Queen’s Speech

Lord Faulkner of Worcester Excerpts

Thursday 13th May 2021 Lords Chamber

[Lord Rennard (LD)]

My Lords, the title of the proposed electoral integrity Bill is worthy of Newspeak from George Orwell’s Nineteen Eighty-Four. Big Brother wants to protect us from a virtually non-existent threat.

The offence of stealing someone’s vote at a polling station is extremely rare. It is possible to determine exactly how many people go to vote to find that their vote has already been claimed by somebody else. When there is such a problem, a special ballot paper, known as a tendered ballot paper and printed on different-coloured paper, is issued by the presiding officer. If the number of such ballot papers may make a difference in an election, a determination can be made as to what has happened and which votes should count. Ministers have repeatedly refused to say how many such ballot papers have been issued in recent elections. That is because the answer is virtually none.

When the Electoral Reform Society asked returning officers for such details and made freedom of information requests a few years ago, the evidence was that the offence of personation is extremely rare. The Electoral Commission reports that in all the elections held during 2019, there was only one conviction.

So why are the Government introducing a Bill requiring photo ID when there may be millions of legitimate voters who do not have it? The reason is simply that those people are disproportionately younger, poorer and from diverse ethnic backgrounds—in other words, less likely to vote Conservative. The proposals for photo ID are expensive, irrelevant and a distraction from the things that people really wanted to see. They are unworthy of a British political party that claims to believe in fair elections.

There are many Conservative parliamentarians who strongly oppose the idea of Covid passports being required to visit the pub or other places so I look forward to them joining the former Secretary of State for Brexit, David Davis, and others in opposing the principle that any form of passport should be required to vote. The Prime Minister, Boris Johnson, himself said in his Daily Telegraph column a few years ago:

“Ask to see my ID card and I’ll eat it”.


They will not be made of chocolate.

Yesterday the former Conservative leader in Scotland, Ruth Davidson, shortly to join this House, tweeted that

“there are bigger threats from agents outside our borders than from someone who forgets to take their drivers’ licence (if they have one) to a polling station.”

I feel that I cannot quite quote the unparliamentary language that she used to describe this proposal in her interview, but the word begins with the letter “b”.

If the Government wanted elections to be fairer, they would be supporting the excellent electoral integrity Bill put forward by Unlock Democracy. They would also now be enacting a measure to halt the farcical process of topping up the membership of this House by holding by-elections amongst the registered hereditary Peers.

It is with some irony that I note how the by-elections now planned for another six hereditary Peers will be conducted by the alternative vote system, just as was the recent election for our Lord Speaker. What is good enough for us should also be good enough for electing mayors and police and crime commissioners. By seeking to abolish any form of preference voting for these positions, the Government are simply setting out to make it easier for Conservatives to be elected even when most voters would prefer to have someone else.

Lastly, the Prime Minister announced yesterday that there will be a public inquiry into the Government’s handling of the Covid-19 pandemic. Two years ago, he delayed publication of the report into Russian interference in our democracy until after the general election. Is the real reason for abolishing the Fixed-term Parliaments Act so that the timing of general elections can be manipulated to avoid scrutiny of such reports during an election campaign?

Prime Ministers should not be able to play games like this. When a Prime Minister can determine the date of a general election, they are playing with loaded dice and obtain an unfair advantage for their party. In football we would never allow the winners of the Premier League to arrange the fixture programme for the following season, and we should not let a Prime Minister be able to fire the starting gun in the race for their re-election.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, I am unable to call the noble Baroness, Lady Mobarik, so I call the noble Lord, Lord, Browne of Belmont.

Counter-Terrorism and Sentencing Bill

Lord Faulkner of Worcester Excerpts

Report stage & Lords Hansard
Wednesday 3rd March 2021 Lords Chamber

There has been understandable interest in how that amended residence measure will operate in practice. I can provide reassurance in response to the question raised by the noble and learned Lord, Lord Falconer of Thoroton, that in the context of TPIMs there is no exception to Article 5 of the ECHR, the right to liberty. Instead there is an established body of case law that guides that, in practice, the residence measure placed on a TPIM subject could not ordinarily exceed 16 hours a day without breaching an individual’s right to liberty. We are clear that this measure should not and will not amount to an unlawful deprivation of the individual’s liberty. I therefore urge noble Lords also not to move this amendment.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

I have received a request from the noble Baroness, Lady Hamwee, to ask a short question.

