Counter-Terrorism and Border Security Bill

Debate between Baroness Kennedy of Shaws and Lord Judd

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 31st October 2018 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too support the noble Lord, Lord Anderson, in what he said about the wide nature of what is suggested in the clause. Unlike the two previous speakers, my experience in this field is by acting in cases. I have acted for family members such as wives on a number of different occasions, and it is important that we maintain the trust of families and communities. Drawing legislation too widely will in many ways reduce the effectiveness of the state in seeking to deal with terrorism.

The noble Lord, Lord Anderson, was absolutely right to say that we have to be mindful of the parameters of this. Academics who have analysed what has taken place in the past and what is and is not effective have been our advisers on what is likely to work. So I hope that the Government will listen, look again and agree that Amendment 39 might be an appropriate way of restricting these powers.

[Lord Judd (Lab)]

My Lords, like the previous amendment, Amendment 39 comes close to the overriding, overarching issue of how we protect our security without changing the nature of our society from the society we want to protect. It is a delicate path which we have to tread carefully. I know that the Minister takes this point seriously, but the last amendment and this one come close to that consideration.

We must always remember that in these situations it is not only the people immediately involved to whom action may convey messages but the wider community. We must bust a gut in difficult situations to ensure that we always demonstrate that we are a different kind of society in which the principles of law matter and we do not lightly undermine them.

British Bill of Rights

Debate between Baroness Kennedy of Shaws and Lord Judd

Thursday 20th June 2013 Lords Chamber

[Lord Judd]

My Lords, as one who was at school with the noble Lord, Lord Lester, I can share with this House the fact that there was absolutely no doubt whatever among his contemporaries as students, or indeed the staff at the time, that he was going to make a powerful contribution to the future of this country. The fact that he has made it in the context of the realm of human rights is something from which a lot of us take a great deal of joy and satisfaction.

I have just indicated and underlined my age. At the age of 13, my father took me with him to an international conference he was organising in Geneva. At that conference, I had the privilege of meeting Eleanor Roosevelt and I had the pleasure of listening to Eleanor Roosevelt. As I listened to this debate and the anxieties that have been expressed, I reflect on the huge gap between life as it is today and life as it was in the immediate aftermath of the Second World War. There was a passionate conviction which gave her her strength and power, together with all those working with her, that human rights were not just a moral option in the way you organised your society. With all the searing experience of the human suffering of the Second World War, human rights were an absolutely essential and indispensable pillar of a stable and secure society. We have somehow lost that underlying basic philosophy and conviction. Discussion is all about the management of human rights, the operation of human rights law and the rest. We cannot repeat that conviction too often.

If I am allowed to draw on personal experience, as someone who has no legal qualifications whatever, but as somebody who has spent most of his life working in the humanitarian sphere outside this House, I can say that pretty well every month of every year in my practical work, I have seen again and again the crucial importance of human rights to the cause of improving the well-being and potential of our fellow human beings across the world.

I declare an interest as a member of the advisory board of the London School of Economics Centre for the Study of Human Rights. I think, and I say this sometimes at meetings of the board, that we have to take seriously the criticism that is sometimes loosely used about the human rights industry. To some people, there is a perception which we have to examine that there is a human rights industry—the chance of academic prowess and postgraduate degrees, a preoccupation with much legal discussion about it all, and the rest. It seems to me that we need to reconnect—that has come across in this debate very well—the whole cause and indispensability of human rights to real experiences and the real lives of people. That is an argument for a Bill of Rights which cannot just be dismissed. As I understand it as a layman, the strength of law at its best is when it underpins an ethic which is broadly there in society. It will never bring everybody on board, but an ethic is substantially there among people instinctively that this is the kind of society in which they want to live. This law underpins that reality and helps those who want to distort or abuse it to be dealt with.

It seems to me that a gap has developed here because people do not feel they own human rights law. They see people, as it were, operating downstream in the context of the human rights law that has been created. It is very important to go back to source and reargue the case for human rights and their indispensability. We have to look at that, of course, in the context of our educational system and elsewhere, and look at how seriously we are taking discussion and debate about human rights, and why they are so important, in our educational system. As the noble Lord, Lord Lester, will remember, we were both involved in the Council for Education in World Citizenship in those days. It was a very lively body of sixth-formers across the country with the whole cause of preparing for citizenship. Taking these things seriously was central to our preoccupations. The Christmas holiday lectures were packed. I am talking about the enthusiasm, commitment and integrity of someone such as Eleanor Roosevelt and the passion that she brought to this because of her experience of the war years.

