Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020

Baroness Anelay of St Johns Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness Anelay of St Johns (Con) [V]]

My Lords, I support the making of the order, but I have a couple of questions for my noble and learned friend the Minister for clarification.

We are advised in the Explanatory Memorandum that it is reasonably common for larger cases heard by the Competition Appeal Tribunal to attract 100 or more attendees, including multiple parties to the appeal as well as members of the public and journalists. It is welcome, therefore, that the statutory instrument ensures that the tribunal will be able to revert to its usual practice of allowing public access to proceedings, rather than operating on a closed basis of remote hearings using video-link arrangements. Can my noble and learned friend say how this new system differs from the cloud video platform which is being rolled out by Her Majesty’s Courts & Tribunals Service to all Crown Courts in England and Wales, and why it is considered superior to that?

Articles 5 to 7 of the regulations make provision about when recording is to be permitted in the Competition Appeal Tribunal. Who will actually decide the terms of the contract with the broadcaster? Will it be BEIS, as the parent government department, or the tribunal itself? Will those terms ensure that the system is guaranteed to be available at a time required by the tribunal and for a period of time determined by the tribunal chair?

I ask because of the difficulties faced by this House, on occasion, with the availability of the broadcast system through which the public can see our work. The broadcasters are working very hard indeed to ensure that our proceedings are both seen and heard. However, our system has shown how vital it is to ensure that contracts provide for open-ended access to broadcasting.

Monday’s proceedings on the Business and Planning Bill are a case in point. The House had expected to sit until 9.30 pm but was permitted to go beyond that time. By 10.30 pm, we had still not reached the halfway point in the groups of amendments to be debated that day, but the broadcast period was abruptly suspended in the middle of somebody’s speech because the time permitted under the agreement with the broadcasters had expired. It meant that the rest of the debate was postponed to yesterday, and therefore reduced the amount of time available for the Agriculture Bill. As an ex-Chief Whip, my sympathy clearly lies with the current Chief Whip, who is trying his best to ensure that legislation gets debated but can also be passed in time.

Paragraph 10.1 of the Explanatory Memorandum states that there has not been

“any formal consultation in light of the urgency with which it needed to be made and its temporary nature”.

That is entirely understandable. However, does my noble and learned friend think that it would be right to discuss with the tribunal whether it might be useful to convene its user group, after three months or so, to hear from it about the efficacy of the system? The tribunal’s website states:

“The User Group meets twice a year to discuss points relating to the practical operation of the Tribunal.”


However, it does not appear to have met since October 2016. I hope that that is merely a reflection of a failure to update the website and the minutes on it, rather than a reflection of the tribunal’s failure to convene members of the group for well over three years.

I look forward to the responses of my noble and learned friend.

Crown Court (Recording and Broadcasting) Order 2020

Baroness Anelay of St Johns Excerpts

Monday 8th June 2020 Lords Chamber

[Baroness Anelay of St Johns (Con) [V]]

My Lords, I support the making of both orders but shall speak only to the Crown Court order. My only reservation is that it may be too limited in its scope to meet effectively the stated objective of increasing transparency in our judicial system and public engagement with, and understanding of, what happens in our courts.

It has taken a long time to reach this modest stage. I well remember the consultation carried out by the Labour Government in 2005. At that stage I had been a magistrate and was the Opposition spokesperson on home affairs and, from time to time, matters covered by the Department for Constitutional Affairs.

The Crown Court order will authorise only certain judges sitting in the Crown Court to permit the recording and broadcasting of their sentencing remarks. The judges will be High Court judges, senior circuit judges who are also the resident judge of a Crown Court centre, or a senior circuit judge whose base court is the Central Criminal Court. All circuit judges have a base court but may sit at other courts. The permanent judges based at the Central Criminal Court are senior circuit judges, but other non-senior circuit judges may be requested to sit there from time to time. Those other judges will be excluded from the provisions of this order.