[Baroness Hamwee (LD) [V]]

The Minister just referred to the number of hours in the day for which the restriction may apply. Why have the Government decided, assuming that the decision is positive, not to include in the Bill a total limit per day? He referred to Article 5 but would it have been more convenient for the Government, let alone TPIM subjects—the noble Lord, Lord Anderson, had a good deal to say about the problems of pursuing applications to the court—not to allow the prospect of getting caught up in proceedings challenging the total number of hours?

Divorce

Lord Faulkner of Worcester Excerpts

Wednesday 6th January 2021 Lords Chamber

[The Lord Speaker (Lord Fowler)]

Moving on to the next supplementary, I call the noble Lord, Lord Faulkner.

[Lord Faulkner of Worcester (Lab)]

My Lords, I think we are all aware that this post-Christmas period is a particularly difficult time for relationships, and the feelings of depression and anxiety among divorcees, which the noble Baroness, Lady Deech, referred to, are made worse when they are worried about whether they can afford professional or legal advice. So many decide to represent themselves in the divorce court rather than to have professional advice, sometimes with disastrous results. How do the Government intend to ensure that poorer people have access to justice, and what are they doing to relieve the huge burden of overwork for court staff which leads to phones not being answered and cases postponed?

[Lord Stewart of Dirleton (Con) [V]]

My Lords, with regard to the noble Lord’s first question, legal aid is available for private families where an applicant is a victim of, or at risk of being a victim of, domestic abuse or child abuse, and that is subject to the means and merits criteria. Legal aid is available for the purpose of obtaining urgent protection such as non-molestation orders without any up-front evidence requirements, and the Legal Aid Agency has the power to waive all financial eligibility limits so that a victim may qualify for legal aid even if their income or capital exceeds the eligibility limits. An overall contribution may be required later. Legal aid for matters out of scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is available via the exceptional case funding scheme. That is intended to ensure that legal aid is accessible in all cases where there is a risk of breach of human rights, subject to the statutory means and merits test.

Human Rights Act 1998 (Remedial) Order 2019

Lord Faulkner of Worcester Excerpts

Thursday 3rd September 2020 Grand Committee

[Lord Marks of Henley-on-Thames (LD) [V]]

My Lords—[Inaudible.]

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

I am afraid that we cannot hear you, Lord Marks. The sound quality is terrible. Can you get nearer to the microphone, perhaps?

[Lord Marks of Henley-on-Thames (LD) [V]]

I hope so. Is that any better?

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

Slightly. Let us hope that the Minister can hear you.

[Lord Marks of Henley-on-Thames (LD) [V]]

I will start again. The principal substantive point that I wish to make is that the decision in Hammerton and this remedial order highlight the importance of Article 13, which provides

“an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”

The article enshrines the principle that breaches of the convention must give rise to an effective remedy.

Furthermore, for all that the language may be dry, it is that article that ensures that the convention does not stop at declaring citizens’ human rights, to which this country is bound by international obligation, but also guarantees a remedy for the violation of those rights. Crucially, such a remedy must be available where the violation is a result of action by the state.

In the Hammerton case, the violation was of Mr Hammerton’s Article 6 right to a fair trial, including his right to legal representation when his liberty was at stake. This required a remedy to be available, which it was not pursuant to Section 9(3) of the Human Rights Act as unamended.

This is why the convention is such a powerful protection for individual citizens, because Governments may well find it undesirable and inconvenient to ensure that citizens’ rights against the state are consistently respected and enforced. As the Explanatory Memorandum puts it:

“The courts found that the applicant … had spent extra time in prison as a result of procedural errors during his committal proceedings, which were such that his rights under Article 6 … were breached. However, he was unable to obtain damages in the domestic courts … The ECtHR found that the applicant’s inability to receive damages … had led to a violation of Article 13.”


I believe that this remedial order illustrates the intelligent way in which Section 10 of the Human Rights Act operates in respecting the sovereignty of Parliament. That is achieved by its providing for the Government to give effect to decisions of the ECHR to the effect that UK legislation is incompatible with the convention, while leaving it to Parliament to make the necessary amendments to that legislation. This is a textbook example of that process in action. I do not believe that this is in any way a misuse of Section 10, and I agree with the conclusion of the noble and learned Lord, Lord Mackay, that the remedial order is appropriate. I see the point about swiftness in this case, but it seems to me that this order is nevertheless the right way to proceed.

