around 175,000 jobs and 37,000 apprenticeships over 20 years. With the second wave now in place, there are 18 more on the way.
Those steps are part of the answer, though I am sure that more can and will be done. However, they do not answer the fundamental, so-called West Lothian question—how to deal fairly with legislation affecting England. For the people of England this is a matter of fairness. Who decides their laws? With further devolution to Scotland, Wales and Northern Ireland, we must ensure that the voice of England is heard as well. This means establishing a clear principle. When decisions affect only the people of England, they should be made by—or with the consent of—the MPs whom those people have elected to represent them.
There has been much talk that a constitutional convention must discuss all these issues before we can make progress on the matter of English votes for English laws. I reject that suggestion. A convention may well be desirable, but it should not delay progress on the West Lothian question. At a time when we are looking again at devolution to Scotland, Wales and Northern Ireland, it cannot be right that England should be left out once again. To those who argue that we are moving too quickly, I remind the House that we have been discussing the question for at least the last 17 years and that, in that time, we have had plenty of material to inform us. From within my own party, for example, my noble friend Lord Norton’s Commission to Strengthen Parliament made considered recommendations in 2000. More recently, noble Lords will recall the work of the McKay Commission in 2013. A commitment to address the problem has been in the last three Conservative manifestos.
In Scotland, Wales and Northern Ireland, all the major parties have come together across party boundaries to work towards new settlements. It is only at Westminster, on the issue of fairness in England, that the Opposition have not accepted our invitation to move the issue forward. It is a shame. As a member of the Devolution Committee, I was looking forward to working with Members on the Benches opposite.
Lord Forsyth of Drumlean (Con)
I am most grateful to my noble friend. None of these arguments is new. They were gone through in great detail in the 19th century at the time of Irish home rule. The conclusion then was that the way to deal with this fairness was to reduce the number of MPs coming from Ireland. Why can the same not be applied in the case of devolution to Scotland?
Baroness Stowell of Beeston
Certainly—and I speak for the leadership of my party—we are clear that the best way in which to deal with this is through English votes for English laws within the House of Commons. That is something that we can tackle and deal with quickly.
Lord Thomas of Gresford (LD)
So much of the legislation affects England and Wales. When the noble Baroness says England, does that include Wales?
Baroness Stowell of Beeston
Certainly in the context of legislation that affects England and Wales only, of course that includes Wales.
I assure the House that my right honourable friend the Leader of the House of Commons and chairman of the Devolution Committee, to which I have already referred, will do everything that he can to resolve the West Lothian question before the election, and I applaud his efforts and commend them to this House. It cannot be clearer that now is the time for a better and fairer settlement for the whole United Kingdom. We are absolutely committed to the timetable set out for further devolution to Scotland. We are committed to providing further powers to Wales and to meeting the special needs of Northern Ireland. We on the Conservative Benches are committed to bringing forward a solution to the West Lothian question before the end of this Parliament. There will be a time and a place for a constitutional convention but that should not be a device to prevent the other issues before us being addressed now. We are all responsible for ensuring that decisions are made fairly and in the interests of all people in the United Kingdom. Now, more than ever, we must uphold that responsibility. I beg to move.
Scotland within the United Kingdom
Baroness Stowell of Beeston Excerpts(9 years, 6 months ago)
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The Lord Privy Seal (Baroness Stowell of Beeston) (Con)
My Lords, if we are taking it in turns, it is the turn of the Cross Benches which have not yet spoken on this matter. Perhaps we can go to the Cross Benches, then to the Conservatives and then back to the Labour Benches. I implore noble Lords to be mindful that this is a Statement and that contributions should be kept brief. We have a full day’s debate on this matter and wider devolution implications on 29 October.
Lord Martin of Springburn (CB)
I shall speak in order to tidy things up. The noble and learned Lord is right—the turnout was fantastic. I am proud to live in the constituency of East Dunbartonshire where the turnout was 91% and where they overwhelmingly voted no. Unfortunately, there are elements in the media and the so-called “45 brigade” who say that we should have another referendum. It is important that the cost of this referendum is put clearly to the taxpayers of the United Kingdom. There was a great deal of talk and concern about the poor who had to go to food banks and all the rest of it. We should therefore know the amount of resources that had to be put into that referendum so that anyone who says that they want another referendum soon would at least know the cost of the one that we had three weeks ago.
Leader of the House
Baroness Stowell of Beeston Excerpts(9 years, 9 months ago)
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The Lord Bishop of Carlisle
My Lords, I associate those of us on these Benches with the generous comments from around the House about the noble Lord, Lord Hill. My colleagues have been grateful for the support, the wisdom and the guidance of the noble Lord and his office for the Lords spiritual to enable our contribution to the work of the House to match the high levels of all other parts of the House. He also did a wonderful job as Education Minister and he has been a good friend to the church and to the Lords spiritual.
On these Benches he will for ever be remembered for the slight confusion in the Pass Office that his and the right reverend Prelate the Bishop of Guildford’s introduction caused. The right reverend Prelate—Christopher Hill—and the noble Lord, Lord Hill, introduced on the same day, briefly shared a wife due to clerical confusion over their surname. This was thought by all to be a step too far towards liberal inclusivity, even with the news yesterday of the imminent arrival of women to the episcopate.
We also extend our warmest welcome to the noble Baroness, Lady Stowell. As we have heard, she had the imposing task in the previous Session of introducing changes to the marriage law and we were very grateful for her willingness to engage constructively with all sides of the debate. We are sure that this will continue in her new role and we greatly look forward to further engagement with her in the years to come. So we welcome the noble Baroness, Lady Stowell, and we say thank you very much to the noble Lord, Lord Hill, wishing him well in his new endeavour of representing the complex interests of the United Kingdom with our European partners in the Commission.
The Chancellor of the Duchy of Lancaster (Baroness Stowell of Beeston) (Con)
My Lords, first, I thank all noble Lords for their kind words about my predecessor and the warm welcome extended to me. I fear that I will never live down my remarks about George Clooney.
