Identity Documents Bill

Debate between Baroness Neville-Jones and Lord Howarth of Newport

Tuesday 21st December 2010 Lords Chamber

[Baroness Neville-Jones]

I am neither confirming nor denying; I am simply saying that I cannot take this any further.

[Lord Howarth of Newport]

Is it the case that the noble Baroness does not know whether advice has been sought from the law officers, or is it that she thinks it is inappropriate to tell the House whether advice has been sought from the law officers?

[Baroness Neville-Jones]

I really have nothing more that I can say on this subject. Could I go on to the question of financial—

Identity Documents Bill

Debate between Baroness Neville-Jones and Lord Howarth of Newport

Tuesday 21st December 2010 Lords Chamber

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, I acknowledge that Members of your Lordships’ House sought earlier to determine whether I had, following Report, sought to obtain further legal advice. At the risk of repeating myself, let me say that the House will be aware that, by long-standing convention observed by successive Administrations and embodied in the Ministerial Code, the fact that law officers have or have not advised on a particular issue and the content of any advice are not disclosable outside the Government.

I have consulted Hansard and spoken to officials during the adjournment. I did say on Report that I would confirm the advice that we had received on legal aspects. I am able to confirm that I did just that, that the contents of the Bill are compatible with ECHR requirements and that I have given that commitment based on legal advice. I have taken appropriate legal advice at all stages of the Bill, including Report. I hope that noble Lords will appreciate that the convention of the House, which I have tried to follow, does not enable me to disclose the source of that advice, but I am satisfied that I have taken it.

[Lord Howarth of Newport]

My Lords—

[Baroness Anelay of St Johns]

My Lords, the Minister is fulfilling a commitment to the House. I think that the noble Lord is now graciously allowing her to do so.

Terrorism Act 2000

Debate between Baroness Neville-Jones and Lord Howarth of Newport

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the counterterrorism review is currently under way. It has not got so far that we have cast in stone our future intentions on Section 44 —indeed, in the light of what has happened, we will accelerate our consideration of it. We hope to bring forward revised legislation on this point in the context of the freedom Bill, and that means the autumn. We do not intend to let interim guidance lie as part of public policy an instant longer than is essential and necessary. I am sure that the House agrees that it is an untidy situation and we need to clear it up as soon as possible.

[Lord Howarth of Newport]

My Lords, while we always welcome the alertness of the judiciary in interpreting the law and its vigilance in championing civil liberties, is it not also the case that judges are apt to interpret the law without particular regard for the practical consequences of their judgment? Yesterday’s judgment in the Supreme Court will surely make it more likely that there will be a significant increase in the incidence of gay asylum-seekers seeking to come to this country and, while we abhor the persecution of gay people in the countries from which they seek to escape, there will be significant practical and political consequences of that judgement. We now have the judgment on Section 44. I note that the Government are not complaining about it, but it does not make it any easier for them to fulfil their paramount responsibility to protect the lives and safety of our people. Is it not the case that the responsibility of Ministers is more difficult and wide-ranging than the responsibility of judges, notably to balance freedom with security? Should we not be wary of a written constitution that would greatly increase the law-making powers of the judiciary? Does the Government continue to believe that Parliament is properly the sovereign law-making body in this country?

[Baroness Neville-Jones]

I have no doubt that it is the duty of Ministers to balance security with our freedoms. It is also the duty of the Government, Ministers and government agencies to act proportionately. In this judicial defeat, if I can put it that way, we are in the area of proportionality, and we have to adjust. As for the supremacy of Parliament, yes, of course it is supreme.

Immigration

Debate between Baroness Neville-Jones and Lord Howarth of Newport

Thursday 3rd June 2010 Lords Chamber

[Baroness Neville-Jones]

I can recognise wedge-driving when I see it. I do not think that there is a commitment on the part of the coalition to repeal the Human Rights Act. We are certainly going to look at the possibility of a Bill of Rights which is in conformity with the obligations that we have under the Human Rights Act.

[Lord Howarth of Newport]

What will the coalition do about control orders, of which the Conservative Party, the Liberal Democrat Party and the judges were so critical in recent years? Now that it has responsibility for the lives and safety of the people of this country, what will it do when there is the apprehension of individuals who there is good reason to believe are terrorists; who cannot be deported because of our adherence to the European convention; and against whom the evidence to secure a conviction cannot be produced in court for good reasons of national security?

[Baroness Neville-Jones]

My Lords, there are two parts to that question. In the particular case we are looking at, I can assure the House that appropriate safety measures have been taken in respect of the individuals concerned. As for control orders, the House may be aware that the coalition has a commitment to review their use. I cannot go further on what the outcome of that review will be until such time as we have conducted it. However, it is clear that we would like to reduce our reliance on such measures as is consistent with the security of this nation.