The thoroughness and care of the Joint Committee on Human Rights was reflected in its report. First, it found that the remedial order originally proposed was too narrow, as was pointed out by the noble Baroness, Lady Warsi, and by my noble friend Lady Ludford. In paragraphs 23 and 24 of its second report, it considered how far judicial acts done in good faith may lead to a violation of other convention rights. It concluded, as the noble Baroness, Lady Massey, said, that

“such situations are difficult to foresee …and therefore do not fall within the remedial Order requirement of being ‘necessary to remove the incompatibility’.”

I stress again how important it is that the recommendations of the Joint Committee on Human Rights are given full weight by the Government, as they were in this case. I firmly believe that, in the interests of human rights, all the recommendations of that committee should be implemented unless there are extremely powerful reasons why they should not be followed.

--- Later in debate ---

Motion agreed.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, that completes the business before the Grand Committee this afternoon. I remind Members to sanitise their desks and chairs before leaving the room.

Committee adjourned at 7.06 pm.

Covid-19: Prisoners

Lord Faulkner of Worcester Excerpts

Thursday 16th July 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, we have taken considerable steps in the implementation of the recommendations in the Lammy report.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, the time allowed for this Question has elapsed. We now come to the third Oral Question.

Private International Law (Implementation of Agreements) Bill [HL]

Lord Faulkner of Worcester Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Wednesday 17th June 2020 Lords Chamber

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, a limited number of Members are here in the Chamber, respecting social distancing. If the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally wherever they are. For Members participating remotely, microphones will unmute shortly before they are to speak; please accept any on-screen prompt to unmute. Microphones will be muted after each speech. I ask noble Lords to be patient if there are any short delays as we switch between physical and remote participants. I remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.

I begin by setting out how these proceedings will work. A participants’ list for today’s proceedings has been published and is in my brief, which Members will have received. I also have lists of Members who have put their names to the amendments in each group, or expressed an interest in speaking on them. I will call Members to speak in the order listed. Members’ microphones will be muted by the broadcasters except when I call a Member to speak. Interventions during speeches or before a noble Lord sits down are not permitted and uncalled speakers will not be heard. Other than the mover of an amendment or the Minister, Members may speak only once on each group. Short questions of elucidation after the Minister’s response are permitted but discouraged; a Member wishing to ask such a question, including Members in the Chamber, must email the clerk.

Debate will take place on the lead amendment in each group only; the groupings are binding and it will not be possible to de-group an amendment for separate debate. A Member intending to press an amendment already debated to a Division should give notice in the debate. Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group.

Clause 1: Implementation of the 1996, 2005 and 2007 Hague Conventions

Amendment 1

Moved by

1: Clause 1, page 2, line 6, at end insert—
“3CA The 2000 Hague Convention to have the force of lawThe Convention on the International Protection of Adults concluded on 13 January 2000 at The Hague shall have the force of law in England and Wales, and in Northern Ireland.”

[The Deputy Speaker]

I remind noble Lords that Members other than the mover of an amendment and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press an amendment to a Division should make that clear in the debate.

[Lord Wallace of Tankerness (LD) [V]]

My Lords, the amendment follows on from my contribution at Second Reading on 17 March. I tabled an identical amendment in Committee but withdrew it from the Marshalled List, having been invited to a further meeting with the Minister, the noble and learned Lord, Lord Keen of Elie. At the outset, I express my thanks and appreciation to him, his officials and his Bill team for their constructive—and, I hope, productive —engagement with me since before Second Reading.

Basically, the purpose of the amendment is something akin to jurisdictional catch-up. It seeks to give force of law in England, Wales and Northern Ireland to the provisions of Hague Convention 35 of 13 January 2000 on the International Protection of Adults. Section 85 of and Schedule 3 to the Adults with Incapacity (Scotland) Act 2000, which I had the privilege to sponsor in the earliest days of the Scottish Parliament, paved the way for ratification of the Hague Convention by the UK Government in respect of Scotland in November 2003.