I am honoured to stand here as Leader of your Lordships’ House. That is not least because of who I succeed. My noble friend Lord Hill of Oareford is also a personal friend of more than 20 years. He and I worked together closely in the past and, as noble Lords may recall, he was one of my supporters when I joined this House. He has always been a source of support, wisdom and good humour—not just for me but for many of your Lordships. His unruffled and self-deprecating style sets him apart, as does his unfailing courtesy and generosity as a kind and straight-talking man. We will all miss him during his time at the Commission. My noble friend heads off to Brussels at an especially important time for this country, and the Prime Minister has sent a man with the country’s very best interests at heart. Undoubtedly, my noble friend will be brilliant in that job.
This House must always meet the highest standards that the people it serves rightly expect. My noble friend, although Leader of your Lordships’ House for only a relatively short time, put that right at the heart of the work he did. In his time as Leader, he proposed and supported changes to the House’s Code of Conduct to strengthen and clarify its operation, as well as new sanctions to deal with those who fall below the standards that we expect. My noble friend can be rightly proud of the way in which he has led this House with distinction. He has been a firm defender of its traditions and customs.
Like my noble friend Lord Hill, I have huge respect for this House and its work. I am very conscious of the great privilege of being Leader and I shall use all my energies to work with your Lordships to meet our responsibilities.
Marriage (Same Sex Couples) Bill
Baroness Stowell of Beeston Excerpts(10 years, 9 months ago)
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We are all much aware of the noble and learned Lord’s concern about family and children, because he has spoken about them many times in this Chamber. However, with respect, these are not the issues being discussed in this Bill. I agree with many noble Lords who said that this will probably be known as the “brackets” amendment. We do not want or need brackets in this Bill, because its very purpose is to provide for the state to recognise equally the relationships of couples who wish to make a loving and lifelong commitment to each other, regardless of whether they are members of the same sex or of the opposite sex.
I accept that this purpose moves the statutory concept of marriage beyond that which proponents of traditional marriage agree. This amendment is about creating two classes of marriage. I congratulate my noble friend Lord Anderson, who spoke of celebrating his special wedding anniversary, but I hope that I will live long enough to celebrate silver wedding anniversaries of same-sex marriages which will take place next summer. My noble friends Lord Alli and Lord Richard, and the noble Lords, Lord Fowler, Lord Deben, Lord Pannick and Lord Lester, put the case powerfully and well.
I am surprised by the opposition to equality of marriage from the noble Earl, Lord Listowel, given his work with children, for which he is famous in this House. If he had discussed this with young people, as I have, he may find that in most cases they really do not understand what the fuss is about or what the problem is here. I do not think that the problems faced by the types of young people the noble Earl helps and supports are a result of, for instance, the proposal for same-sex marriage. That cannot be the case.
I would say to the noble Lord, Lord Waddington, that I have not seen any hostility to the church during the course of these discussions. My noble friend Lady Royall and I have met both the Church of England and the Roman Catholic Church on several occasions throughout the course of this Bill. They were friendly exchanges and friendly discussion. We disagree with each other on some of this Bill, but I have not seen any unfriendliness, nor do I think that the dismal picture that the noble Lord paints will come to pass.
I do not think that the word “wife” will be abolished. As a wife, I certainly do not think so and I hope that nobody will put any ideas into my husband’s head. We wives are probably very safe with the passage of this Bill. My noble friend Lord Alli asked the question, “Why do same-sex couples have to have bracketed marriages?”. I agree with him that it is a bad idea. We should defeat this amendment.
Baroness Stowell of Beeston
My Lords, I am grateful to my noble and learned friend for introducing his amendment and for all the contributions to the debate. One or two noble Lords referred to this issue as being complex. I disagree with them. What is before us is very simple. There is one institution of marriage, it is one of the most important institutions that we have, and we want gay and lesbian couples to be a part of it in exactly the same way as any other couples who wish to be married. These amendments create two separate, potentially legal institutions and, therefore, undermine the fundamental purpose of the Bill, as other noble Lords, including the noble Lords, Lord Pannick, Lord Alli, Lord Deben and Lord Richard, have said.
Every time that we have introduced a change in support of gay rights, it has been hard-fought for and not always been easy to progress. None the less, it has made it easier to take the next step. Each step makes it easier for gay men and women to live their lives in the same way as straight men and women. I noted what the noble Baroness, Lady Howarth, said about gay men and women wanting to live ordinary lives. The more that we allow them to do so, and to see them doing so, the more it leads us to believe that we should remove from them any barriers to being able to do just that.
The creation of civil partnerships was a massive step forward. Through them, we gave gay couples equal rights. I was not in Parliament at the time, but I guessed that Parliament decided that the difference between us justified keeping gay men and women out of the institution of marriage. However, over the past eight or nine years, as we witnessed civil partnerships taking place and have become familiar with couples in civil partnerships, we as a society have realised that the exclusion of gay men and women from marriage is not justified.
My noble friend Lord Cormack said that he wanted us to reach a compromise and that the amendment represented that. I say to him and to all noble Lords who support him and these amendments that the time for compromise is over. We now understand that serious relationships between gay men and between gay women are no different from serious relationships between straight men and women. I have said many times during the passage of the Bill that gay couples want to settle down for exactly the same reasons as all other couples do. They are two people who love each other, want to commit to each other, want to provide security and stability for each other, and want to be a team, a partnership and to support each other. Like straight people, that is what leads gay people to want to marry. There is no difference there between us.
My noble and learned friend Lord Mackay pointed to differences and raised the issue of procreation and children to illustrate his argument. The Bill as it stands distinguishes between same-sex couples and opposite-sex couples only as far as is necessary to achieve a practical result. My noble and learned friend talked at length about children. In response, I should make just a few points. The first, which is really important, is that if we enact the Bill, the children of same-sex couples will be able to enjoy the same status as other children. That is a fantastic thing to be able to achieve. It will mean that children at school will not be treated differently, as their parents will be married in the same way as other parents may be.