High Court judges and senior circuit judges preside over trials of class 1 offences, which include murder, attempted murder, rape and other serious sexual offences, but other circuit judges may be authorised to try some of these offences too. On occasion, Crown Court judges are criticised by the police—sorry, by the public—and the press for the perceived inadequacy of their sentences. Perhaps my slip of the tongue may be true as well, judging by the source of some criticism. Sentences in certain types of offence, in particular, often attract a public outcry or criticism: for example, not only those given for serious sexual offences such as rape but for other sexual offences too. Some serious sexual offences are tried before non-senior circuit judges or, indeed, as mentioned earlier today, before recorders. Sentences in such cases will be excluded from the provisions of this order. For clarity, I do not refer to the honorary recorders of major city Crown Courts who are senior circuit judges—for example, Liverpool, Manchester and Leeds, to name but a few.

Other sentences that attract a lot of public attention, and sometimes a strong emotional response leading to open criticism, are those for causing death by dangerous or careless driving. These offences are frequently tried before non-senior circuit judges or, again, on occasion before recorders. These sentences, too, would be excluded under the provisions of this order. There would be considerable benefit to the judiciary and the public if the reasons for such sentences could be recorded and broadcast. It would promote even better transparency and enable the public to have a better understanding of the judge’s reasoning and all the factors taken into consideration.

Accordingly, while I welcome the Crown Court order, I hope that my noble and learned friend the Minister may be able to reassure me that the provisions of this order are just a first step—more than just the putting of the tip of a toe in the water; I want to see the whole foot and more in there—and that these measures may be extended in due course to the decisions of a wider category of judges.

Queen’s Speech

Baroness Anelay of St Johns Excerpts

Monday 21st October 2019 Lords Chamber

Moved on Monday 14 October by

[Baroness Anelay of St Johns]

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

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

My Lords, it is a privilege to open this day of debate on Her Majesty’s most gracious Speech.

The focus of today’s debate is home affairs, justice, constitutional affairs, devolved affairs and local government. The debate will enable us to explore some of the key themes of the gracious Speech, including laying the foundations for a fair, modern and global immigration system by seizing the opportunities of Brexit, doing more to redress the balance in the criminal justice system, and ensuring that victims receive the support they need and the justice they deserve. Both my noble friend Lady Williams and I look forward to hearing noble Lords’ contributions, given the wealth of experience represented on all sides of the House.

The Government are committed to making neighbourhoods safer and to ensuring that punishments fit the crime. People across the country are, rightly, appalled at the rise in violent crime. For that reason, the gracious Speech included a commitment to introduce legislation to ensure that the most serious violent and sexual offenders spend more time in prison, to match the severity of their crimes. The Government will also seek to strengthen community orders so that they deliver an appropriate level of punishment, address offenders’ behaviour, support people in addressing the potential underlying causes of their offending and provide reparation for the benefit of the wider community.

As well as getting tougher on criminals, the Government are determined to ensure that victims receive the support they need and the justice they deserve. To do that, we are accelerating plans to enshrine in legislation the rights to which victims are entitled, as set out in the victims’ code. We will publish the revised code in early 2020. We recognise that rights are meaningless without the means to enforce them. We want to legislate to ensure that victims understand the minimal level of service they can expect from criminal justice agencies and to increase the powers of the Victims’ Commissioner, who is already a powerful voice for victims. The Government will legislate for the new victims’ law to be consulted on early in the new year. These changes will ensure that victims of crime receive the very best support as well as the information they need at every stage of the criminal justice system.

For the families of murder victims there can be many unanswered questions. No one should endure the anguish of having a loved one murdered and then be denied the dignity of giving them a final resting place. That is why the Government have brought forward legislation to make sure that the Parole Board must take into account an offender’s failure to disclose the location of their victim’s remains. This legislation also addresses another situation where a failure to disclose information about victims causes particular distress: where offenders fail to disclose the identities of children who are the subject of indecent images. The Parole Board will similarly be required to take into account any failure to disclose the identity of victims when assessing offenders’ suitability for release.