The convention is intended to give support to vulnerable adults who, by reason of impairment or insufficiency of personal faculties, need legal protection, specifically when there are interests in different international jurisdictions. For example, the convention can determine: which court has jurisdiction in relation to protective measures; the law to be applied in particular circumstances; and the establishment of central authorities, which can locate vulnerable adults, give information on the status of vulnerable persons to other authorities and facilitate mutual recognition of relevant orders.

In supporting ratification, the briefing from the Law Society of England and Wales states:

“Due to not being party to the convention, England and Wales does not have a central authority to issue the relevant certificates of authority for powers of attorney to act outside the jurisdiction. This gives rise to unnecessary difficulties in relation to the protection of overseas property and welfare by attorneys and deputies who have been appointed to protect potentially vulnerable people.”


I believe that there is a compelling case for ratification in respect of all parts of the United Kingdom. In this way, those resident in Glamorgan, Gloucester or Belfast will be on comparable terms to citizens in Glasgow or Banff in relation to recognition and enforcement of relevant court orders in 2000 convention contracting states. One might say that it would be a good example of levelling up.

Indeed, the primary legislation to give effect to the convention provisions is already in place for England and Wales through Section 63 of and Schedule 3 to the Mental Capacity Act 2005 and, in the case of Northern Ireland, through Section 283 of and Schedule 9 to the Mental Capacity (Northern Ireland) Act 2016. It would be helpful if, in his reply, the Minister could give an indication not only of the Government’s intentions but of discussions with the Northern Ireland authorities. Given that the Assembly passed the 2016 legislation, I hope that progress toward ratification for Northern Ireland can also proceed.

The long-overdue ratification of this convention would be beneficial for vulnerable adults and those who support them in England, Wales and Northern Ireland. I commend the amendment to the House and I am hopeful that the case for ratification will commend itself to the Minister. I beg to move.

--- Later in debate ---

Amendment 1 withdrawn.

[The Deputy Speaker]

We now come to the group consisting of Amendment 2. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Clause 2: Implementation of other agreements on private international law

Amendment 2

Moved by

Prisoners (Disclosure of Information About Victims) Bill

Lord Faulkner of Worcester Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 20th May 2020 Lords Chamber

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

I thank noble Lords and noble and learned Lords for their contributions to the debate in Committee —[Inaudible.]

[The Deputy Chairman of Committees (Lord Faulkner of Worcester)]

Could the noble and learned Lord, Lord Keen, please lean a little closer to the microphone?

[Lord Keen of Elie]

Yes, of course, although I do not think I could get much closer. Can you hear me?

[The Deputy Chairman of Committees]

That is better.

[Lord Keen of Elie]

Despite Amendments 1 and 3 having—[Inaudible.]

[The Deputy Chairman of Committees]

Sorry, we are still not hearing you.

[Lord Keen of Elie]

I am not sure what I can do about that. Can you hear me now?

[The Deputy Chairman of Committees]

That is better, yes.

[Lord Keen of Elie]

I believe the host has stopped the video. I will continue, if I may. Amendment 1, as indicated, would require certification by two—[Inaudible] —the application of the release provisions to the prisoner. Of course if the result of the assessment is that the prisoner is found to be suffering from irreversible memory loss, the Bill’s provisions would not apply to that prisoner. The amendment creates a requirement for medical certification in all cases where the board considered the provisions might apply before such provisions—[Inaudible]—as part of the release assessment. That of course contrasts with the Bill’s current approach, which is to allow the Parole Board as an independent—[Inaudible]—prisoner has not disclosed. So the amendment alters the subjective test that requires the board to— [Inaudible]—which they had not disclosed to, I think I quote, “reasonably suspect” that the prisoner has such information. Again, the replacement of “believe” with “reasonably suspect” would lower the threshold—[Inaudible.]

[The Deputy Chairman of Committees]

I am so sorry to the noble and learned Lord, Lord Keen, and I apologise to all noble Lords. We have to adjourn for 10 minutes while we try to sort out this technical problem. We will resume shortly after 3.25 pm.

--- Later in debate ---

[The Deputy Chairman of Committees]

My Lords, we will now resume the Committee stage of the Prisoners (Disclosure of Information About Victims) Bill, and I hope that we will hear from the noble and learned Lord, Lord Keen of Elie. Perhaps I may suggest that he starts his remarks from the top.

[Lord Keen of Elie]

I thank the Deputy Chairman of Committees and apologise to noble Lords for any inconvenience that has been caused. It is not clear what the problem was. [Inaudible.]