The Earl of Listowel
I thank the noble Baroness for her reply to my question about research into outcomes for children of same-sex couples. It is encouraging and reassuring, to some extent, that there is positive research about the experiences of two women bringing up a child. However, is she aware that it is still early days in terms of research? We have not, for instance, looked very deeply at what happens to children being brought up by two men. We have not looked at issues around lower income couples and the outcomes for them. Surely we need to keep in mind, and be critical about, all the research because we know, for instance, about poor outcomes for boys who grow up without fathers. We need to look at the research critically because it is still early days.
Baroness Stowell of Beeston
I would disagree with the noble Earl’s suggestion that there is a difference in outcomes for children of same-sex couples, but that is a debate for another day. That argument, and the points he makes are not relevant to the amendments before us, which are about creating two different types of marriage. We are saying that there is only one institution of marriage, and both gay and straight couples who want to get married should be able to be part of that one institution on equal terms.
Lord Mackay of Clashfern
My Lords, I am obliged to all those who have taken part in this debate, whether supporting or opposing my amendment. It is interesting to hear what people have to say. I quite understand that the noble Lord, Lord Alli, does not like the brackets, but they have been put in by Government in the Bill’s Title. I thought, what else can I do but accept the Government’s guidance on the matter? However, I think perhaps that that is not the noble Lord’s most important point.
My noble friend Lord Deben, in a characteristic speech, said that the distinction between the two types of marriage was universally recognised, so why should it be recognised in the Bill? If it is universally recognised, surely it would be right to recognise it in the Bill because it is founded on the absolute fact of what occurs. The two are distinct. I do not try to separate them; I just distinguish because they are distinct in fact, and nobody can alter that. The idea that I am trying to wreck the Bill is not correct, I am sorry to say—well, perhaps I am not sorry; I should be glad to say that it is certainly not correct. I want to recognise in the Bill a distinction which, according to my noble friend Lord Deben—and who higher an authority?—is universally recognised. It damages the Bill in the eyes of ordinary people when it is not seen that that is recognised.
My noble friend said that I went on at length about children. I am sorry if I went on too long, but it is a very important factor. Children are very much at the centre of the institution of marriage as it was—and is until the Bill is passed. They are very much at the centre, and indeed, as your Lordships know, in relation to divorce and all that, elaborate provisions were made for children. Children are very important to marriage. There is a statement about children in the Bill which I regard as very important. Paragraph 2(1) of Part 2 of Schedule 4 states:
“Section 11 does not extend the common law presumption that a child born to a woman during her marriage is also the child of her husband … Accordingly, where a child is born to a woman during her marriage to another woman, that presumption is of no relevance to the question of who the child’s parents are”.
Therefore, the situation is that when two women are married under the Bill, and one of them has a child, that child has the same status as if the woman were single. If that is not a distinction—it should be recognised at some point, whether in brackets or otherwise—I do not know what an important distinction can be. If the Government want to improve on the brackets, I shall be happy that they should do so, but I believe that there is a universally recognised distinction between the marriage of two men or two women on the one hand and the marriage of a man and a woman on the other. These are facts that depend on something outside, and impossible to move, or remove by this legislation. The Bill would be improved by people realising what it does and recognising this universally understood distinction.
My noble friend Lord Lester quoted from the dissenting judgment of one of the Justices of the Supreme Court of the United States. He distinguished between the two types of marriage: the one slightly older and the more recent one. I want to include in the Bill recognition of that distinction. The quotation of the noble Lord, Lord Lester, seemed to imply the necessity for some form of sexual relationship in both types of marriage. I pointed out, and I think it has been accepted so far, that same-sex marriage is not gay marriage—it is quite wrong to describe it thus. It includes gay marriage, of course, but it is wider because it involves same-sex couples, whether gay or not. Platonic relationships are perfectly possible under the Bill.
Baroness Royall of Blaisdon
My Lords, the issue pertaining to registrars is not to do with conscience but with the fact that registrars are public servants, and they are upholding the law. In being a registrar they are doing their duty as public servants. Their beliefs are nothing to do with their work as a registrar. This amendment is completely different. It is to do with freedom of belief and freedom of expression, which I believe are a hallmark of democracy. Individuals must be able to reasonably express their views on these issues, as indeed they are.
The amendment put forward by noble Lord, Lord Dear, and the amendment to that amendment put forward by the noble Lord, Lord Cormack, are not only unnecessary, but they could dovetail into some concerns expressed earlier by the noble Lord, Lord Elystan-Morgan. He was concerned about having a sort of gold hallmark of marriage, and then a sort of tarnished, baser metal marriage for same-sex couples. We want marriage for same-sex couples and heterosexual couples to have equality of esteem. They must have this. I am therefore against the amendment.
Baroness Stowell of Beeston
My Lords, I am grateful to the noble Lord, Lord Dear. In introducing his amendment he reminded us again that we should try to ensure that we are tolerant, generous and courteous, not only in our debates in this House but also in the legislation that we are bringing forward. I argue that we are doing just that. The noble Baroness, Lady Royall, just quoted something I said at an earlier stage. The Government are very clear that the Bill does not only allow same-sex couples to marry; it also protects religious freedom and ensures that no belief that anyone holds now is affected by the introduction of this Bill. As I said at earlier stages, we are clear that the belief that marriage should be of one man with one woman is protected under the Equality Act 2010. It meets the established criteria set out in case law.
The noble Lord, Lord Dear, referred to the case of Grainger plc v Nicholson, which specifically included beliefs worthy of respect in a democratic society. Equally, Article 9 of the European Convention on Human Rights guarantees that everyone has the right to freedom of thought, conscience and religion. This means that everyone has an absolute right to hold any belief. However, of course the right to manifest one’s belief is qualified, and the state can regulate that in certain circumstances where that is necessary for the protection of the rights and freedoms of others. As I have made clear, it is perfectly possible for somebody to not only have that legitimate belief but also to be free to express that belief. To follow up on the exchange that just took place between my noble friend, Baroness Knight, and the noble Baroness, Lady Royall, the difference is that what is not possible is for somebody to withhold their services because of the belief they hold. There is nothing to stop them from having that belief. The amendment is therefore unnecessary. It states something that is entirely true—that the Bill does nothing to undermine the principle that a belief that marriage is,
“union of one man and one woman for life to the exclusion of all others is a belief worthy of respect in a democratic society”.