Marriage will always be a vital aspect of our society and it is sad for those involved when a marriage fails, but when people take the decision to divorce, the legal process currently incentivises one spouse at the outset to make allegations about the other’s conduct to avoid otherwise waiting for at least two years of separation. The new process will remove the requirement to evidence a fact to prove that the marriage has broken down irretrievably. In the gracious Speech the Government reaffirmed their commitment to reform the current legal process, which can be especially damaging to any children of the relationship. As well as removing the conflict flashpoints inherent within the current legal process, the Bill will introduce a minimum timeframe for it. This will allow for greater reflection on the decision to divorce and for couples to approach arrangements for the future as constructively and co-operatively as possible.

Domestic abuse shatters lives and tears families apart. It is estimated that in the year ending March 2018, some 2 million adults between the ages of 16 and 59 experienced domestic abuse. The Domestic Abuse Bill and wider action plan will help to ensure that victims have the confidence to come forward and report their experiences, safe in the knowledge that the justice system and other agencies will do everything they can both to protect and support them and their children and to pursue their abusers. We need a society in which there is zero tolerance when it come to domestic abuse and which empowers people to confront it. This Bill will be a step towards doing that.

The Government are determined to seize the opportunities of Brexit and bring an end to free movement to ensure that the UK can deliver a new points-based immigration system which will prioritise people’s skills and contributions to our society. For years, politicians have promised the public an Australian-style points-based system. We will actually deliver on those promises. We also remain committed to ensuring that resident European citizens, people who are our friends, neighbours and colleagues, and who have built their lives here and contributed so much to this country, have the right to remain.

After Brexit, the Government will take forward measures to provide certainty and stability to ensure that the UK is a world leader in private international law. We will ensure that we can continue to have clear and effective legal rules in place for resolving cross-border disputes. For example, if a UK citizen is divorcing and seeking child maintenance payments from another parent living abroad, we will have an agreed international mechanism for resolving this. If a UK business is contesting a contract with an overseas party, an international framework will be available for resolving it. The availability of agreed international rules will give UK businesses, citizens and families the confidence to work, live and trade across borders and will help the UK to flourish as a trading nation as we leave the European Union.

I know that the House will want to join me in paying tribute to the brave police officers up and down the country who do so much to keep us safe. The tragic killing of Police Constable Andrew Harper this summer starkly illustrated how police officers put their lives on the line and sacrifice time and again to help others. In July, the Government committed to the recruitment of 20,000 police officers over the next three years. It is now only right that we give all police officers the protections they need to keep the population safe. That is why we are putting our commitment to a police covenant on a statutory footing. We will also introduce measures to strengthen the legal protection given to police drivers when pursuing a subject or responding to an emergency. This will ensure that the police have the protections they need to continue their vital work.

As well as further protections for our police officers, we will invest them with the power to arrest individuals wanted by trusted international partners. As it stands, people wanted for serious crimes by countries outside the EU cannot be arrested if the police come across them on the streets of the United Kingdom. This Bill is about making clear that, where a person is wanted for a serious crime in a country such as Canada or America and may be a danger to the public, we will get them off our streets faster and in front of a judge within 24 hours to allow extradition proceedings to commence.

We will also introduce measures to improve the justice system’s response to foreign nationals who abuse the system by committing crimes. Anyone coming to our country seeking to do so should be in no doubt of our determination to deport them. The Government are already working hard to improve the efficient and effective removal of foreign-national offenders from the UK, but tougher action is needed to stop abuse of the system, speed up the process for deporting foreign-national offenders and deter foreign criminals from coming to the UK. This Bill will significantly increase—from six months to five years—the maximum penalty for those who return to the UK in breach of a deportation order. This will send a clear message to criminals who seek to return to the UK in breach of the law: if you return, you will go to prison for a long time.

This Government have always been clear that we will tackle serious violence and make our streets safer. That is why, together with strong law enforcement, we are determined to stop young people being drawn into crime. We need to understand and address the factors that cause someone to commit violent crime in the first place. The new legal duty we will deliver will ensure that all agencies work together to share intelligence and identify warning signs so that we can intervene earlier, protect young people and prevent and reduce serious violence in local areas.

Nothing is more important than ensuring that people are safe in their homes. This Government will legislate to put in place new and modernised regulatory regimes for building safety and construction products, and ensure that residents have a stronger voice in the system.