I was turning to look at Amendments 1 and 3, which, despite having separate effects on the Bill’s provisions, when taken together have the cumulative effect of preventing the Parole Board considering the release of any prisoner who has failed to disclose the relevant information, unless they have been certified as suffering from “irreversible memory loss”. [Inaudible.]

[The Deputy Chairman of Committees]

I apologise to the Minister but we cannot hear him properly. We will adjourn for five minutes in the hope that he will be able to dial in to speak in the debate. The Committee is adjourned until 3.34 pm.

--- Later in debate ---

[The Deputy Chairman of Committees]

My Lords, welcome back. We are on Amendment 1 of the Prisoners (Disclosure of Information About Victims) Bill. I hope we will now hear from the Minister, the noble and learned Lord, Lord Keen of Elie.

[Lord Keen of Elie]

I thank noble Lords for their patience. I now turn to consider Amendments 1 and 3, tabled by my noble friend Lord Blencathra. Although they have separate effects on the Bill’s provisions, when taken together, the two amendments have the cumulative effect of preventing the Parole Board considering the release of any prisoner who has failed to disclose the relevant information, unless they have been certified as suffering from “irreversible memory loss”.

Amendment 1 creates a requirement for medical certification in all cases in which the board considers that the provisions might apply to a prisoner, before such provisions would apply as part of the release assessment. This contrasts with the Bill’s current approach which is to allow the Parole Board, as an independent expert body, to form its own belief as to whether a prisoner has the necessary information regarding a victim’s remains, which that prisoner has not disclosed.

In addition, the amendment alters the subjective test that requires the board to believe that a prisoner has information regarding a victim’s remains which they have not disclosed to a test that it “reasonably suspects” that the prisoner has such information. That would lower the threshold of the evidential standard required by the board to satisfy itself.

Of course, mental impairment, including irreversible memory loss, may well be a reason for such non-disclosure, and I fully expect the Parole Board to consider these issues after consultation with medical and other experts, as it does now. In these circumstances, I see no need for a prior medical assessment to take place, which may be unnecessary and which would unjustifiably fetter the board’s subsequent handling of such cases.

Furthermore, the reference to reasonableness here is, I suggest, unnecessary. As a public authority, the board is already obliged to act reasonably, and to prescribe this in the Bill may undermine these existing general law principles. I do not consider that to be the appropriate approach in this instance.

Turning briefly to Amendment 3, which would deny release to any prisoner who failed to disclose the information under consideration in this Bill, unless they were suffering from irretrievable memory loss, as set out in the preceding amendment, it raises very real difficulties. Parole Board consideration of the case would cease until the prisoner disclosed the relevant information or the medical evidence changed. Precluding release on such grounds may very well give rise to a challenge under Article 5 of the European Convention on Human Rights, as once a prisoner has served their minimum tariff, and is found no longer to pose a risk to the public, continuing detention would be regarded as arbitrary for the purposes of Article 5. I will come back to elaborate upon that in a moment.

In addition, as was touched upon by my noble and learned friend Lord Mackay of Clashfern, a failure to disclose relevant information may not be solely due to memory loss but, alternatively, may be due to mental impairment or mental ill-health, or could be a consequence of genuine changes, for example in geography, which meant the location of a body could no longer be identified. Furthermore, creating a blanket ban on release may even create an incentive for offenders to lie about the location of a body. In these circumstances, I encourage noble Lords to consider very carefully what the Bill currently enables the Board to do, which is to investigate these issues and to come to a subjective view in this context.

I will now touch upon a number of points raised. The noble Lord, Lord Blunkett, alluded to the question of the Home Secretary’s former power to block release. I just note that the Lord Chancellor and Justice Secretary does have the power now to review a decision of the Parole Board, and has exercised that power.

With regards to the points raised by the noble Lord, Lord Adonis, in the context of the sentences that we are looking at—that is, life sentences and certain extended sentences—there are two elements to the sentence: the punitive element and the preventive element. The punitive element is essentially the tariff which is set by the court at the time of sentencing, or the minimum period within the life sentence that the accused or convicted person is going to have to spend in custody. That will have regard to a number of factors including, for example, the non-disclosure of the whereabouts of a victim.