Of course it is, and this Bill raises no doubt about it.
As has been pointed out, the view that a marriage of a same-sex couple, like the marriage of an opposite-sex couple, is a valid marriage is also a belief worthy of respect in a democratic society. As was said by the noble Baroness, Lady Royall, and my noble friend Lord Deben, if we are going to state that the one belief is worthy of respect, we ought to state that both are worthy of respect. As it stands, this amendment suggests that a belief of the kind it covers, concerning marriage between a man and a woman, is in some way superior to a belief that marriage of a same-sex couple exclusively and for life is to be welcomed as an equally valid relationship. Therefore the amendment goes against the entire point of the Bill.
I also caution the House on a further point of principle. We risk getting into rather dangerous territory if we start to set out in statute which beliefs are worthy of respect or protection in law. It may seem easy here, where there is absolutely no doubt that the belief concerned is mainstream and uncontroversial, but it would not be wise for legislation to list beliefs, just as we do not list religions. Otherwise we get into the arena of state-sponsored religions and beliefs. It would also be an impossible task to list all religions and beliefs that are protected, which would cast doubt about whether unlisted beliefs are protected. That point was made in this debate by some noble Lords who are lawyers.
I now touch on Amendments 5 and 6, put forward by my noble friend Lord Cormack. I will go not into detail, because they do not affect the fundamental point I am making, which is that these amendments are unnecessary. They risk creating the suggestion that a belief in the validity of the marriage of same-sex couples is to some extent less worthy than a belief that marriage should be of one man with one woman. As I have explained, it would be most unwise to seek to legislate for what is or is not a belief worthy of respect.
All that said, and just to be absolutely clear, of course none of that means that it is not absolutely legitimate for people to hold the view that a marriage should be between a man and a woman, and for them to be able to express that view. I have stated that many times and I will continue to do so, because it is such an important part of what we are ensuring will remain the case when, as we hope, the Bill becomes an Act of Parliament.
Finally, in response to the noble Lord, Lord Dear—
Lord Butler of Brockwell
My Lords, it would greatly reassure me if the Minister were to give an absolute assurance that somebody who says that they believe that marriage is the voluntary union of one man and one woman for life to the exclusion of all others is not in any danger of being charged with making a homophobic remark.
Baroness Stowell of Beeston
I can give your Lordships absolute, categorical reassurance that anybody who expresses that view is being absolutely lawful. What I cannot give the noble Lord categorical assurance on, which is something that we debated at length at earlier stages of the Bill, is that there may not be somebody out there who decides to try to take action against them. If they were to do that, the law would protect them, because the view that the noble Lord has just expressed is absolutely lawful. It is legitimate, and they can hold that belief and express it. Clearly, as noble friends who are lawyers have reminded me before, whenever a judge hears a case he has to take in all manner of different contexts in order to consider the way in which those words are expressed. But I believe that I can give the noble Lord the reassurance that he is looking for on that point.
Lord Elton
My Lords, on that point, could my noble friend tell me whether she had a letter from a Mr Tony Miano, which is relevant to this. If not, may I pass it to her to read before Third Reading?
Baroness Stowell of Beeston
If the gentleman that my noble friend refers to has written to me, the letter has not reached me, but I have seen a copy because I know it has been circulated widely. I am aware of it. What his experience tells us is the point that I just made, if I understand that experience rightly and it was as has been reported in the media. I was not there and do not have the full details of the event. If he expressed views as I have just explained, he was being absolutely lawful. I understand, according to news reports, that he was arrested, but no charges were brought against him because the law is clearly on his side.
My noble friend has just given me the opportunity to remind noble Lords of something. I was going to make this point in any case to the noble Lord, Lord Dear, because he said we are not making any concessions in this area. It is important to remind him and the House that we have amended the Public Order Act to make it absolutely clear in the provision that already exists in that Act that it is absolutely lawful for people in public discourse to express this view. We were happy to make that amendment to a section that already exists. That change has been made. On a general basis, I also point out to the noble Lord and the House that later we will debate an amendment we are moving in the context of greater clarity for the protection of religious freedom around the meaning of the word “compel”. We are listening and we are making changes where we think it is right to do so and no harm will be done. In that context, the proposal that the noble Lord has put forward is not necessary for all the reasons I have explained. I hope that he feels able to withdraw his amendment.
Lord Dear
My Lords, I am much reassured by what the Minister said. She mentioned the Public Order Act. Of course, that allows me to parade, after a defeat here, a success in removing the word “insulting” from Section 5 of the Public Order Act shortly before Christmas with a fairly substantial majority. That was taking the word “insulting” out but leaving in “threatening” or “abusive” words or behaviour in a public place. Amendment 4 is really aimed much more at comments made in private, not in a public place, as defined by the Public Order Act, which the noble Baroness alluded to.
I remained concerned. I mentioned before, as did others today, the large number of people who are concerned about a change to life as they see it, to put it in those terms. Certainly, from my own personal point of view, I would not withhold the words “worthy of respect” from same-sex marriage if this Bill becomes law. Undoubtedly, it will do. The moment it becomes law, I shall accord that respect, undauntedly, to those who are in a same-sex relationship as I do to those in a traditional relationship. I hope, too, that that will go for the vast majority of people in this country.
I am much reassured by the response given to the question posed by my noble friend Lord Butler of Brockwell because I was going to make the same point. He saved me from posing that question again and perhaps losing my voice in the process. I hope that, in future, we will find that this short debate has been unnecessary and that in fact the holding of a belief and espousing that belief into some sort of fairly anodyne comment—one not meant to insult, a simple “I believe X”—will not get those people into trouble. The Minister has been so fulsome in the way she responded to that question that I have great pleasure in withdrawing the amendment.
Marriage (Same Sex Couples) Bill
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Lord Cormack
My Lords, it seems to me that adding the amendment to the Bill can do no harm to anyone and give reassurance to many. In that context, I hope my noble friend Lady Stowell will be able to give a reply that shows she understands why the right reverend Prelate introduced the amendment and why a number of us feel that he was entirely justified in so doing.