One of this Government’s key priorities is the integrity and prosperity of the union that binds the four nations of the United Kingdom. We will continue to work with all parties in Northern Ireland to support the return of devolved government and to address the legacy of the past. We want to unleash the potential of every corner of England, Wales, Scotland and Northern Ireland by bridging the productivity gap, levelling up opportunity and prosperity across the nation and starting an infrastructure revolution.

As set out in the gracious Speech, the Government will bring forward our offer on devolution in England and a White Paper, along with refreshed strategies for the northern powerhouse, the Midlands engine and the UK shared prosperity fund. We are committed to invest in every area of the UK to boost jobs, productivity and living standards and, once the United Kingdom leaves the European Union, we will have a unique opportunity to devolve and empower regions across the country.

The measures outlined in the gracious Speech set out a clear direction for the future of Britain: a country with safer streets where punishments fit crimes but criminals are supported to overcome the causes of their behaviour; one where victims are supported throughout the justice process and after, so that they can move on and rebuild their lives; a society that values marriage but accepts the modern realities of divorce and has no tolerance when it comes to domestic abuse; one that gives the most legal protection possible to brave police officers who risk life and limb to keep us safe; a nation that values immigration and has enough control of its borders to welcome the skills it really needs and reject foreign criminals from our shores; one that addresses serious violence at its root causes to keep our young people safe from harm; a United Kingdom where every constituent part and region has the necessary political will, the right infrastructure and the ability to make decisions in its own best interest; one where opportunity is levelled up and every single person can thrive. Over the coming weeks and months, I look forward to debating with your Lordships the many measures that I have outlined today.

Queen’s Speech

Baroness Anelay of St Johns Excerpts

Wednesday 28th June 2017 Lords Chamber

[Lord Forsyth of Drumlean]

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

[The Minister of State, Department for Exiting the European Union (Baroness Anelay of St Johns) (Con)]

My Lords, it is a privilege to open this debate on Her Majesty’s gracious Speech. It is also a privilege to be addressing the House for the first time since I was appointed as Minister of State at the Department for Exiting the EU. I follow in the footsteps of my noble friend Lord Bridges, to whom I pay tribute for his unstinting work not only in the department but here in this House. I also pay tribute to officials in the FCO and in my new department of DExEU for the support they provide, because a Minister can only be as good as the team behind them. I have certainly been helped by people who could play in the premier division in any country in the world.

Today we are debating a programme of legislation put forward by the Government for the United Kingdom’s exit from the European Union. Before I start, I will put on the record how much I value the diversity of views that noble Lords bring to such debates. Clearly, we shall witness some of that diversity today. It strengthens the whole process of our legislative scrutiny.

It was just over one year ago when the British people voted to leave the EU. At the general election, 11 months after that instruction was received, the two main parties, both of which are committed to leaving the EU, received more than four-fifths of the popular vote. This shows the support among the great majority of British people that we should accept the referendum result and leave the EU. The Government are respecting the instruction of the electorate and delivering in the national interest. I shall listen with interest to the noble Lord, Lord Armstrong, when presents his views, because clearly they do not quite fit, I would say, with ours.

We are now building a future relationship with the EU that works in the national interest. This process is one of the biggest issues facing the Government in a generation. Her Majesty’s gracious Speech has outlined vital legislation to deliver a smooth and orderly exit from the EU, and we are debating that today. This will enable the UK to have more say over how we manage our affairs and forge new trading relationships with European partners and others across the world.

Last week, the Secretary of State for Exiting the European Union started the negotiations on the withdrawal of the UK from the European Union under the Article 50 process. The noble Baroness, Lady Hayter, has tabled an amendment to today’s Motion that focuses on the negotiations. She will see from what I say today that we have much in common on the economy, security, securing tariff-free and barrier-free trade and protecting rights.

Where we diverge from the Labour Party is that we have been clear about the mechanisms through which we want to secure our current markets and open up to new ones. We want a deep and special partnership that should be underpinned by ambitious agreements on free trade and customs, covering goods and services and seeking the greatest possible tariff-free and barrier-free trade. So far the Labour Party has not been quite as clear about whether it wishes to leave the customs union or the single market, which are the basic questions in this debate. I look forward to listening to her shortly.

