Northern Ireland Protocol Bill

Debate between Baroness Altmann and Lord Stewart of Dirleton

Committee stage
Tuesday 25th October 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

The noble Lord promised at the very outset of Committee, when he opened the earlier debate, that this inconsistency would be pounced upon, and he has returned to the point. My answer to him is that the implementation has given rise to the difficulties we now face, and that the protocol has permitted that implementation to take place.

[Baroness Altmann (Con)]

Could I ask my noble and learned friend to amplify what it is in the way that the protocol is working that was not anticipated? The role of the European court was always enshrined in the protocol, so I am struggling to understand what has suddenly changed to require this unilateral action to get rid of the CJEU, rather than using the mechanisms within the protocol.

[Lord Stewart of Dirleton (Con)]

My Lords, the diversion of trade and the effects upon the confidence of the unionist community in their membership of the United Kingdom have given rise to the difficulties we now face.

As I was saying before dealing with that spate of interruptions from noble Lords, it has become apparent that one of the communities—I remind your Lordships of the importance of the concept of consent in the Belfast/Good Friday agreement—has recognised that the CJEU is a part of the problem, as unionist parties have cited the CJEU as a key driver of a major democratic deficit. The Bill therefore seeks to ensure that Great Britain and Northern Ireland courts will have the final say over the laws that affect their citizens. It will permit a referral mechanism to the Court of Justice of the European Union, recognising legitimate EU interests and supporting north-south trade. We consider this to be a reasonable step which places the matter in line with normal dispute resolution provisions in international treaties.

Northern Ireland Protocol Bill

Debate between Baroness Altmann and Lord Stewart of Dirleton

2nd reading
Tuesday 11th October 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, I think it would be wrong of me at this stage in the Second Reading to engage in a deeper debate. I refer the noble Lord to the terms of the legal statement issued by the Government.

On the diminution of rights which were raised among your Lordships, I return to the point raised by my noble friend Lord Moylan and indeed by other Members of your Lordships’ House from Northern Ireland: what are we to say of the diminution of rights which strips from citizens of this country the right to make laws? Must we not look to that? At present, the circumstances of Northern Ireland strip our fellow countrymen of that right.

[Baroness Altmann (Con)]

My Lords—

[Lord Stewart of Dirleton (Con)]

I will not give way at this stage.

An argument which was deployed by some of your Lordships, beginning with the noble Lord, Lord Ricketts, and continued by my noble friend Lord Northbrook, was that by these steps the Government are damaging the trust in the United Kingdom among its international partners. There is no reason why this legislation should damage trust among our international partners. The Government want to move past issues with the protocol and focus on the key global challenges, such as those emanating from the current Government of Russia. As regards this country’s standing in the world at large, people furth of this country will look to the unhesitating support offered by this country to a democratic state imperilled by an aggressive neighbour and take that as the badge and measure of this country’s approach.

Covid-19 Lockdown: Fixed Penalty Notices

Debate between Baroness Altmann and Lord Stewart of Dirleton

Thursday 14th July 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

The noble Lord asks a series of questions. If I may, I will revert to him on a couple of them. He asked about further enforcement steps by the Government; enforcement is in the hands of another arm’s-length body, the ACRO Criminal Records Office, so it is not a matter directly for the Government. He asked a very important question about whether people will receive criminal records for non-payment. Because the regulations were not marked as recordable, this will generally not be the case. In cases where people were brought on a complaint which specified an offence under these regulations and another offence which is recordable, the Covid offence may be recorded.

[Baroness Altmann (Con)]

My Lords, does my noble friend agree that it is important to uphold the rule of law? Many colleagues across the House will know that I disagreed fundamentally with the extent of the lockdowns and the extent to which they were prolonged—I would have preferred Sweden’s approach—but, given that it is the law and that we need trust in policing, the idea that someone who has broken the law at the time should suddenly be pardoned when others have paid the fine strikes me as strange. If the problem is in the courts, what other crimes will we turn a blind eye to just because the courts are overloaded?

[Lord Stewart of Dirleton (Con)]

My Lords, I respectfully agree with my noble friend. In any event, it is not within the power of the Home Office to grant an amnesty, as I said earlier. The funds ingathered from Covid are being returned to local authorities or the Government of Wales—the areas from which they were gathered—and applied to other purposes.

Northern Ireland Protocol: First Treasury Counsel

Debate between Baroness Altmann and Lord Stewart of Dirleton

Thursday 9th June 2022 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, once again, the Government are confident in their position that what they propose will not breach international law

[Baroness Altmann (Con)]

My Lords, I sympathise with my noble and learned friend the Minister, but I echo the concerns raised by my noble friend Lord Cormack and will ask a brief question. When the Prime Minister insisted that there would not need to be any checks between Northern Ireland and the rest of Great Britain on goods entering Northern Ireland, where did he expect those checks to take place?

[Lord Stewart of Dirleton (Con)]

My Lords, the intention of the Government is to restore the situation envisaged at the framing of the protocol whereby equal importance was given to east-west and to north-south transactions.

Crown Courts: Outstanding Cases

Debate between Baroness Altmann and Lord Stewart of Dirleton

Thursday 15th April 2021 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, we acknowledge that, in many cases, participation by way of remote hearings is valuable for people in such positions. None the less, we also appreciate that it is not appropriate for all such people, whether they be witnesses or complainers in cases.

[Baroness Altmann (Con)]

My Lords, I am delighted that the Nightingale courts are being expanded. Can my noble friend comment on any plans that the Government might have to extend the serving period for, or bring back, retired judges so that we can deal with the backlog more rapidly—perhaps by extending court hours—and deal with ongoing ageism in the workplace, which seems to write off older people when they are too young?

[Lord Stewart of Dirleton (Con)]

My Lords, prior to retirement, judges below the High Court are already able to have their appointments extended on an annual basis up to the age of 75 where there is a business need. After retirement, salaried judges are already able to be authorised to sit beyond the current retirement age of 70, on an ad hoc basis, up to the age of 75. We are using our fee-paid judges, as well as salaried judges who wish to sit following retirement, to ensure that we maximise judicial capacity.

In answer to the second part of my noble friend’s question, we are looking at more flexible working. Temporary Covid operating hours have been piloted at seven Crown Court sites to test whether even more could be done, and we are looking at the extension of the working day as a short-term—I emphasise “short-term”—tool and aid to managing recovery. Magistrates’ courts also sat on at least 100 additional Saturday courts per month between September and December.