European Union (Referendum) Bill

Debate between Lord Elystan-Morgan and Baroness Butler-Sloss

Friday 24th January 2014 Lords Chamber

[Lord Elystan-Morgan (CB)]

My Lords, the issue immediately before the House is very direct and very simple. It is a choice between the version of wording for the referendum preferred by the Electoral Commission or the one that is contained in the draft. Even if the Electoral Commission had in no way opined on this matter, I would urge the House to accept the version that is in the amendment, for two reasons.

First, it is founded on a factual matrix; in other words, the fact of our current membership of the European Union. Secondly, it shows clearly and concisely what the effect of a negative vote would be. Nothing could be fairer and I suspect that almost any intelligent schoolboy or schoolgirl in this land would say, “Yes, that version is preferable in so far as it is more likely to lead to a clear, understandable and final result in this matter”.

In addition, of course, there is the question of parentage. It comes from the Electoral Commission. It therefore has a quasi-judicial status—I appreciate that one is extending that somewhat but it is a neutral status of high standing. That, I think, makes it all the more obvious that not only would justice be done but would be manifestly seen to be done.

Turning for a moment to the noble Lord, Lord Forsyth, and the noble and learned Lord, Lord Mackay, there is no such animal in the constitutional field as an unamendable Bill so far as this House is concerned. There can be no question at all about that. The argument that is put forward is this: were the House of Lords to intervene, it would do so at its peril. Some persons use that in a blackmailing way—I absolve completely the noble Lord, Lord Forsyth, and the noble and learned Lord, Lord Mackay, from such an argument, but certain persons put it forward in terrorem. Whether it be in terrorem or as a completely neutral commentary on the situation, of the two circumstances, I would rather belong to a House that risks its own end by doing that which is right and proper than to run away from what is a clear responsibility and right in this matter.

[Baroness Butler-Sloss]

My Lords, there is a very short and simple answer: because almost everybody in this House so far has supported the amendment of the noble Lord, Lord Armstrong, why on earth does not the mover of the Bill accept this amendment? There is no problem in the Commons.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Elystan-Morgan and Baroness Butler-Sloss

Tuesday 20th December 2011 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I share with the noble Lord, Lord Phillips of Sudbury, the commendation of the Government for putting in the extraordinarily interesting and, I think, very valuable subsection (3) in Clause 1. It is excellent. The only thing that I do not understand is why the word is “may” and not “must”. One starts by knowing that whatever happens in the latter part of this Bill, we are bound to have a situation where the Government will have less money to put into legal aid. As the noble Lord, Lord Howarth, has pointed out, consequently, more people will have to deal with their own cases.

It is very important that there should be an obligation, rather than just the opportunity, for the Lord Chancellor or the Ministry of Justice to have some imaginative ideas to help people who are going to have to do their own cases. The word “must” should be in the Bill. I am somewhat surprised that the Government, having gone so far with this imaginative idea, did not think that it was necessary to make it compulsory.

[Lord Elystan-Morgan]

My Lords, I support the amendment and congratulate the Government on their imaginative development in relation to this matter, but I too accept that it should be mandatory rather than discretionary. As the noble Lord, Lord Howarth of Newport, mentioned, there is the problem of the unrepresented defendant—the bane of every judge’s life, particularly, if I may say so, that of the circuit judge. Often one found in a perhaps not uncomplicated situation two unrepresented defendants. One would have to spell out to them with bullet points essentially what the civil law is. One would then have to explain that if the claimant could on a balance of probability establish the case, he or she would succeed. If not, the other side, the defendant, would triumph.

However, it is not really the unrepresented defendant, complicated though the situation is, that this matter deals with, but the person who has not made a claim at all and will possibly never make a claim. I think it must have been around 10 years ago that I saw a memorandum from the Law Society. It had conducted a comprehensive survey across the country and found that around 30 per cent of straightforward industrial claims which had every prospect of success were, for some reason or another, never pursued. That is the essential community that this piece of legislation is aimed at. Therefore I commend the Government on their imagination, but to my mind there is no earthly reason why it should not be mandatory rather than discretionary.