We have also been clear that we cannot accept a deal that punishes the UK. Any good negotiator knows that you cannot go into a negotiation saying that you will accept any deal at all. There will be a long road ahead, but the destination we are seeking is clear: a new deep and special partnership with the EU, one that enables prosperity for both the UK and the EU while protecting the rights of citizens and giving certainty to businesses as early as possible. That new partnership will of course look, feel and be different from membership of the EU. We understand and respect the EU’s position that the four freedoms of the single market are indivisible.

However, we intend that through our future relationship with Europe our close co-operation on economic and security matters will continue. That is why we are seeking ambitious agreements on free trade and customs covering goods and services, and seeking the greatest possible tariff-free and barrier-free trade. It is why we will continue to work with our European partners to fight terrorism and uphold justice across Europe. Recent terrorist attacks across Europe are attacks against every one of us and have highlighted why we must work together, continuing to co-operate to fight the threat from terrorism and extremist ideology.

The Government have been clear, however, that taking back control of our own affairs includes regaining control of our borders and setting our own immigration policies. We are also clear that to respect the referendum outcome we cannot end up being half in and half out of the EU. So we will be leaving the single market and customs union. I know that is a matter to which the noble Lord, Lord Adonis, will address himself in more detail shortly in presenting his amendment. Clearly we differ on these matters.

Continued membership of the single market would require maintaining all four freedoms of movement—for goods, capital, services and people—so it would mean no control over immigration, and being out of the EU but a member of the single market would mean complying with the EU’s rules and regulations that implement those freedoms but without having a vote on what those rules and regulations were. Remaining in the customs union would restrict our ability to seize on our new freedoms in trade to create jobs and lift living standards. Britain must get out into the world, forge its own path, and be a true beacon for free trade. In leaving the customs union, Britain for the first time in over 40 years will be able to take full advantage of growing markets across the world, including those outside the EU, where the European Commission says that 90% of future growth in world trade will come from.

At the outset of these negotiations, we are prioritising some of the biggest challenges facing us. We are putting citizens first. We want to reach a reciprocal agreement for EU citizens in Britain and UK nationals in Europe as quickly as possible. That is why on Monday we published our policy paper: to outline our fair and serious offer for EU citizens.

Another early priority for the negotiations is our determination to ensure that we protect the common travel area and that nothing is done to jeopardise the peace process in Northern Ireland—a matter on which this House has taken great interest.

These negotiations will be complex and at times difficult, but we have made a positive start and we want to maintain that momentum. However, while we are confident that we will reach the right agreement, we must also be prepared for any outcome. That is why we are also seeking to put in place, as announced in Her Majesty’s gracious Speech, a legislative programme that will provide for continuity of our national systems and legislation as we leave the European Union.

Following the 30 March White Paper, Her Majesty’s gracious Speech confirmed that the Government will introduce a repeal Bill. The Bill aims to maximise certainty for individuals and businesses as we leave the EU. It is in no one’s interest for there to be a cliff edge, so the laws and rules that we have now will, wherever practicable, continue to apply. This gives the maximum possible certainty to individuals and businesses about their legal rights and obligations as we leave the EU, and provides the basis for a smooth and orderly exit.

The Bill, which will be guided through Parliament by my department, has three main aims. First, it will repeal the European Communities Act 1972. It ends the authority of EU law in the UK and transfers the powers to the UK from Brussels. It will convert EU law into domestic law. This maximises certainty, not only for individuals but for businesses and consumers, by ensuring that the rules do not simply disappear or change overnight on exit.

Secondly, it will give Ministers here and in the devolved Administrations the power to amend EU law as appropriate. This will mean that we have a functioning statute book on day one after exit. The Government expect that the return of powers from the EU will lead to a significant increase in decision-making powers for the devolved Administrations. Thirdly, the Bill will support our exit negotiations and future trade deal by ensuring that we have a continued level playing field between us and the EU based on the same rules.

I know that when the Bill comes before this House it will undergo rigorous scrutiny, as it should, but I believe that noble Lords will recognise its essential nature in preparing our statute book for exit. We must be able to deliver a functioning UK statute book by the day we leave the EU. It is vital for all across the United Kingdom that we provide certainty at that time.

