International Engagements

Baroness Butler-Sloss Excerpts

Thursday 31st October 2024 Lords Chamber

[Lord Collins of Highbury (Lab)]

I recognise my noble friend’s strength of feeling on this subject. She is absolutely right to describe the horrific nature of the slave trade, which is a stain on our history and something we need to have honest and open dialogue about. I believe that the current Government’s position is clear: we will focus on the future and build an inclusive and fair economic partnership for the future. We will focus on addressing the real and genuine challenges that the world faces at the moment—primarily climate change and security.

[Baroness Butler-Sloss (CB)]

I respectfully ask the Minister whether words may be part of the problem. It is clear that such overseas aid as the Government have will be distributed to various countries, including in the Caribbean I would expect. I hope the Government will be able to give this as part of overseas agency and not in respect of reparations—the money would be there, but the wording could perhaps be changed.

[Lord Collins of Highbury (Lab)]

Let me be clear that we are committed to supporting overseas development and those countries that face challenges today. That is what we will do. I do not have a problem with words when committing to that partnership for growth and delivering economic development. We need to acknowledge the genuine feelings that exist. It was an abhorrent trade, and its consequences are still being felt by people today. If we do not acknowledge that then we are not part of the human race.

Human Rights Violations: Consular Assistance

Baroness Butler-Sloss Excerpts

Wednesday 30th October 2024 Lords Chamber

[Lord Collins of Highbury (Lab)]

I hope I made it clear in my opening response that we are actively exploring with officials the implementation of our manifesto commitment. It is not just a statement from the Foreign Secretary but a manifesto commitment and we want to ensure that we get it right. We are having proper examination of this, both legally and diplomatically, so I hope that we will be able to make an announcement in due course. The problem with a lot of these individual cases—the noble Lord knows this as well—is that sometimes the efforts we put in cannot be as public as perhaps some people want. At the end of the day, as my noble friend raised in his original Question, we want to get these people out. We want to ensure that they are not detained arbitrarily and that proper due process is continued.

[Baroness Butler-Sloss (CB)]

My Lords, I am the chairman of a forced marriage commission. The Minister may know that, particularly in Pakistan, the consular service in the past for victims of forced marriage has been absolutely brilliant. Are consular officials still being instructed to help victims of forced marriage?

[Lord Collins of Highbury (Lab)]

I can reassure the noble and learned Baroness that, yes, that is the case. We are determined to continue to offer the best possible service to all our citizens who are affected by this. I have been involved in some individual cases myself, so she can rest assured about that.

Ministerial Gifts and Hospitality

Baroness Butler-Sloss Excerpts

Wednesday 16th October 2024 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, as an independent, I was glad that this Government came in. However, what has upset me is the high moral tone this Government came in with, before then having freebies. I wonder whether the Government recognise that I am not the only person who is upset by a combination of a high moral tone and freebies.

[Baroness Smith of Basildon (Lab)]

My Lords, it is right that we would all want to take a high moral tone because we want the standards of this House and the other place to be as high as possible. The definition of “freebies” is rather emotive, and people make their own judgments about it. For me, two things are important: first, the transparency when an invitation is provided, and, secondly, whether there is a transactional expectation —if somebody expects something in return. That is what I think people are most concerned about. If there is no transactional relationship, it is appropriately declared and it is in the limits provided for, people have to make their judgments about whether they accept such hospitality or gifts.

Government Standards

Baroness Butler-Sloss Excerpts

Thursday 25th July 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

Of course. It is a given that for good decision-making it is necessary to have good input from different sources. I am unclear why the noble Baroness asked that; I would have thought it was an automatic requisite of good decision-making.

[Baroness Butler-Sloss (CB)]

Should the House of Lords Appointments Commission be given teeth so as always to have appropriate people as Members of the House?