The preventive element is addressed by the Parole Board, and not by the court. As my noble and learned friend Lord Mackay of Clashfern observed, the test there is whether it is no longer necessary for the protection of the public that the prisoner should be detained. An element for consideration at that point is whether a failure to disclose the whereabouts of a victim or victims would indicate a continuing threat to the public in that context. To have an absolute bar on the prisoner being released, on the grounds of non-disclosure, would not fit with the appropriate test which has to be applied by the Parole Board at the preventive stage. I reiterate that this would take us into territory where the whole process could potentially be challenged under Article 5 of the convention. It would be extremely unwise for us to legislate on such an issue in circumstances where we left that legislation open to future challenge from the court. That is hardly going to bring any comfort to the families of victims and others.

In these circumstances, I do not consider that it would be appropriate to go down the road suggested by my noble friend Lord Blencathra. I would add only that I concur with the observations made by my noble and learned friend Lord Mackay on the matter of a further criminal offence of non-disclosure. As I indicated before, there is a common law offence of not disclosing the whereabouts of a body, but even if one was to be convicted of that, in the context of a life sentence having already been imposed, there would be another concurrent sentence and that could only lead to a degree of confusion. That is putting aside for the moment the very real difficulty that was identified by my noble and learned friend Lord Mackay of two juries coming to quite different conclusions on the evidence in related trials.

In all of these circumstances, I would invite my noble friend to withdraw the amendment.

[The Deputy Chairman of Committees]

I have had notification that the noble Lord, Lord Adonis, wishes to speak after the Minister.

[Lord Adonis]

No, I simply wished to observe that we could not hear a word that the Minister was saying the first time around, but he was extremely clear the second time and I thought he gave a very effective response.

[The Deputy Chairman of Committees]

In that case, I call the noble Lord, Lord Blencathra, to reply to the debate.

[Lord Blencathra]

My Lords, I thank my noble and learned friend for his response and I am grateful to all noble Lords who have contributed. I shall try to comment briefly on all the points raised. I cannot say that I am disappointed with my noble and learned friend’s reply, since I had no expectation that our Ministry of Justice would countenance the radical proposal that some convicts not deserving of leniency should stay locked up.

Consideration for early release is not a fundamental right; it should be earned by a whole range of factors. Some of these may be subjective and judgmental, such as reports on the convict’s behaviour in prison, his attempts at learning a skill or trade, anger management and so on. Others, I believe, should be a simple statutory bar that removes any discretion from the Parole Board. One would be that a convict who admits that he killed a person but refuses to admit that it was wrong should not be considered for release until he is willing to make that admission. The other case, in my opinion, is the one before us today: no one should be considered for release if he has not given details of how and where he disposed of the bodies of his victims, with the exception for the minority who have genuine memory loss.

My noble and learned friend said that if a prisoner lies about the location of the body and it turns out to be false, he forfeits his right to consideration for early release. I am not suggesting that we take the prisoner at his word; we would not be so naive as to say, “Okay, you’ll get early release; you’ve told us where the body is”, and then a few weeks later discover that he has lied about it—of course not. Nor do I accept that a bar on early release would necessarily be in contravention of Article 5 of the treaty. My noble and learned friend said that it could—I think these were his words—“potentially put us in that territory”. That is far from certain.

I am grateful to the noble Lord, Lord Blunkett, who spoke with considerable authority on this matter. If my arguments are not convincing, I hope that the House will in due course listen to him. I was also moved by what the noble Lord, Lord Mann, said. He, too, had experience of the pain of the families of the Moors murder victims, who were deprived of closure because the killers kept that power. He stressed the word “power”, which is a very good term. If a prisoner can still be eligible for parole and not divulge information about the bodies, he retains that power over the relatives, the victims and the Parole Board.

I am grateful to my noble and learned friend Lord Garnier for his kind and typically overgenerous comments and, as usual, his very thoughtful and learned contribution. I hope that the Government will explore his idea of a proper court hearing to decide on disclosure, despite what my noble and learned friends the Advocate-General and Lord Mackay of Clashfern said. I take the point that my two doctors suggestion is another attempt to get some certainty when a prisoner may not be able to recall. I accept that getting certainty may be difficult for a wide variety of reasons, as my noble and learned friend Lord Mackay of Clashfern highlighted. However, I hope that he would agree with me that, where a prisoner considered to have memory recall simply refuses to divulge information, parole should not be considered in any circumstance. That is a quite different matter from a prisoner who is unable to recall, however that is determined.

