Domestic Abuse Bill

Debate between Baroness Hamwee and Lord Cormack

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Hamwee (LD) [V]]

My Lords, we support the approach of the amendments. As has been said, they are to be taken seriously; of course, all amendments are, but these not only incorporate theory but reflect practice. The comments of the noble Lord, Lord Blunkett, about positive responses reminded me of how, in this situation as in many others unrelated to domestic abuse, there may be what I understand is called a “teachable moment”, when the person who can or should benefit from some sort of support or assistance is most receptive to it.

As we have made clear, and as I hope is implicit in all our amendments, we believe that the judicial process must be seen to be fair to both parties, otherwise confidence is rapidly lost. Giving a defendant an opportunity to make representations is part of that. I read that as part of the thrust of these amendments to what I think we all regard as very wide provisions. We are pleased that they have been brought forward and supported by such eminent signatories.

[Lord Cormack (Con) [V]]

My Lords, it is a privilege to take part briefly in a debate led by the noble Lords, Lord Ponsonby and Lord Anderson, and by my noble and learned friend Lord Mackay of Clashfern. I would sum up this debate by saying that we have heard some very wise words. The noble Lord, Lord Blunkett, said that these amendments were logical, rational and humane. He also entered the Covid caveat, and obviously we need a degree of flexibility over timing, bearing in mind the extraordinary overburdening of the justice system at the moment. I cannot help but refer your Lordships to the Times today, which lists the extremely large number of people being drafted in to be judges without any previous experience. We have to bear that in mind—but I endorse the spirit behind the amendments, and I will say no more.

Domestic Abuse Bill

Debate between Baroness Hamwee and Lord Cormack

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Lord Cormack (Con) [V]]

My Lords, I am delighted to follow the noble Lord, Lord Rosser. I agree very much with the line that he took. I anticipated that I would, and that is why I was glad to add my name to a couple of these amendments.

It is essential—and indeed it was really the underlying substance of my noble friend the Minister’s response to the last debate—that the commissioner is independent. To give the Home Secretary the power to censor a report is, certainly from my point of view, a step too far. Parliament should have a role here, and a central role.

Although there are slight divergences between the amendment to which I am giving my support and the amendment admirably introduced by the noble Baroness, Lady Burt, they are very similar, and she indicated that. Effectively, they are probing amendments. I have always believed that, for the most part, it is best if we do not have Divisions in Committee, so that we can hear what noble Lords have to say, the Minister can hear the points that are made and we can achieve, I hope, a degree of consensus by the time we come to Report.

I certainly could not support the supremacy, in the way that it stands at the moment, of the Home Secretary, and the ability, effectively, to call in—and, as I said at the beginning, to censor—a report. The commissioner must be someone in whom we repose a very high degree of trust, and who can report without fear or favour. I believe that the commissioner should report to Parliament, where we can guarantee that there will be proper scrutiny. Although I accept the important role of the Home Affairs Committee in the other place—as the noble Lord, Lord Rosser, said, that committee has itself recommended a report to Parliament—I have always been a great believer in Joint Committees of both Houses, especially when there is such a degree of expertise, to which I do not claim any, in your Lordships’ House. We have heard during the course of the debates today—I have listened to all of them—and the debates on Monday, that there really is a degree of expertise, and a depth of expertise, that the other Chamber can complement but not really surpass. So a Joint Committee might be a very good idea. Whatever final decision is made by your Lordships’ House and the other place on that, the centrality of Parliament’s role should be emphasised by underlining the autonomy and independence of the commissioner. She must not be seen to be a creature of government; her independence is vital.

I very much hope that, when my noble friend comes to reply to this debate, he will recognise the importance of Parliament’s role, and how crucial it is that the commissioner is someone in whom we can repose trust and someone who feels she can speak without fear or favour. I hope that, as a result of our discussions this afternoon, when we do come to Report, it will be possible for us to take a consensual and collective view that reinforces the importance, independence and integrity of the commissioner and, at the same time, the important role that Parliament should play.

[Baroness Hamwee (LD) [V]]

My Lords, I suspect that the Minister may tell us that Parliament will be quite adequately and properly involved, because the Secretary of State who sponsors—I think that is the term—the commissioner is accountable to Parliament.

Noble Lords who have spoken have all made the point about independence being absolutely crucial. We have already debated that in the context of the budget, particularly the other day, and the provision of staff, and of course it was central to the proposal that the commissioner’s title include the word “independent”. The Government have recognised that—not so far as to accept any amendments but they have recognised the point—and, I hope, the point about the commissioner being seen to be independent, which the noble Lord, Lord Rosser, has made today and I think I made on Monday, as I certainly intended to.

Our amendments propose reports going to both the Secretary of State and Parliament because, by nature and inclination, my noble friend and I want to find a way through this that might satisfy everybody. As my noble friend said, it is not unknown for Ministers not to respond promptly to draft reports and other material. In fact, I had Kevin Hyland’s experience in mind when we prepared these amendments. I am personally not wedded to 28 days. What is important is that there is a fairly tight maximum time limit.

On Amendment 35, I have thought about the situation a little more since we tabled the amendments. The commissioner is not actually required to give advice or assistance: “may” is the term in both Clause 9(1) and Clause 9(2), although there is a “must” about publishing advice to any person other than the Secretary of State—that is in Clause 9(4). I am a little worried about whether the prospect of advice being required to be published might constrain people other than the Secretary of State from seeking advice. So, as well as wondering why non-Secretaries of State are not on the same footing as the Secretary of State for this purpose, I am actually a bit concerned about the provision.

