Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020

Baroness Chakrabarti Excerpts

Wednesday 23rd September 2020 Lords Chamber

[Baroness Chakrabarti (Lab) [V]]

My Lords, I believe that the right to shelter is just that—a fundamental human right. Incidentally, in the light of recent remarks, I also think that that right comes even before someone’s right to buy to let. That said, I understand the property right, but the crucial thing here is that in a pandemic, of all times, we do not need people to be rendered homeless, whatever the reasons for that homelessness. Therefore, it is my belief that the Government should enact emergency legislation after this debate to ensure that no one is homeless during the pandemic. How will it be possible to enforce further local or national lockdowns, or to deal with this catastrophic crisis of social mixing, before there is a vaccine if we cannot guarantee that everyone has basic shelter and that no one is homeless?

At the moment I am minded to support the regret Motion rather than the fatal one, and not just because of constitutional conventions, significant though they must be in the context of an unelected House. Can the noble Baroness, Lady Grender, explain in a little more detail in her summing up the legal effect of annulling retrospectively Civil Procedure Rules that have granted eviction protection for the past month? It is a concern about throwing that last month’s protection and legal certainty into doubt that gives me real pause for thought about the fatal Motion.

Therefore, as I said, at the moment I am minded to support the regret Motion, but not just as a debating point. Your Lordships’ House is not the Oxford Union or Cambridge Union; it needs to have more teeth than that. I am not a great fan of this Government but the noble Lord, Lord Taylor, is a fantastic representative of them and a distinguished Member of this House. However, this is not just about adjudicating fairness between landlord and tenant. If we are to be fair to both, there is no problem with the Government stepping behind landlords and tenants, and providing the finances to make sure that no one need lose out or become homeless in this crisis. That can be done with emergency legislation to ensure a basic income, including the rent payments that people need and, where necessary, emergency social housing.

Business and Planning Bill

Baroness Chakrabarti Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Sheikh (Con) [V]]

My Lords, at the outset I reiterate what I said at Second Reading and in Committee. I welcome the Bill, which will trigger a revitalisation of our businesses and help people’s well-being. We would like the economy to pick up and create employment for people who have been idle for the last few months. We need to take steps to enable restaurants, pubs and cafés to expand their businesses and provide additional facilities to attract customers. Our hospitality sector has taken a massive hit and we need to assist the sector to get back on its feet. We should therefore give consideration to how we can do this. One way is to allow customers to be served outside the premises and on the pavement.

I support these arrangements but we need to look at certain issues that may cause problems to pedestrians. I am concerned about accessibility and the passage of blind, partially sighted and disabled pedestrians. They must be able to get through the customers outside a premises without being obstructed in any way. Blind and partially sighted people already feel less independent during the lockdown. If we do not have proper controls and make appropriate provisions, they will encounter difficulties. If adequate arrangements are not made, these persons may go on the road, take someone else to go with them or not go out at all.

Some disabled persons are in wheelchairs that need to be carefully manoeuvred. If people are congregating on the pavement without adequate controls, manoeuvring will be difficult and cause distress to the disabled persons. Furthermore, there is the possibility of an accident arising because of a lack of proper spacing for wheelchairs to get through, which may cause injury to a customer or the disabled person.

As far as pedestrians are concerned, in Committee I expressed concern about Muslim ladies who may be harassed or picked on if they are walking through a crowded area. Since my speech in Committee, I have been approached by other Muslims expressing support for what I said. It is therefore important to bear in mind issues concerning Muslim ladies. I have been told that since the lockdown has been eased, there has been a spike in Muslim women being insulted and abused.

In addition, there needs to accessibility for all persons, with a distance of at least one metre for everyone’s benefit and as a safeguard against the spreading of the virus. I therefore support Amendments 1, 2, 5 and 6. I also render support to Amendment 7, which will

“establish a right to appeal the approval of an application”

within the time stated in the amendment.

Furthermore, I support Amendment 12 regarding the need for a local authority to investigate a complaint where there are issues of accessibility relating to people with disabilities or other pedestrians. I feel that Amendments 7 and 12 are necessary to ensure that relevant persons with genuine issues are listened to where there are difficulties regarding passage or accessibility.

Finally, I support Amendment 16 as I feel the Secretary of State must

“specify conditions for pavement licences”.

I am sure that in doing so, the Secretary of State will be minded to ensure adequate access and passage of all pedestrians without hindrance.

[Baroness Chakrabarti (Lab) [V]]

My Lords, I associate myself with so much that been said in this discussion about the rights and accessibility of disabled people in particular; the importance of employer-employee co-operation in the fight against the virus; the need to return to economic activity; and enforcement. That is perhaps why the swipes at the trade unions were particularly gratuitous and jarring.

The deadly pandemic we are still in the grip of seems to discriminate quite brutally and savagely, so it is particularly important that we do not discriminate in our response to it. If anything, we should work harder—perhaps even more radically—to redress the balance in the discrimination provided by the virus.

The economy exists for the benefit of people, not the other way around, so there ought not to be any real tension between the aspiration of protecting people—all people, the vulnerable in particular—and wanting to bring the economy back and to restore some normalcy in our lives.

Attorney-General’s Legal Advice

Baroness Chakrabarti Excerpts

Wednesday 25th September 2019 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I am grateful to the Minister for repeating that Statement and for giving his noble and learned friend a well-deserved rest after his supreme efforts down the road. Will he join me in distancing this House, at least, from some of the intemperate, ill-advised remarks made by his colleagues in the other place—for example, that Parliament has no moral right to sit; that our judiciary should now become subject to political appointment; and that the highest court in these islands has somehow perpetrated a constitutional coup?

[Earl Howe]

My Lords, in the circumstances in which we find ourselves—which the Supreme Court itself characterised as a one-off—it is likely that phrases are used in the heat of the moment that are judged inappropriate in the cool light of day. I do not believe that the noble Baroness quoted my right honourable and learned friend quite correctly when she referred to a statement to the effect that Parliament has no moral right to sit. I think what he said was:

“This Parliament … has no moral right to sit”.


That was in the context of a debate on the other place’s inability to reach a conclusion on the outcome of Brexit, not about this particular matter.

I cannot comment on any suggestion that there should be a political process to appoint judges; that is well beyond my brief and I do not believe that it is under consideration at all. Even if it were, it would require lengthy and considered debate and judgment involving political parties of all complexions. It is not under serious consideration at the moment.

In these circumstances, we need to reflect on the judgment that the Supreme Court has reached. Instant comments on it are possible, of course. However, it has major constitutional and legal implications, as the noble Baroness will no doubt accept. It behoves us all to look at what was said and at how that impacts on our legal position as parliamentarians, but also for the Executive to reflect on how they should behave in the future regarding any future Prorogation.