The repeal Bill will be complemented by seven further main Bills that will support a smooth and orderly exit from the EU across a range of issues that affect the public, business and government. These will be led by the relevant department as they are presented to Parliament. Some of my colleagues on the Front Bench in this House have already spoken in some detail to these, so I shall simply mention them briefly today, just for completeness and to round out the debate.

A customs Bill will ensure that the UK has a standalone customs regime on exit. As it stands, the EU customs code applies directly in the UK. This Bill will provide flexibility to accommodate future trade agreements with the EU and others and ensure that changes can be made to the UK’s VAT and excise regimes.

A trade Bill will cement the United Kingdom’s status as a leading trading nation, driving positive global change through trade, while ensuring that UK businesses are protected from unfair trading practices. It will put in place the essential legislative framework to allow the UK to operate its own independent trade policy upon exit from the European Union.

An immigration Bill will underpin the new immigration system for EEA nationals. It will allow for the repeal of EU law on immigration—primarily free movement—that will otherwise be saved and converted into UK law by the repeal Bill, and will make the migration of EU nationals and their family members subject to relevant UK law once the UK has left the EU. The Bill will allow the Government to control the number of people coming here from Europe while still allowing us to attract the very brightest and the best, as we have enjoyed in recent years.

A fisheries Bill will enable the UK to exercise responsibility for access to fisheries and management of its waters. The agriculture Bill will ensure that after we leave the EU we have an effective system in place to support UK farmers and protect our natural environment. It will provide stability to farmers and protect our precious natural environment for many generations to come.

The nuclear safeguards Bill will establish a UK nuclear safeguards regime as we leave both the EU and Euratom.

The international sanctions Bill will support our role as a permanent member of the UN Security Council and a leading player on the world stage by establishing a new sovereign UK framework to implement international sanctions on a multilateral or unilateral basis. The Bill will return decision-making powers on non-UN sanctions to the UK and enable the UK’s continued compliance with international law after the UK’s exit from the EU.

Before concluding, I would like to say a few more words about Parliament’s role over the coming period. The Government have engaged extensively with Parliament and will continue to do so throughout the negotiations. We intend the negotiations to be as transparent as possible. On Monday, the Secretary of State for Exiting the European Union gave a clear commitment to update Parliament after each round of formal negotiations. I can confirm today that it is my firm intention to provide similar updates to this House.

There will be times when we need to preserve our negotiating position, as indeed the EU Committee of this House has acknowledged. There should be an appropriate balance between transparency and confidentiality. The Committee noted that,

“certain elements of the forthcoming negotiations, particularly those relating to trade, may have to be conducted confidentially”.

However, we are certainly clear that a transparent and open approach will best provide the certainty that the public, businesses, trade unions and civil society are seeking.

Throughout the process of withdrawal the Government will ensure that Parliament is able to fulfil its proper constitutional role to scrutinise the negotiations and our programme of domestic legislation. At the end of the negotiation process we are clear that both Houses will have vote on the final agreement before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement.

As noble Lords are aware, the parliamentary Session will run for two years, reflecting not just the importance and urgency of getting Brexit right but allowing proper and full democratic scrutiny in both Houses.

Today, I have set out the Government’s approach to delivering on our commitments to the British people. The noble Baroness, Lady Hayter, and noble Lords, Lord Adonis and Lord Armstrong, will shortly set out alternative views that do not accord with the Government’s approach. Some are closer to ours than others. My noble and learned friend Lord Keen will respond to their Motions more directly at the end of this debate when we have clearly listened to what has been said.

We have started negotiations to secure an exit deal in the national interest that works for the whole of the UK. We want to get the details of our exit right and to establish a deep and special future partnership with the EU. We want to underpin all of it through legislation that enables a smooth and orderly exit from the EU. One thing is clear: it is only by doing so that we can deliver what is in the best interests of all the people of this great country—this union of countries. It is for everybody, wherever they are, whoever they are, whatever their background. We must serve in the best interests of each and every one of them.