Baroness Stowell of Beeston
I am grateful to the right reverend Prelate the Bishop of Leicester for introducing his amendment and also for quoting me from December of last year when I repeated the statement of my right honourable friend the Secretary of State when the Government published their response to the consultation. I actually remember what I said to him that day about the Bill, as we intended at that time, not being designed to change society but to reflect society as it is changing. I stand by that statement in response to his question that day. I hope that I can reassure him and other noble Lords that the protections already exist to allow people to express a perfectly legitimate belief that marriage should be only between a man and a woman.
I know what my noble friend Lord Cormack has just said but I think it is important for me to stress again that that is an absolutely legitimate belief. People have the absolute right to express that belief and such a religious or philosophical belief is a protected belief under Article 9 of the European Convention on Human Rights and under the Equality Act 2010 itself. I am sure from the contribution he made in earlier debates that if the noble Lord, Lord Lester, was here he would also refer to the Human Rights Act and quote,
“so far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights”.
Perhaps more significantly in this context, Section 13 provides:
“If a court’s determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right”.
There is therefore no doubt at all that belief that marriage should only be between a man and a woman is both legitimate, as I have said, and mainstream. I hope that from the debates we have had already on this topic during Committee, and my responses to them, I am able to reassure noble Lords. However, I will go over some of the key points again in response to the right reverend Prelate the Bishop of Leicester.
Our commitment to protecting the right of people to believe that marriage should be of one man with one woman was demonstrated in particular, as he has acknowledged, by the Government’s amendment to the Public Order Act 1986, which the House agreed last week. This puts beyond doubt that offences regarding stirring up hatred on the grounds of sexual orientation do not outlaw the reasonable expression of the view that marriage should be between a man and a woman. We were able to insert this clarificatory wording in that case because it amends an existing avoidance of doubt provision. There was therefore no risk that it might cast doubt on whether the reasonable expression of other views might amount to hate crime.
However, that is not the case with this amendment. This amendment would open up uncertainty as to whether discussion or criticism of other matters, such as civil partnerships or homosexuality in general, might of themselves constitute unlawful discrimination or harassment under the Equality Act 2010. However, as I have said, we recognise and agree that there is a need to ensure that employers and public authorities do not misinterpret or misapply their responsibilities in this regard. That is why we have committed to working with the Equality and Human Rights Commission to ensure that its statutory codes of practice and guidance in this area are as clear as possible. During the debate on Amendment 13 on the public sector equality duty, I undertook to write to the noble Baroness, Lady O’Loan, to set out how the provisions contained in the Equality Act 2010 will provide adequate protections for religious organisations and individuals, and why the equality duty cannot be used to penalise those who do not agree with same-sex marriage.
I understand the concern that has been expressed by the right reverend Prelate and understand the points that have been made by my noble friend Lord Cormack. However, I do not think that I can be any clearer than I have been today, and in response to previous debates, in making the point that it remains absolutely legitimate for people to have that belief and it remains absolutely legitimate for them to be able to express that belief. The Bill as we have drafted it protects the religious freedoms of faiths that want to maintain their existing belief in marriage being between a man and a woman. I hope that, with my restating all these points, the right reverend Prelate will feel able to withdraw his amendment.
The Lord Bishop of Leicester
My Lords, I am grateful to the Minister for her clear and thorough response. I defer of course to the legal argument of the noble Lord, Lord Pannick, although I would remind him that an employee who was demoted by his housing association employer for expressing the view on his personal Facebook page that same-sex marriage in church was, as he put it, “an equality too far”, successfully brought a breach of contract claim against the employer. My contention is that he should not have been put in the position of having to do that. That is the kind of reassurance I am looking for today.
Baroness Stowell of Beeston
We debated this at great length last week when the same example was used on several occasions to make a similar point. As it has been raised again, I think it is worth repeating that the right reverend Prelate is quite right that it is so frustrating that somebody had to go through that process of establishing their freedom in order for it to be made clear. I regret that it was necessary for him to do that. However, the law, as it stands, did protect the man in question. I hope that the efforts that we are making with the Equality and Human Rights Commission properly to inform public authorities of the absolute rights and freedoms of people to express their religious beliefs will reduce the number of cases of the kind to which the right reverend Prelate refers.
The Lord Bishop of Leicester
I am grateful to the Minister for that clarification. I understand it and I hope that she will understand the sprit in which I raised this question.
“(1) Section 25 (void marriages) is amended as follows.
(2) At the beginning insert—
“(1) A marriage shall be void in any of the following cases.”.
(3) The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—
“(2) Case A is where any persons”.
(4) For the words after paragraph (d) substitute—
“(3) Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders.
(4) Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.
(5) In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.”.”
Baroness Stowell of Beeston
I am grateful to the noble Lord. I am particularly grateful to him for drawing comparisons with the amendment that was put down in the name of the right reverend Prelate earlier this evening. I agree with him that it is very similar and the response and arguments that I would have made to the noble Lord, Lord Dear, are similar to those which I have made at length on several occasions in Committee.
I will take this opportunity to make a couple of points. First, I hope that if this Bill is to become an Act—and I certainly hope that it will—we arrive at a point where it is accepted that the law allows marriage of same-sex couples, and it is possible for us all to respect differences of view about whether marriage should be between a man and a woman. Although the noble Lord, Lord Singh, is no longer in his place, I take exception to his assertion earlier that we have brushed aside concerns about freedom of speech in Committee. I have been happy to respond comprehensively to the debates we have had on that matter. I take on board the serious concerns that people have had in this area, and hope that I have been able to offer reassurance to noble Lords.
By the same token, I was a little perturbed by the comment that the noble Lord, Lord Dear, made earlier about me not responding with any real scope for consideration of the debates that have taken place in Committee. As my noble and learned friend will be responding to the final amendment and this will be the last time I am on my feet in Committee, I point out that in addition to the list of amendments I referred to in response to the noble Lord, Lord Anderson, that we have already tabled to the Bill, during debates at Committee, I—or my noble and learned friend—have committed to respond to noble Lords on a range of different issues.