I apologise if I am reminiscing too much, but this is important because these were the formative years. I recall that, slightly precociously, we had a youth parliament in the constituency in which I lived as a youngster. In that youth parliament, by our own choice, we took the Universal Declaration of Human Rights and set about deciding and discussing how we would put it into action in our own society. These things were vivid in the culture at the time. There has been a certain amount of subjective interpretation about history, even in this debate. I can remember that there were Conservatives then who shared this concern and passion every bit as strongly as I did as a member of the Labour League of Youth. As the noble and learned Lord, Lord Woolf, emphasised, there seems to be a real need to regenerate this cause of human rights and to highlight their indispensability for society.

There is another issue. If I have come to one conclusion in the course of my life, it is that the first reality for all of us is that, from the day we are born, we live in a totally interdependent global community. I worry about any action on our part in this country that undermines that understanding and reality. It seems very important, in a realm as crucial as human rights, that we have objectives, aspirations and convictions towards which we try to encourage all our fellow citizens across the world community to strive. If we start a process which begins to suggest that human rights are things that you look at in a national context and put first into your national culture, I wonder how far we are helping the world to face up to this reality of interdependence and making a really constructive and imaginative contribution to the emergence of a better society and better values.

The noble and learned Lord, Lord Woolf, talked about the rule of law and its importance. As a layman, I know that I want to live in a society which observes the rule of law. However, there is a huge debate about what that law should be. It seems to me that what we are all seeking is justice. What matters is how we strengthen the debate about what justice is and how justice should be reflected in the law—it is not just about having a rule of law, it is about ensuring that the rule of law reflects the cause of justice, of which human rights are a part. Sometimes I wonder whether we have to use the term “human rights”—which has become so stereotyped—and to what extent we are really not just talking about justice.

I am afraid that you cannot look at this debate, and the possibilities for change, without examining the context of the dynamic in which it takes place. It would certainly be very naive to try to do that. If I am allowed to make so bold, noble Lords in this debate have been a little cautious about facing up to some of the crude realities here. I wonder whether people in years to come will see it as altogether a coincidence that, at a time when we have the reassertion of rather crude and unpleasant nationalist populism, there is debate about whether we could have a Bill of Rights for Britain.

Are the dynamics surrounding that exercise going to be about justice and the cause of humanity, and how far are they going to be about “Let us run Britain in a British way”—whatever we mean by Britain and a British way—with which everyone is expected to conform but which does not necessarily represent the realities of our society and the creative potential of our society as a multicultural society? This is a huge debate and we should not drift into it inadvertently. Debates like this are absolutely indispensable and I thank the noble Lord for having initiated it.

It has been a privilege for me to listen to so many wise speeches. I am a great friend and ally of my noble friend Lady Kennedy. I hope she will forgive me saying that I was not really very happy with her seeming to imply that there were no Conservatives who care about human rights and the things I have been talking about every bit as much as I do. In the noble Lord, Lord Gold, we have a classic example of a Conservative who not only feels these things but feels them so sincerely and deeply that he can express himself very well in a debate of this kind, in a way that is quite challenging to a lot of other people.

[Baroness Kennedy of The Shaws]

That cannot go unchallenged. I think that my noble and very dear friend Lord Judd, when he sees my remarks in Hansard, will see that I referred all the way through to the sensible Conservatives who recognise the value of human rights and realise that they are different from the European Union. I paid tribute to them all, and indeed paid tribute to the noble Lord, Lord Gold.

[Lord Judd]

My Lords, I am sure that the noble Baroness and I will continue this discussion in many places for long weeks ahead because we are very good friends. I certainly accept her qualification about the words she used. She also suggested rather that it was the Conservative Party with which it was impossible to do business. The society I want to live in by definition is one in which the Conservative Party is as committed to the things I am talking about as anybody else. We should be strengthening the elements within the Conservative Party who share our convictions and speeding the day when we can all speak together. Again, I say we should all be grateful to the noble Lord, Lord Lester.

Terrorism Prevention and Investigation Measures Bill

Debate between Baroness Kennedy of Shaws and Lord Judd

Tuesday 15th November 2011 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, I, too, support the amendment. It was always a great source of regret and sorrow to me that during Labour’s years in government we saw an erosion of the standards of proof on many different fronts. I remember getting support from the Conservative Benches and agreement that erosions of the standard of proof were taking place. Therefore, this rather strange volte-face by the coalition Government has come as a surprise to me. I want the Government to think again about this erosion of the standard of proof. As noble Lords who have already spoken have said, the consequences are serious. This House should not contemplate having anything less than the balance of probabilities.

[Lord Judd]

My Lords, I, too, support the amendment. Inevitably my argument relates back to what I said on a previous amendment, but it is absolutely crucial that we should have the maximum possible support across all communities for what is being done. If the Secretary of State is to have these great powers, which the House has reaffirmed today, then we must fall over backwards to ensure that justice is nevertheless seen to be done, and not just done. In that sense, it must be very convincing indeed when the Secretary of State acts. The amendment is wise and sensible. The absence of the provisions in the amendment again undermines the battle for the hearts and minds of the impressionable young.