Bill of Rights

Lord Garnier Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

It is always difficult to read parliamentarians’ minds; that is absolutely true. I think the noble Baroness is referring to Section 3 of the present Act, which specifically asks the court to rewrite legislation—to change what Parliament intended. That power is being repealed.

[Lord Garnier (Con)]

My Lords, I join others in welcoming my noble and learned friend to this House and to his new responsibilities as a Minister. With all due respect, I ask him to persuade his colleagues in government when advancing the cause of this particular legislation not to rely, when seeking to knock down Article 8 points, on factually inaccurate case law, such as that somebody was allowed to remain in this country because they had a relationship with a cat. Far too many of these silly examples are often used by Ministers to denigrate the European convention. It does not add to the advance of any discussion.

Can my noble and learned friend please tell me the policy reason behind why the provision in Clause 8(5)(c) describes a “qualifying child” of a person who is under threat of deportation to be someone who

“has lived in the United Kingdom for a continuous period of seven years or more”?

That suggests that a child under the age of seven who, although not a British citizen, has lived all their life in this country does not qualify as a qualifying child. That does not sound very civilised to me.

[Lord Bellamy (Con)]

If I may respectfully agree, this legislation should not be based on the kind of fairy tales which the noble and learned Lord just mentioned. As for this House, we will progress on the basis of the forensic and evidence-based analysis of the situation. I confess that, on the hoof, I am not immediately able to help him with Clause 8(5). If I may, I shall take that away and, if I am able and it is appropriate, come back to the House on the point he makes.