This is not an exhaustive list and I am sure we may have other meetings with Peers on other topics. I have, for example, already agreed to have a meeting with my noble friends Lady Cumberlege and Lord Elton to discuss registrars. On the amendment earlier this evening about religious freedom for faith schools, I said that this was a matter that we continue to consider. In the debate earlier today about transgender matters, I said that I would write to the noble and learned Baroness, Lady Butler-Sloss, about her particular point. I am sure that the noble Baroness, Lady Thornton, my noble friend Lady Barker and I will probably meet to discuss that again. On the public sector equality duty and the definition of “compel”, we have agreed to write in detail to the noble Baroness, Lady O’Loan, about the points she raised. I add, because it was not mentioned during the debates last week, that I have already had a meeting with my noble friend Lady Berridge and the Secretary of State has already met the noble Baroness on that matter.
On humanists, I said that we would reflect further. On presumption of parenthood, I said that I would write in great detail to set out what is proposed in that very important area, which my noble and learned friend has just referred to again. On reviewing of the Act, which was an amendment from the noble Lord, Lord Dear, earlier today, my noble friend Lady Northover responded comprehensively. While there were differences in approach, it was clear that we were very committed to seeing the need for a review of the Act in future. On the debate about pensions, as the noble Lord, Lord Alli, was gracious to acknowledge in his response to me at the beginning of today’s debate, I took the time to speak to the Pensions Minister before the debate took place today.
I say all that because I want to put on record that we are listening, we continue to listen and the debates will continue. I am grateful to the noble Lord for saying that he will withdraw his amendment on freedom of expression.
Marriage (Same Sex Couples) Bill
Baroness Stowell of Beeston Excerpts(10 years, 10 months ago)
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Baroness Thornton
My Lords, these amendments are very similar to those we debated before the dinner break and, in a way, similar to the ones that we will be debating next concerning registrars and public servants. Our view is that the equality legislation—and freedom of thought, speech and belief protected by that legislation—covers these points. I can see why the noble Lord may wish to probe that, and I am sure that the Minister has more than adequate answers to it, but we do not think that the amendments are necessary.
Baroness Stowell of Beeston
The amendments of the noble Lord, Lord Dear, provide an opportunity for me again to make clear what is allowed under the law in terms of belief and expression of belief. I do not accept his argument that the law deals only with conduct and not with freedom of speech, because it explicitly does. People are clearly able to express themselves, to hold religious beliefs and express those beliefs, and to do so freely. Nothing in the Bill restricts anyone’s right to express a view on marriage or anything else.
As I said before, I understand that some people are uneasy about the impact of the important change that we are making in the Bill by extending marriage to same-sex couples, but they really have nothing to fear. The law is clear. I understand that there is concern out there but it is my job here to respond to that and to say as clearly as I can that in law there really is nothing to fear. The Equality Act 2010 works in a balanced way to ensure that reasonable discussion of any topic is not restricted. The law comes into play only if someone is subjected to a detriment or is harassed because of a protected characteristic.
The noble Lord’s amendments would provide that a person other than a registrar, superintendent registrar or the Registrar General may not be compelled to express agreement with a religious marriage ceremony of a same-sex couple. Nothing in the Bill or elsewhere requires anyone to express support for marriage of same-sex couples, nor is there anything that prohibits disagreement with same-sex marriage. Nothing requires religious ministers or teachers—if that is what the noble Lord has in mind—or anyone else to express agreement with religious marriage ceremonies of same-sex couples. Religious ministers are free to preach about their views of marriage and those of their faith, and teaching must be factual and appropriate, but that does not involve teachers having to say they believe things that they do not believe.
Expressing disagreement with something is not in itself harassment or discrimination under the Equality Act. Under that Act, it is how people are treated that matters. Accepting this amendment would risk creating doubt as to whether other topics of conversation, such as views on civil partnerships or homosexual relationships generally, need similar protection.
As we have already discussed, we have amended the Public Order Act. I covered that in great detail in previous debates and I shall not go over it again. I can only conclude by saying that the amendments are unnecessary and potentially damaging to the balanced way in which the Equality Act protects people from discrimination and harassment. For those reasons, I cannot accept the amendments. I hope that I have been able to give the noble Lord the assurance that he is looking for and that he feels able to withdraw the amendment.
Baroness Stowell of Beeston
I think it is both. They are not necessary and by being specific in this way, as I tried to explain, we create doubt about people expressing other views that are not spelt out. Once we become specific, arguably we remove people’s protection to say other things that they are legitimately able to, because the law does not out spell out specifically that they are protected in doing so. There is a potential risk there with the amendments as well.
Justice and Security Bill [HL]
Baroness Stowell of Beeston Excerpts(11 years, 5 months ago)
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“( ) Rules of court must make provision—
(a) requiring the Secretary of State, before making an application under subsection (1), to give notice of the Secretary of State’s intention to make an application to all of the parties to the relevant civil proceedings,(b) requiring the Secretary of State to inform all of the parties to the relevant civil proceedings of the outcome of the application.”
Baroness Stowell of Beeston
My Lords, I shall speak to Amendment 41 now but I hope it will assist the House if I do not speak to the other amendments in this group until after they have been debated. I shall therefore respond at the end of the debate to both this amendment and the other amendments in the group which have been tabled by other noble Lords.
When I was responding to a debate on a topic which falls within this group, I boldly announced that I am not a lawyer. In the course of my remarks I said something which provoked a strong response from some of the lawyers who were involved in the debate that day and it is therefore a pleasure to move a government amendment that addresses the concerns raised in debate at that time. The point at issue then was the provision of notice by the Secretary of State to the other parties in a case in which a CMP is to be applied for. The Government committed to considering the issue. We gave it more detailed consideration over the Summer Recess and wrote to the noble and learned Lord, Lord Falconer, together with a number of other noble Lords who raised questions at the time of the debate.
In that letter, the Government explained that on further consideration it was clear to us that there were difficulties of both principle and practice with having CMPs without notice. We made it clear that closed judgments would exist without anyone other than the judge and the Secretary of State being aware of their existence if we were not to give notice, and that special advocates would also be unable to take instructions from the individuals whose interests they represent or to communicate with them at all. It was our view that this problem could be sorted out in the detailed rules of court for CMPs. However, the Government have considered this further and believe that it should be safeguarded in the Bill. The amendment provides for two procedures: the Secretary of State must give notice of his or her intention to apply for a CMP to the other parties in the case, and he or she must also inform the other parties of the outcome of the application.