--- Later in debate ---

Amendment 1 withdrawn.

[The Deputy Chairman of Committees]

We now start the group beginning with Amendment 2. I remind noble Lords that if they wish to speak after the Minister, they should email the clerk during the debate. It would be helpful if any noble Lord intending to say “Not content” when the question is put could make that clear in the debate. It takes unanimity to amend a Bill in this Committee. The Committee cannot divide.

Amendment 2

Moved by

Private International Law (Implementation of Agreements) Bill [HL]

Lord Faulkner of Worcester Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 13th May 2020 Lords Chamber

The proceedings were conducted in a Virtual Committee via video call.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, this Virtual Committee will now begin. I remind Members that these proceedings are subject to parliamentary privilege and what we say is available to the public both in Hansard and to those listening and watching.

I shall begin by setting out how these proceedings will work. This Virtual Committee will operate as far as possible like a Grand Committee. A participants’ list for today’s proceedings has been published. I also have lists of Members who have put their names to the amendments, or expressed an interest in speaking, in each group. I will call Members to speak in the order listed in my brief, which Members should have received. Members’ microphones will be muted by the broadcasters except when I call a Member to speak and whenever a Question is put, so interventions during speeches are not possible and uncalled speakers will not be heard.

During the debate on each group I will invite Members to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request and will call the Minister to reply each time. Debate will take place on the lead amendment in each group only; the groupings are binding and it will not be possible to degroup an amendment for separate debate. Leave should be given to withdraw amendments. Whenever I put the Question, all Members’ microphones will be opened until I give the result. Members should be aware that any sound made at that point may be broadcast. If a Member intends to say “Not content” to an amendment, it will greatly assist the Chair if they make this clear when speaking on the group. As in Grand Committee, it takes unanimity to amend the Bill, so if a single voice says “Not content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part.

I shall now put the Question that Clause 1 stand part of the Bill. All microphones will be open until I give the result.

Clause 1 agreed.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 1. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” when the Question is put made that clear in debate. It takes unanimity to amend the Bill in this Committee; this Committee cannot divide.

Clause 2: Implementation of other agreements on private international law

Amendment 1

Moved by

--- Later in debate ---

[Baroness McIntosh of Pickering (Con)]

My Lords, I am sympathetic to the context set out so eloquently by the noble and learned Lord, Lord Falconer of Thoroton, and supported by the noble Lord, Lord Pannick.

At the outset, I seek clarification on a question similar to that put by the noble Lord, Lord Pannick. As the Deputy Speaker set out, it appears that we can debate only those amendments that form the first amendment of each group and that we are unable to have clause stand part debates. If my understanding is correct, does that mean that we cannot debate and subsequently vote on a clause stand part debate, as the thrust of Amendment 1 seemingly seeks the ability to do? It would be helpful to have that clarification.

As has been expressed so far, it appears that the purpose behind Clause 2 relates to the Lugano convention. Does it have implications for the Brussels II recast, if not also for the Brussels I recast convention? I entirely endorse the comments that have already been made about the importance of the Lugano convention, particularly to those in the UK who wish to obtain judgments and orders in the UK but also to those across the EU 27. This gives individual citizens and businesses the right to make concrete their desire to ensure that judgments obtained anywhere in Europe will remain readily enforceable in the UK and the EU 27. It facilitates trade and a level playing field and affects inward investment in the whole of Europe. It avoids competing jurisdictions, which I think we all want to avoid, and is central to protecting workers’ rights and consumer protection under insurance policies, which I hope we are all signed up to.

I have some short questions for my noble and learned friend in the context of Amendment 1 and the original Clause 2. What steps is he taking to enforce the terms that are similar to the Brussels II recast convention to give them effect? Have they been set in motion? What stage are we at with the EU 27 regarding matrimonial matters?

I understand, as set out by the noble and learned Lord, Lord Falconer of Thoroton, that we are leaving agreement to join the Lugano convention until the 11th hour of the 11th day—literally right on the deadline of our leaving the European Union and terminating the transitional arrangements. Why are we leaving it so late in the day? Have soundings already been taken as to the likelihood of the EU and EFTA member states agreeing our application to join the Lugano convention, for the reasons given by the noble Lord, Lord Pannick, and the noble and learned Lord? On balance, I would say that Lugano was a good thing to join.