Victims and Prisoners Bill

Baroness Butler-Sloss Excerpts

Report stage
Tuesday 30th April 2024 Lords Chamber

[Baroness Thornton (Lab)]

I thank the noble Earl for his usual comprehensive and very straightforward summing up, but we do not agree with him.

Part of the problem is that, although the Hillsborough charter may be comprehensive, a large part of it is voluntary. What we are discussing is something that covers everybody. Frankly, if a duty of candour can be applied equally in a hospital to the most senior consultant and a porter, I cannot see why it cannot be applied in this case to everybody. I am a non-executive director, and my chair and I both have the same duty of candour within the NHS, wherever we work and whatever we do. A duty of candour is not a silver bullet—I absolutely accept that it is often very tough to implement, as the noble Baroness, Lady Brinton, knows—but it can change an organisation over a period of time.

The noble Earl himself has found many ways to achieve many things in his public duty, including the duty of candour in the NHS. It must be possible to say that all public servants should be bound by a duty of candour and to ensure that it is possible to do that regardless of whatever codes they are following and whatever they are doing.

[Baroness Butler-Sloss (CB)]

I am grateful to the noble Baroness. Apart from inquests and statutory inquiries, what are the circumstances in which she expects this to be necessary?

[Baroness Thornton (Lab)]

Earlier in the debate, it was quite clear from our discussions about the report on Hillsborough that it should cover everybody who gives evidence and is involved in an inquiry or whatever arises out of a serious incident. That is what we are seeking to do. On that basis, I would like to test the opinion of the House.

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[Baroness Finlay of Llandaff (CB)]

My Lords, I add my thanks to the noble Earl, Lord Howe, for the extremely sensitive way in which he has been open to discussions at all times. I know that he has met with many of us individually.

As noble Lords have heard, there was an error with the clerical system, so my name was added to a government amendment; I think the Public Bill Office was overloaded. There is much to commend in the government amendment, but I am not supporting it because I have put my name to amendments to it. I put my name to a lot of the amendments. Others have spoken very clearly to all those amendments.

There seems to be a problem with the government amendments, which is the word “may”. Reading through, one sometime feels that word should become “must”. It would be helpful to have clarification from the Minister on why some of the “mays” are not becoming “musts”. The “must” really makes things happen.

Compensation is long overdue. I remind the House that it was in May 1975, nearly 50 years ago, that the WHO expressed serious concern at the international plasma trade. There has been an enormous erosion of trust, grief and anguish. I even worry when people talk about rebuilding trust, because I think we have to stop it being eroded. From the explanations that I have heard outside this Chamber from the noble Earl, I can see how the Government are really hoping to stop the ongoing erosion of trust. That has to happen before you can start to rebuild it.

The inquiry led by Sir Brian Langstaff made clear recommendations about interim payments and the way a compensation scheme should be managed in the future. I am glad the Government accept the amendment in the name of the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Campbell, which requires a stated time of implementation within three months of the Bill passing. It is essential that the details of all these processes are looked at very carefully so that they do not leave anyone feeling that anything has been kicked into the long grass yet again. Support and assistance will be essential. That seems like a time when “may” should be changed into “must”, as in Amendment 119T. The interim payments must be made within one month of the Bill passing.

On a High Court judge being the appointed chair, I know the Government have said that they want to keep the options open and somebody excellent may come forward. Somebody may, and they could certainly serve on the board, but, of all the skills that a High Court judge has, they need to be seen to be there to oversee the infected blood compensation authority.

On that authority having among its executive members those infected—involving the infected blood community —I simply reiterate the point that those people will need great support, because it will be extremely difficult for them on that board with some of the decisions that they will have to take and some of the difficulties lying ahead. On the selection process, I hope that the support is adequately available and that not too much falls on the shoulders of any one person.

[Baroness Butler-Sloss (CB)]

Perhaps I may add something about High Court judges, having been one myself. It may not be necessary to have a sitting High Court judge, because there are a number of recently retired High Court judges who would be entirely suitable. However, it needs to be a High Court judge who has tried medical cases. I add the fact that many family judges try medical cases quite as much as civil judges. Let us not necessarily be tied to an existing High Court judge.

