Sex Offenders Register

Debate between Baroness Neville-Jones and Lord Thomas of Gresford

Wednesday 16th February 2011 Lords Chamber

[Lord Thomas of Gresford]

My Lords, can I express my sense of shame at hearing the language that has been used in this Statement? It is precisely the sort of thing that we attacked for years when we were in opposition and I am very sorry to hear that this headline-grabbing language is being used again. Like the noble Baroness, I simply do not understand why applications for the removal of a name from the register should not be made in an open and transparent way before a court. After all, it is the court that imposes the sentence of 30 months, which is the threshold when a person is placed upon the register for life. I see no principle—I see nothing—in this Statement that would assuage my feelings about it.

[Baroness Neville-Jones]

The noble Lord has certainly made his point. I fear there is very little that I can add to what I have already said, by way of explanation to the House, on why the Government have taken the view that they have about the right place to take this decision.

European Arrest Warrant and Investigation Order

Debate between Baroness Neville-Jones and Lord Thomas of Gresford

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, I hope that I have just indicated what we are doing. We think that we need some expert advice, so we have asked Sir Scott Baker to look at the operation of the European arrest warrant. He is due to report in September of this year and the Government will take action in the light of his report.

[Lord Thomas of Gresford]

Does not the Minister agree that habeas corpus is a process and not a principle? It is designed to make sure that a person who is in custody is there legally. If a European arrest warrant has been issued improperly, a writ of habeas corpus will succeed and, if not, it will fail. It is a simple issue and there is no conflict between the principles.

[Baroness Neville-Jones]

My Lords, in this House of legal eagles I hesitate, as a non-lawyer, to get on to the grounds, but I understand that the principle of habeas corpus is indeed a legal remedy against unlawful detention. It is therefore right to say that the European arrest warrant in principle is compliant. I accept entirely, however, that there is dissatisfaction with the warrant’s operation, which is what the Government have asked Sir Scott Baker to look into.

Linda Carty

Debate between Baroness Neville-Jones and Lord Thomas of Gresford

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, I can give the House that assurance. I hope that noble Lords will also accept that, in Linda Carty’s interests, we need to be able to judge the appropriate methodology. Therefore, the fact that we do not necessarily hear a lot all the time does not mean that we are not trying to take the most effective action that we can.

[Lord Thomas of Gresford]

Is the Minister aware that Mexico and Germany took the United States to the International Court of Justice and obtained a ruling that under international law it was illegal to execute a person who had not had the benefit of consular protection? Is the Minister aware that the lawyer who acted for Miss Carty did not obtain such protection? Will this Government take a step similar to that taken by Mexico and Germany in respect of their nationals?

[Baroness Neville-Jones]

My Lords, my noble friend is right to say that part of the problem in this case was that we were not notified by the Texas authorities, as should have been the case. That is one reason why our ability to help Miss Carty has come rather late in the day. As for the approach to the International Court of Justice, I am aware of that precedent. Our current advice is that it is not necessarily particularly helpful, but I certainly do not rule out pursuing that route if we have grounds to believe that it will help.