Is Clause 9(2) itself actually necessary—that is, the subsection which says that the commissioner may advise or assist someone else—especially as we are told that the list of powers at Clause 7(2) is not an exhaustive list? Can someone seek advice or assistance without it being published? There must be many situations in which that would be appropriate. Also, can the commissioner omit matters listed in Clause 9(6) of his or her own volition? Surely, they can. We have all been talking on the basis that the commissioner can and would do so, but it is a matter of the Secretary of State’s direction, which I find a little curious, in addition to the points made by other noble Lords. I hope the Minister can answer these questions, which, perhaps, go behind some of the words in the Bill, as well as the overarching issues raised by these amendments.

Registration of Marriage Bill [HL]

Debate between Baroness Hamwee and Lord Cormack

Committee: 1st sitting (Hansard): House of Lords
Friday 29th June 2018 Lords Chamber

[Lord Cormack (Con)]

My Lords, I congratulate the right reverend Prelate on being so specific and particular. In fact, he has been exemplary in the way he has sought to limit delegated powers. He has given a lesson to us all, on which he should be most warmly congratulated.

[Baroness Hamwee (LD)]

My Lords, I am afraid I was unable to speak at Second Reading. My noble friend Lady Scott of Needham Market is unable to be here. She takes a keen interest in matters genealogical and in registration. I am glad to have had the opportunity of the prompt to look at this. I congratulate the right reverend Prelate, as others have done.

The point I will raise is not to carp, but because I do not want to find that there has been a problem later on. I evidence that by saying that, when I came into this House I was asked, as we all are, by various directories to provide biographical details and I was asked for my father’s details, I said, “You can publish my father’s details if you publish my mother’s as well. It’s both or neither”.

Anti-social Behaviour, Crime and Policing Bill

Debate between Baroness Hamwee and Lord Cormack

Wednesday 22nd January 2014 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, at the previous stage of the Bill, I said, not quite in these words, that I was glad to be able to follow those far more expert than I, as they did the heavy lifting on the amendment. I feel much the same today. Colleagues have said that they feel somewhat out of their depth on this subject. To that I say, “Yes, but you understand the concepts of proof of guilt and proof of innocence”. I congratulate the authors of the amendment, if that is not too presumptuous, and its mover, who seem to have found a way to achieve the Government’s aims, which as I understand them are greater certainty and to reduce costs—that is, not the costs of compensation but of proceedings.

As we have heard, there have been very few claims and fewer have been successful. It is not a matter of compensation for every failed prosecution, more for every quashed conviction—and there are very few of those. On those occasions, the sky has not fallen for the Government but it has for the individuals concerned. That is why compensation seems inadequate—I agree with the noble Baroness, Lady O’Loan, on that—but money is how we deal with it, so compensation is appropriate and important. For the integrity of the system, to which the noble Baroness, Lady Kennedy, referred, we must not let the sky fall because of the application of the test in this clause in the Bill.

[Lord Cormack (Con)]

My Lords, the last three-quarters of an hour has proved two things to me. One is what an immense privilege it is to be a Member of your Lordships’ House and to listen to those who have true and deep knowledge of the subject; the other is how dangerous it is sometimes to listen to the debate when one has come in with a completely open mind. What I have heard this afternoon has demonstrated to me that it will have to be a very powerful and convincing answer from my noble friend, whom I welcome to the Front Bench, if I am to be persuaded to support the Government on this.

I can claim no legal knowledge. I can, however, draw on 40 years in the House of Commons, when, during most of that time, I had two prisons in my constituency. I used to hold surgeries in one of those prisons and met many of those who had been convicted. In almost every case, it seemed to me, whether the punishment was exactly accurate or not, they were deservedly punished. However, that was not always the case. I came across one or two cases, one of which I took to the Criminal Cases Review Commission under the great Professor Zellick—this country owes him a great deal for what he did. There were cases where I knew in my bones, as they say, that the people concerned were not guilty of the offence for which they had been imprisoned.

There is nothing worse that a society which bases itself on the rule of law can do than to send someone to jail, to incarcerate someone, for a crime of which he is not guilty. I often quote the old adage which will be familiar to every one of your Lordships: it is far better that a guilty person goes free than that an innocent one is imprisoned.

As I understand it from the erudite and persuasive speeches to which we have listened, we are talking about how we treat individual human beings and how we, as a society based on the rule of law, deal with those who successfully appeal against their convictions. No one can measure in financial terms the anguish, the destruction of life, that incarceration for a crime one has not committed inflicts not just on the individual concerned but, in the case of one prisoner I have in mind, his family—his children and wife. His marriage was ruined, his career was destroyed, his business was destroyed. You cannot adequately compensate for that. You can have laws which make it possible in some tiny measure to recompense for the anguish that society has inflicted on the unjustly imprisoned person.

What I have heard this afternoon makes me utterly convinced that it should not be up to that individual to be able to demonstrate beyond any doubt that he or she is innocent. After all, in some cases—one or two have been cited this afternoon—that person will have been in prison for a decade or more. Most of the material witnesses to the event may be dead or have dementia, or something. How can you prove innocence? If the conviction is so unsafe as to restore to life—one thinks of The Tale of Two Cities—someone who has been imprisoned for a very long time, we should err on the side of generosity and not place further tests on them.

We have heard from some of the most eminent lawyers in our land this afternoon. They have spoken with quiet passion but total conviction and I believe that we should heed what they have said. I hope that my noble friend, who is newly on the Front Bench, but very deservedly so, will be able to show that he has reflected and that we will be able to make some real progress by not altering the law in the way currently proposed but heeding the wise words of the amendment moved so eloquently by the noble Lord, Lord Pannick.