[Baroness Meacher (CB)]

My Lords, this is my amendment, so I think my job is to bring this—

Business of the House

Baroness Butler-Sloss Excerpts

Tuesday 5th September 2023 Lords Chamber

[The Deputy Speaker (Lord Geddes) (Con)]

The Question is that this Motion be agreed to. As many as are of that opinion will say content—

[Baroness Butler-Sloss (CB)]

Perhaps I may be allowed to speak. I just wanted to ask the noble Lord the Leader of the House if we could find time to discuss this.

[Lord True (Con)]

My Lords, I did not wish to make the point because I think that it sometimes appears as though I am reproving the House—which I am not; I am always open to the ear and will of the House—but we had a lengthy consultation, and indeed a debate and a vote, on this matter not so long ago. The House decided then not to change our sitting times.

Health and Care Bill

Baroness Butler-Sloss Excerpts

Lords Hansard _ Part 1 & Report stage
Wednesday 16th March 2022 Lords Chamber

[Lord Falconer of Thoroton (Lab)]

It is a privilege to follow the noble Baroness, Lady Campbell, whose contribution to the debate on assisted dying over many years is the admiration of all. I pay tribute to her and I know that the House thinks that as well.

I strongly support what the noble Lord, Lord Forsyth, is proposing for the following reason. We are trying to deal with an issue of conscience in Parliament. Issues of conscience generally have a bad time in Parliament because the major parties are not interested in such issues. You have to fight under our parliamentary procedures in order for issues of conscience to get dealt with. I completely agree with the noble Baroness, Lady Campbell of Surbiton, that this is a complex and difficult issue, but it is one that requires parliamentary time and, above all, Parliament to address the issue and make a decision.

I cannot convey adequately the mess that the law is now in. The law does not have the stomach to be enforced. Nobody wants a decent person who helps a loved one to die because they are having a terrible death to be the subject of prosecution, conviction and a possible sentence of 14 years. The law has been stood on its head and the Director of Public Prosecutions has been given the power to say that he will not prosecute if certain guidelines are followed. That means that the most basic principle of English law is subverted. It is not the judge and jury any more who decide whether you are guilty of the offence but the well-meaning and admirable Director of Public Prosecutions. If he says that you are not to be prosecuted, you are in the clear. If he says that you are to be prosecuted—remember you have assisted somebody to take their own life—you are guilty. He is making the decision. That reflects the way in which our society is trying to deal with the issue.

What we need is proper parliamentary time for parliamentarians to address this exceptional issue. I was a remainer, tragically, and was very much against all the strange ways in which Parliament operated. But this is an exceptional matter. The noble Lord, Lord Cormack, with respect, is not talking sensibly when he says that that we are sticking this matter on to the Commons. The Commons will have to decide whether they agree or not.

I urge this House to adopt the amendment, not because noble Lords agree or disagree on the issue of assisted dying but because they take the view that Parliament should properly address issues of conscience. Please do not be swayed one way or the other by the issues on assisted dying, because everybody knows that there are strong arguments in favour and against—I feel as passionately as those who are against. Address the issue on the basis of whether Parliament should be able to deal with issues of conscience.

[Baroness Butler-Sloss (CB)]

My Lords, it would be perfectly possible for someone in the House of Commons to raise this issue and deal with it there. What concerns me—I pick up what the noble Lords, Lord Cormack and Lord Howarth, said—is that this seems to be a constitutional issue. I am not going to say a word about the rights and wrongs of assisted suicide or assisted dying. However, I shall just read a few words of the amendment. It asks us to agree that the

“Secretary of State must, within the period of 12 months … lay before Parliament”


not just the possibility of a Private Member’s Bill being given time, which was what was suggested earlier, but a draft Bill. That is telling the Government what legislation they have to pass. This is a matter that transcends issues of compassion or whether one is on one side of the argument or the other, because what we in the Lords are telling the Commons is that they have to support us telling the Government to put forward a Bill with which they may not agree. But they do not have any choice if this amendment is passed. That Bill has to,

“permit terminally ill, mentally competent adults legally to end their own lives”.