I hope noble Lords will agree that this enhances the safeguards available under the Bill to ensure that the maximum amount of information that can be provided to the open representatives in the case is provided. I hope noble Lords will also agree that this amendment materially advances the continued efforts of the Government to ensure as much openness and transparency as possible, and to ensure that nothing is kept secret that does not need to be for genuine national security reasons. I beg to move.
Lord Pannick
My Lords, I shall speak to Amendment 56 in this group, which has been proposed by the Joint Committee. It would ensure that rules of court make provision for the media to be notified of any application for a closed material procedure so that they can make representations on the issue to the judge. The amendment would also ensure that a party to a closed judgment may apply for it to be made open at a later stage. It is not sufficient for the Secretary of State to give notice of an application for a CMP to the parties to the case. The reason for that is that a CMP will severely impede the ability of the press to report legal proceedings. It may be that it is only the media who are concerned about a proposal to introduce a CMP in a particular case; the other parties may not be focusing on the matter or may not object.
It is also essential for rules of court to provide a mechanism by which judgments that are closed can be reopened and published after the passage of time if there is no longer any reason for secrecy. These provisions were recommended by the Joint Committee, and perhaps I may quote what was said yesterday in a lecture by the president of the Supreme Court, the noble and learned Lord, Lord Neuberger:
“Without judgement there would be no justice. And without Judgments there would be no justice, because judicial decisions, at least in civil and family law, without reasons are certainly not justice: indeed, they are scarcely decisions at all. It is therefore an absolute necessity that Judgments are readily accessible”.
I accept entirely that if there is a CMP, of course that part of the judgment will be closed, but it is essential that rules of court allow for the possibility of a later application to open up that which no longer needs to be secret.
Lord Beecham
My Lords, for the avoidance of doubt, I should say that the Opposition support Amendment 56. My noble friend Lady Kennedy beat me to the Public Bill Office in putting her name to it. As she and the noble Lord, Lord Pannick, have said, it is important that the press and the media generally should have notification of applications of this kind. It complements a later amendment that will require the regular reporting of the number of applications that have been made, so to some degree the two things flow together.
The manuscript amendment tabled by the noble Lord, Lord Phillips, has arrived very late in the day and, given the other excitements we have been enjoying, I confess that I personally have not given it sufficient attention. I will be interested to hear the views of the Minister if she is replying to that particular amendment in due course. I would also be interested to learn the views of the noble Lord, Lord Pannick, on it, if he is able to give them. On the face of it, the amendment seems fairly persuasive, but it has been brought forward so late that I am finding it difficult to come to a decision, although other noble Lords may find it easier to do so. But certainly so far as Amendment 56 is concerned, and indeed the original amendment in this group, the Opposition are fully supportive.
Baroness Stowell of Beeston
My Lords, I am grateful to all noble Lords for their remarks. I will speak generally and respond to the noble Lord, Lord Phillips. The noble Lord, Lord Hodgson, has not said anything about his amendments in this group but what I will say applies to those as well.
The Bill does not seek to change the rules in relation to civil proceedings, save where this is necessary to have a closed material procedure; we are not otherwise changing the ordinary rules in civil procedures relating to disclosure of evidence. The noble Lord, Lord Phillips, in speaking to his manuscript amendment, talked about adding a lasso. We believe that the Bill already provides a lasso. We agree with the thrust of the points he makes but do not think it is necessary to accept his amendment, because the Bill provides for the essence of this point in Clause 9, where it says that, subject to securing closed material procedures, the ordinary rules of disclosure must otherwise apply. The way that his amendment is worded may also be a potential source of confusion in that it is unclear what is meant by the word “necessary” in the amendment in a particular case. More specifically, we are already providing for the concerns that he has raised.
Lord Phillips of Sudbury
I apologise again to my noble friend and to the House for the lateness of this amendment. I think her argument was that Clause 9 makes my amendment redundant, but am I right in thinking that Clause 9 relates to rules of disclosure whereas Clause 10(2) relates to rules across a much wider plain, governing standards of proof, evidence, whether or not there is a hearing, legal representation and so on?
Baroness Stowell of Beeston
I will address that point by saying that we are not seeking to change any of the ordinary rules for civil proceedings in this Bill. The normal rules for civil proceedings apply in the same way here except for where it is necessary to change them in order for us to meet the requirements of a closed material proceeding.
Lord Phillips of Sudbury
The noble Baroness says that the normal rules of civil procedure apply but Clause 10(2) gives extraordinarily wide powers to make new and different rules. That is my point and that is my concern.
Baroness Stowell of Beeston
It is probably easier if I turn to the other points that have been made in this debate. In the course of doing so, maybe I will receive some assistance that will allow me to answer the noble Lord’s question in greater detail. As if by magic, I have been handed a note. Clause 10(2) gives powers to make rules but these are in consequence of CMPs.
I move on to the question of media reporting and the points raised by the noble Lord, Lord Pannick, and the noble Baroness, Lady Kennedy. The amendment that I have moved, which hopefully the House will accept, means that the parties to CMPs will be notified when an application has been made. In essence, the point was that this is not sufficient in terms of notifying the media. It is obviously a matter for the parties to the claim to decide whether to inform the media. This amendment will ensure that the judge notifies the parties, such that this will be disclosed in the normal proceedings of disclosure that courts make. The noble Lord is looking at me quizzically. He will know more about this than I do, but when the judge notifies the parties that there has been an application, unless it is necessary for him not to do so in the interests of national security, that will be in the public record that exists in the court, which presumably the media are monitoring at all times. This is not about withholding information from the media.
Furthermore, if the media had the right to intervene in this process, it would be necessary for them to have access to all the material so that they could judge or come to a view as to whether it should be a matter for a closed hearing or not. That would be contrary to the whole point of a closed material procedure.
Lord Pannick
I am not of course suggesting that the media should have access to the closed material, any more than the claimant does. The claimant is notified but does not see the secret material. The point is that the media should also simply be notified, so that they can object to a closed procedure.
