"Very diffidently, am I entirely wrong in thinking that, under Article 35 of the convention, some heed is required to be paid to the UNHCR’s expression of its approach to the convention? My recollection is that Lord Bingham said as much in one of the cases I mentioned last week, …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, I confine my brief comments on this group to Clauses 31 and 32, both of which have been touched on, respectively, by the noble Baronesses, Lady Ludford and Lady Lister.
"Does the Minister agree that, if, under this clause in future, somebody were to fail—they could prove only 45% of the relevant limb of the clause—they nevertheless could not be refouled? Certainly, under Article 3 of the ECHR the test is “reasonable likelihood” and not “balance of probabilities”...." Lord Brown of Eaton-under-Heywood - View Speech
"I will address Clause 36 very briefly, which I discussed last week in the context of Clause 11. I confine myself today to asking two questions.
First, do the Government accept, as I suggest they must, that Clause 36 would overrule the judgments of Lord Bingham and, among others, the …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, I do not and never did take the view expressed by some that the Government in their stated aim of rebalancing the relationship between the Executive and judiciary were intent on a power grab and on destroying the courts’ supervisory jurisdiction. The Faulks review was a model inquiry …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, I deeply regret the deformity to our law which results from the Harper amendment, made, as your Lordships know, for Third Reading. A mandatory life sentence for murder is one thing—indeed, one must recognise that, although entirely understandable, even that is questionable—but a mandatory life sentence for the …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, my noble and learned friend Lord Judge has asked that I go next. I have indeed added my name to the first substantive government amendment, but I indicated that I would—and I do—make it plain that I do so without any great enthusiasm. Rather, it is on the …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, I too support this proposal. The objectives set out in each of the paragraphs (a) to (h) of proposed subsection (2) of the amendment are plainly and urgently needed. It should not be necessary to establish a royal commission to focus on, pursue and achieve these objectives, but …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, I too support this amendment; I did at Second Reading. Indeed, I have added my name to the amendment but too late for it to appear on the fifth Marshalled List. The case for it could hardly be simpler or more compelling. Frankly, the illustration of the scooter …..." Lord Brown of Eaton-under-Heywood - View Speech
"My Lords, in speaking only to Amendment 80, I mention that I also support Amendment 81 in this group. Amendment 80 is the one amendment in this entire Bill that could reduce—if only by a tiny fraction—the prison population, which most of this Bill is, of course, calculated to enlarge. …..." Lord Brown of Eaton-under-Heywood - View Speech