The amendment is not asking the Government to please give time—I could understand that. It is telling, not asking, the Government to put forward a draft Bill in support of one side of the argument. Whichever side I was on, I would feel absolutely impelled to resist this amendment.

[Lord Winston (Lab)]

My Lords, I have repeatedly opposed assisted dying and it is well known that I feel, and have felt, strongly about it. I also feel that this is quite a different situation. I do not want to argue my case here, but serious issues are raised by the amendment. I am not persuaded that voting for it would make a difference, because the Commons can still consider what we have said this evening. However, it is clear—I completely agree with the noble and learned Lord, Lord Falconer—that we as a Parliament have to discuss this issue.

I remember, when I first came into this House 27 years ago, in the Prince’s Chamber there was a notice recording an Act of 1620, I think—under Charles I—that argued that we should not use intemperate language in the Chamber. In this situation, I believe this is inevitably important. I regret very much that the noble Lord, Lord Howarth, spoke in the terms he did. I do not think it is helpful to the argument. I think it probably destroys his argument to some extent. What the noble Lord, Lord Cormack, says is a very different matter—and I regard the noble Lord, Lord Cormack, as a friend. Above all, it seems that as a Parliament we have to discuss this, and this is something burgeoning in the public. Therefore, it is a duty to discuss this in Parliament. If we happen to introduce this Bill, which the Commons can then consider, whether it is passed at this stage or not, that would be utterly justifiable, and I support this amendment.

European Union (Withdrawal Agreement) Bill

Baroness Butler-Sloss Excerpts

Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, in listening with interest to what the noble Lord has just said, I entirely accept that the Government have done some very good work. We heard of it from the Minister last week and we ought not to undervalue the extent to which the Government have brought children to this country, but we are talking about a very small group. The noble Lord, Lord Alton, asked the noble Lord, Lord Dubs, about this and it might be 1,000. Among the children about whom we are speaking, this is a small group who have rights only under Dubs III.

I may have unintentionally misled the House last week, for which I apologise, by making a comment when I felt so strongly about this matter that I got carried away. I did not read my notes and led the House to believe that there was some English law providing a right for children. I was wrong and was rightly corrected by the noble and learned Lord, Lord Mackay, who kindly did not refer to me when he set out the existing position, which is that Dubs III—I am sorry, it is Dublin III, although one really ought to call it Dubs III—comes to an end in January 2021. Of course I trust the Minister and have huge respect for her genuine commitment to children, but what I am concerned about is urgency.

Given everything else that goes along with Brexit, it would be very easy for this Government, intentionally or unintentionally, not to have a priority regarding these children, a point made by the right reverend Prelate. What we need is to retain the sense of urgency. We do not find that in Clause 37, but we have it to a greater extent in Section 17 of the 2018 Act. It does not take us all the way, but it includes the requirement for things to happen. I am not happy, with everything that has been said today and everything that I fear may be thought behind the scenes, that this will be dealt with having a proper regard for urgency. From January next year these children, who have a right to come to this country and are among the most deprived and vulnerable children in the world, will lose the right to do so unless a degree of realism and urgency is injected into the Government.

[Lord Roberts of Llandudno (LD)]

My Lords, I agree entirely about the lack of urgency. I also feel that there is a lack of enthusiasm for any sort of legislation that would mean more possibilities for people to come to the United Kingdom for sanctuary.

