Northern Ireland Protocol Bill

Debate between Baroness Butler-Sloss and Lord Pannick

Committee stage
Monday 7th November 2022 Lords Chamber

[Lord Pannick (CB)]

My Lords, I draw attention to the suggestion that Clause 20 should not stand part. During these Committee debates, we have addressed a number of extraordinary provisions in the Bill that give exceptional powers to Ministers, but Clause 20 really does take the biscuit, if that is a parliamentary expression. Let me emphasise what it provides. It provides that the role of the Court of Justice in Luxembourg is excluded, which we will all have a view about, but it goes on to say that Ministers can, by regulations, recreate the role of the European Court of Justice. Is it not quite extraordinary that a Minister should be able, by regulations, to confer a power on an external body to sit as the final judicial body determining issues that are relevant for the purposes of English law? Whether you agree with the role of the Court of Justice or disapprove of it, it cannot be constitutional for a Minister of the Crown to have an exceptional power to decide who and what is the final court of appeal for this country.

[Baroness Butler-Sloss (CB)]

I very much support what the noble Lord, Lord Pannick, said, and add that it seems quite astonishingly narrow-minded and short-sighted to want to be rid of the European court in these circumstances. We heard at length last week about the effect on electricity, but there is a wider effect.

May I just put in a word of defence of the European court? I happened to visit it on numerous occasions. It has made some extraordinarily sensible decisions that have affected this country and particularly women, which is one of the reasons I support it. It is quite extraordinary that a Conservative Government, who I always thought had a broad view, should be quite unbelievably narrow-minded, and that some quite erroneous view of sovereignty should be taking over from the crucial role that the ECJ has to play in the work we are considering.

--- Later in debate ---

[Lord Pannick (CB)]

My Lords, as we go through this Committee, we are discussing clauses that confound constitutional principle in ever more astonishing ways. I entirely agree with what was just said by the noble and learned Lord, Lord Judge. It is quite extraordinary that we should be asked to approve a clause that would confer power on a Minister to make by regulations

“any provision … including provision modifying this Act”.

The Committee has heard a number of powerful speeches over its four days explaining why it is wasting parliamentary time in analysing the Bill when it is a sideshow to the need to resolve the dispute with the EU. Whatever view you take about that issue, what is a manifest waste of time is for this Committee, and for Parliament on Report, at Third Reading and in the House of Commons on ping-pong if it comes to that, to debate, amend and approve legislation after lengthy debate, only for Ministers to have the power to say, “I don’t care about that. Parliament might have agreed it, but I’m going to set it aside. I’m going to substitute something else.” What is the point of parliamentary debate if that is what a Minister can do?

Indeed, such is the breadth of this provision that a Minister would have a power to substitute in the Bill something that he or she approves of that has been specifically rejected by Parliament. Parliament might have passed an amendment against the views of the Government, yet, under this clause, as the noble and learned Lord, Lord Judge, said, two weeks or three years later the Minister can say, “That may be what Parliament has done, but I’m going to insert something different”. As the noble and learned Lord said, we really have to take a stand. This cannot be right in principle and it cannot be acceptable to Parliament.

[Baroness Butler-Sloss (CB)]

I want to add to the two speeches that have just been given, with every word of which I agree. The Minister may say that we are being hypocritical, as was said earlier, because there have been earlier Bills where we have allowed Henry VIII clauses; but I have been in this House since 2006 and in my time I have never seen a Bill anything like this one, with enhanced Henry VIII powers—or Henry LXIV powers. To my knowledge, in my time we have never had a Bill that has gone so far beyond what one might almost call the “normal” Henry VIII clauses. I entirely agree with what the noble and learned Lord and the noble Lord, Lord Pannick, said. It really is time that the Government stand back and ask, “Is this actually reasonable? What is it that we are trying to do?” It is utterly unacceptable.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Butler-Sloss and Lord Pannick

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, although we have equality—quite rightly—there is no doubt that women need to be dealt with differently from men in their situations of going to prison and in prisons. There is no reason not to be tough on crime, but there is every reason to follow these two admirable amendments from the noble Lord, Lord Marks of Henley-on-Thames. It is time that women’s very special situations were recognised, partly as the mothers of children—we have had some appalling stories of women in prison who are pregnant—but partly, as the noble Baroness, Lady Jones, just said, to stop them offending and to find the best way to deal with them. It may well be that prison is necessary for some of them, but it may well not be necessary for some of those who actually do go to prison if this new board were in place and could provide some of the services that are so admirable in the youth justice system. So I strongly support these two amendments.

[Lord Pannick (CB)]

My Lords, I add my support to these amendments. Will the Minister, when he comes to reply, agree that the application of the justice system to women poses especial challenges for everyone involved in the justice system, from the Secretary of State downwards? Does he agree that, at the moment, regrettably, there is a crisis of confidence as to how the criminal justice system in particular, but also the civil justice system, addresses the needs of women? Does he therefore accept, as has been suggested by previous speakers, that the creation of a women’s justice board would focus much-needed attention on these important topics?