Do the original Clause 2 and the Bill as currently drafted intend to give effect to not just the Lugano convention but the Brussels II recast convention? Can my noble and learned friend confirm my understanding that we would not in any way be conferring jurisdiction on the Court of Justice of the European Union but only giving weight to the relevant decisions, as we are currently obliged to do under the Vienna Convention on the Law of Treaties and common law?

[The Deputy Chairman of Committees]

It may help the noble Baroness if I answer the procedural question she put at the beginning of her speech. It is possible for the Virtual Committee to debate every clause stand part question—indeed, each clause has to be stood part in this procedure—but it is not possible to vote on that at this stage. If that will be required at a later stage, voting can take place. I hope that she finds that helpful.

[Lord Anderson of Ipswich (CB)]

My Lords, as I understand it, the amendments in this group have two aims: to curb the overbroad power to implement relevant international agreements by regulation, and to signal in primary legislation that there is no objection to giving the force of law to the Lugano convention. I support the first, which is furthered by other groups of amendments, and am sympathetic to the second. However, for the reasons given by my noble and learned friend Lord Mance at Second Reading on the interrelationship between Lugano and the 2019 Hague Convention, there seems to be a question of whether we should sign up immediately to Lugano, even if the EU gives its consent, which is perhaps not a given. I would welcome the Minister’s considered comments on that.

It was good to hear the Minister say at Second Reading that the United Kingdom, should we become a party to Lugano, could drive for its amendment so as to incorporate into it the material improvements that as an EU member state we did so much to help deliver in the form of the recast Brussels regulation. Speaking as a practitioner—I declare an interest as a practising barrister—and as a former member of the EU Justice Sub-Committee, with some awareness in both capacities of the defects of the Lugano convention, I suggest that we not only could do so but should do so.

Covid-19: Prisons and Offender Rehabilitation

Lord Faulkner of Worcester Excerpts

Thursday 23rd April 2020 Lords Chamber

[Lord Faulkner of Worcester (Lab)]

My Lords, we have been told that life in Britain will be different once the Covid-19 emergency is over. I hope that one change will be in the approach that we adopt towards Britain’s prisons and the men and women who are held there.

The Prison Service has struggled to contain overcrowding for at least the last 50 years. Measures to reduce the prison population have been discussed continuously during that time. Governments have sometimes expressed themselves as being in favour, but far too little has been done to bring that about. The Crime, Justice and Protecting the Public White Paper in 1990, as the noble and learned Lord, Lord Woolf, will remember, described prisons as an,

“expensive way of making bad people worse.”

Noble Lords will rightly recoil from the idea of executive release to cancel the effect of a sentence lawfully imposed by the court. However, we now have a situation when a prison sentence carries with it a real risk to the life of a prisoner or of prison staff because of the conditions inside the jails, in half of which the coronavirus is present.

There has always been a time when prisoners have died in prison—for some time now, there have been over 300 prisoner deaths a year, a third of them by their own hand—but we have to go back to the time of the great 18th-century prison reformer John Howard, after whom the Howard League is named and who was referred to by the noble Lord, Lord Naseby, to find dangers similar to those that we have today because of Covid-19.

In preparing for this debate, I spoke to someone who works at Her Majesty’s Prison Hewell in Worcestershire, described last year by HMIP as “squalid, demeaning and depressing”. As far as spreading the coronavirus is concerned, he said that the prison was as dangerous as a cruise ship—worse in many ways, as the cells are smaller than a typical ship’s cabin.

As so many other countries have decided, and as many of your Lordships have said in this debate, the release of prisoners has now become a matter not just of compassion and humanity but of practical necessity to save lives.

[The Senior Deputy Speaker]

I call the noble Lord, Lord Balfe, who I believe has now unmuted his microphone.

Criminal Justice System: Women

Lord Faulkner of Worcester Excerpts

Thursday 25th July 2019 Lords Chamber

[Lord Taylor of Holbeach (Con)]

Well, my Lords, that is enough of that: let us go off on recess. I beg to move that the House do now adjourn.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, before I put the Question, I too wish your Lordships, especially the Government Chief Whip, and all our staff a very happy Summer Recess. I take this opportunity to wish Mr Evans a very happy retirement as well.

Motion agreed.