I remember with great sadness the day some years ago when we voted on the amendment of the noble Lord, Lord Dubs, and I saw the Tory Benches trooping through the Not-Content Lobby. I really felt so sad then. In the years since, I have been quite assiduous in dealing with these matters and the Minister must be tired of my contributions. But in 12 years, the only change I have managed to make is that the Azure card has been changed for the Aspen card. It is just a card giving £35 in one way or another. Asylum seekers still have no right to work until 12 months are up, and even then only from a restricted list. We still have indeterminate detention. In 2005, 17% of Home Office decisions were overturned on appeal, while last year and in the previous years it was about 40%. We still see a tremendous reluctance on the part of the Government to move, which is why I am totally opposed to removing any sort of legislation in the European agreements to protect child asylum seekers.

I will not speak for long because I have talked about this a great deal over the years, but I will make a plea to the Government. There are so many decent people on their Benches and yet, when we had the previous vote on the amendment of the noble Lord, Lord Dubs, some years ago, they voted against the rights of children. There is now an opportunity to strike a new chord: to offer hospitality rather than hostility to arrivals seeking sanctuary in the United Kingdom.

Privileges and Conduct Committee

Baroness Butler-Sloss Excerpts

Monday 17th December 2018 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords—

[Baroness Shackleton of Belgravia (Con)]

My Lords—

--- Later in debate ---

[Lord Taylor of Holbeach]

My Lords, I suggest we hear from the noble and learned Baroness, Lady Butler-Sloss, and then my noble friend Lady Shackleton.

[Baroness Butler-Sloss]

My Lords, your Lordships will be relieved to hear that I have cut out almost everything I was going to say, but I wish to say something about the future. I do not apologise for this, as I wrote to the chairman of the Committee for Privileges and Conduct three weeks ago, and have not yet had a reply. As a result, I need to say it here, in case it is not taken seriously.

The committee may, and I say this respectfully, have underestimated the difficulty of making a decision on serious issues of credibility in cases where the parties give diametrically opposing accounts of what happened and what was said. I do not believe, however, that it is necessary to have an adversarial system, so I disagree with the noble Viscount, Lord Hailsham. The current process, put in place by the Committee for Privileges and Conduct of this House, is entirely right. In most cases—for instance, the recent cases of financial misconduct—it is entirely appropriate for the commissioner to deal with the case by herself. There will be other types of case that will be equally appropriate for the commissioner. I have enormous respect for her—I know her well, and chaired the QC panel, of which she was an important member.

When I wrote to the chairman, I suggested that in future cases with serious conflicts of interest, where the credibility of the parties and witnesses is disputed, the commissioner would be helped by involving an experienced QC, who would ask the questions. Where appropriate, and tactfully—certainly in relation to the complainant—the QC could ask sufficient questions to test the case against the respondent, as well as cross-examine the witnesses and the respondent to see how the case and the defence stand up. I am not criticising Jasvinder Sanghera—I know her well, and admire the work she does—and did not criticise her in my last speech. The House must recognise that where serious allegations are denied, they will arise again in relation to Members of this House. This will not be the only case, and we must be ready to deal with future cases with the 21st century method of due process and natural justice.

[Baroness Shackleton of Belgravia]

My Lords, I declare my interest: I am not a friend of Lord Lester. I sat on the same Select Committee as him. I like every member of my committee, and I am very blessed to be on such a nice committee. In similar circumstances, I would hope that this House regards our duties as overriding our friendships. It is insidious to suggest that Members of this House would put their friendships above their duties to the House, and it is offensive to suggest that people would vote in the same way, as in the suggestions of “Lester’s mafia” plotting against the House. I have spoken to many people in this House; they have told me that, despite the fact that this is about Lord Lester, they feel that there is something not right about the report.

The other misconception is that those who voted against the Privileges Committee, which investigated this case, were not suggesting that Lord Lester was innocent but that this should be looked at again. That was not on the agenda and not what we were voting for. On reading the second report, I was most concerned by appendix 1. We are served by a number of unbelievably loyal and genuine staff, from the cleaners to the restaurant staff to the doorkeepers to the librarians. No wonder they expressed dismay when noble and learned Lords such as the noble and learned Lord, Lord Woolf, and the noble Baroness, Lady Butler-Sloss, speak up against the committee’s conclusions. There is obviously a problem if judges and other people have differing views on both the process and the result.