Baroness Stowell of Beeston
They will be notified, if not directly, by the process of the court notifying both parties to the claim. If the parties wish to notify the media, they can. The media will also be aware through the court disclosing its business in the normal way. The media will also be aware if the claimant wishes to tell them—as I am sure many will—about accusations that they wish to bring against the Government and the reason for them bringing the case in the first place. It is quite unlikely that the media will not be made aware of the application that has been made for a closed material procedure.
I would also add the point I made in Committee, that the media are not an institution with formal responsibilities to represent the public interest. Once they are notified formally in this way, it seems sensible or logical to me that they would then feel that they need to know more about the case—one limb of the amendment covers this—in order for them to have some kind of useful contribution to make about whether this should be a closed hearing or not.
Baroness Kennedy of The Shaws
In what way is this really significantly different from the many circumstances in which the press are excluded, or are advised not to print matters that are taking place in a court, such as the names of individuals, and a notice is posted to ensure that that is not done? We are really asking for a process of posting. The Minister is, of course, absolutely right that the rumour mill is likely to lead to people knowing and to the press finding out, but this is about making sure that there are formal processes rather than relying on the press being informed by lawyers, the parties or persons who would want the press to become interested. I would have thought that this is much better done through a formal process. I wonder why it is so different from other cases.
Baroness Stowell of Beeston
The amendment means that the judge will notify the claimant that the Secretary of State has made an application. Following normal practice, the judge’s decision will be part of the public record and so the media will be informed of that in the normal way.
Obviously, the press will have access to all the open elements of the case in the same way as they have access now. The sort of scenario that the noble Baroness describes would be a normal open court hearing within which there are aspects that the judge has decided to put some rules around. This is a specific issue about an application for a CMP and is therefore slightly different but, in terms of the direct analogy with the open part of the hearing, it would be exactly the same.
Lord Lester of Herne Hill
My Lords, I apologise for the fact that I missed the very beginning of this and it may be that in doing so I am about to say something stupid. However, am I right in taking from what the Minister is saying that the Government oppose Amendment 56 even though the Joint Committee attached enormous importance to this as a way of securing open justice without in any way damaging national security? In other words, in accepting Amendment 41, are the Government saying that Amendment 41 is instead of Amendment 56?
Baroness Stowell of Beeston
The point that I am trying to make, and I have made it several times, is that in the amendment that the Government are moving we are ensuring that it is now going to be part of the formal process of the courts to alert those who may be interested of the judge’s decision. As far as the media are concerned, we do not feel that it is necessary for there to be a specific notification to the media of the fact that the CMP has been applied for and consequently has been agreed or not agreed. There is nothing in that that is about withholding information.
The media report on other cases that use CMPs, in particular they are able to report on a finding on the issues. Indeed on other CMPs there does not seem to be a problem at all with the way that this works. In terms of the media being able to intervene in individual cases, which is another aspect to this amendment, civil damages cases that would be heard under this legislation are private law claims and it could be inappropriate for third party interventions to be made in such claims. The claimant may not want the media to intervene in the proceedings. I think that the most important point is that the outcome of all CMP cases will be reportable, increasing the opportunities for the media to report on these kinds of cases, as at present the Government are obviously having to settle rather than a claim being seen through to its conclusion.
I will turn to the other point that the noble Lord, Lord Pannick, raised about closed judgments, which is also covered in the JCHR amendments. It may be helpful for noble Lords if I briefly give some background on how closed judgments already work. There is a judicial safeguard on the use of closed judgments. In a case involving sensitive material, the judge must be satisfied that any material in the closed, rather than open, judgment would be damaging to national security and so could not be released. Special advocates can also make submissions to the judge about moving material from the closed judgment to the open judgment. If the court is persuaded that there would be no harm to national security, the material can then be moved to the open judgment.
The Government believe that it is important that those that are entitled to access closed judgments are able to do so. For this reason, the Government have created a searchable database containing summaries of closed judgments that will allow special advocates and HMG counsel to identify potentially relevant closed judgments. It is worth making the point that this new initiative has been put in place following the various stages of the passage of this Bill, both in terms of hearings and of discussion at JCHR. I am grateful to all noble Lords who have led to that new database being available.
The amendments also propose a review mechanism. Although I welcome this suggestion, the Government do not think that this particular proposal would work in practice. As drafted, it could mean that a person could attempt to subvert the disclosure process built into closed material proceedings by applying for the information immediately after the court had decided what information should be contained within the open and closed judgment, and then at regular intervals thereafter. A person could also abuse the process and put in an application each day. This would place a serious resource burden on the courts and agencies.
Having listened to the debate today and the findings from the JCHR report, the Government recognise that the review of closed judgments is an important issue and needs further thinking. The Government therefore request that Ministers have more time to look into the issues and report our findings to Parliament during the passage of this Bill. Obviously this may be something that would be looked at in the other place. To conclude, I ask noble Lords to accept the government amendment not to have CMPs without notice. I hope from the course of this debate that the noble Lords who have amendments in this group feel able to withdraw them at this time.
Lord Beecham
Before the noble Baroness sits down, in relation to the amendment of the noble Lord, Lord Phillips, would it be a way forward for her to take that back so that it might be raised, if necessary, at Third Reading? It is very late and the Minister is in difficulty—I think that we are all in difficulty—in terms of understanding the implications of the amendment, so this may be a way through the dilemma.
Lord Phillips of Sudbury
I am grateful for that suggestion. I do not want to keep apologising, but I do think, if the Minister agrees, that that is the way to deal with this.
Baroness Stowell of Beeston
I cannot commit to anything at this stage, but what I can do is to consider the amendment outside the Chamber and certainly to have a further discussion with the noble Lord.
Baroness Stowell of Beeston
My Lords, I beg to move that further consideration on Report be now adjourned. In doing so, it is worth noting that the dinner break business this evening is not time-limited. Without prejudging the debate, it is possible that we may be able to return to the Bill in less than an hour. Following discussions in the usual channels, I suggest that Report will not resume for 45 minutes, so not before 8.31 pm.