Looking forward, I beg the committee to concoct a scheme that gives some sort of certainty, not just to women. I identify with the noble Baroness, Lady Hussein-Ece, because I have suffered in the way she suggested, but that does not mean that all men are guilty. Men are entitled to just as much of a fair trial as us women, but women must not be precluded from bringing forward their complaints. There must be a fair process whereby the men feel as protected as the women who accuse them, particularly in the current #MeToo environment.

I finish by saying that I am still not satisfied about Lord Lester’s guilt, particularly because the commissioner did not investigate each allegation separately but took them as they fell, as was referred to by the noble Baroness, Lady Kennedy. I read David Perry QC’s report; he read all the appendices and transcripts and came to the complete opposite view. In circumstances where two, or many, rational people reach opposing views, surely it is for this self-regulating House to come up with a solution that serves everybody fairly going forward.

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[The Senior Deputy Speaker]

My Lords, it falls to me to respond briefly to the debate. At the outset, I acknowledge how difficult this topic is for all of us. It is not a subject that any of us would wish to be debating today or any day. I shall pick up a number of points. First, yes, I received the email from the noble and learned Baroness, Lady Butler-Sloss.

[Baroness Butler-Sloss]

I wrote a letter.

[The Senior Deputy Speaker]

Perhaps it was translated into an email as well, but I read it. In fact, I read it again in the Times of 13 December and I read the reply of the noble Baroness, Lady Jay, of 15 December. Then, this morning at 5.30 am, I read the reply of the noble Lord, Lord Thomas of Gresford. What does that indicate? It indicates that there is a lively debate. The point that the noble and learned Baroness is making, on procedure, is for the future, and she can be assured that it will be taken on board.

The noble Baroness, Lady Jones, asked about access rights for Lord Lester. That is a matter not for the Privileges and Conduct Committee but for the House of Lords Commission, which will meet on Wednesday.

The noble Lord, Lord Butler, asked about procedures. The role of the House is to satisfy itself that its own procedures are set down in the code and the guidance to be followed. Those procedures were established in 2009 in the Leader’s Group by the noble and right reverend Lord, Lord Eames. Since then, I believe that there have been seven revisions and, as has been mentioned, when there is a general election we have to sign up to that code. So since 2009 there have been 10 opportunities for people to comment on the procedures. Given the highlighting of the debate here, I urge Members to put their comments in, because the Privileges and Conduct Committee will be looking at the independent complaints and grievance procedure recommendations in the new year.

Brexit: Negotiations

Baroness Butler-Sloss Excerpts

Thursday 15th November 2018 Lords Chamber

[Baroness Ludford (LD)]

My Lords—

[Baroness Butler-Sloss (CB)]

My Lords—

[Lord Taylor of Holbeach (Con)]

My Lords, we have not heard from the Cross Benches; I think we ought to hear from them.

[Baroness Butler-Sloss]

Perhaps the Minister can tell me what is meant by the letter from Mr Raab, which said that he could not support the declaration because,

“the regulatory regime proposed for Northern Ireland presents a very real threat to the integrity of the United Kingdom”,

whereas the Statement from the Prime Minister says that,

“the EU proposal for a Northern Ireland-only customs solution has been dropped and replaced by a new UK-wide temporary customs arrangement”.

Which is the situation?

[Baroness Evans of Bowes Park]

The EU proposal for a Northern Ireland-only customs solution has indeed been dropped and replaced by a UK-wide temporary customs arrangement which protects the integrity of the UK. However, there are regulatory elements necessary to avoid a hard border that will apply to Northern Ireland only, including product standards on industrial goods and agricultural products, as well as regulations strictly necessary to maintain the single electricity market on the island of Ireland. There are already some regulatory differences between Northern Ireland and Great Britain.