Infected Blood Inquiry

Debate between Earl Howe and Viscount Hailsham

Wednesday 24th April 2024 Lords Chamber

[Earl Howe (Con)]

As the noble Baroness rightly says, it has been known for many years that many dozens of children with haemophilia at Treloar school in Hampshire were infected with HIV and hepatitis C in the 1980s through contaminated blood products. We are acutely aware of the distress and suffering of those individuals and of the bereaved families of those who have died. We expect Sir Brian Langstaff’s report to reveal the full circumstances of how this appalling tragedy came about.

The Government’s aim is to deliver compensation to those eligible as speedily as possible. Government amendments to the Victims and Prisoners Bill are designed to do this. One particular amendment will set up an arm’s-length body to deliver the compensation scheme, as recommended by Sir Brian. It will provide for interim payments to a particular group who have so far received no compensation, and for early commencement of the ALB and the interim payments. The ALB will be set up straightaway in shadow form, led by an interim chief executive, so that the practical work for delivering compensation can begin as soon as possible.

[Viscount Hailsham (Con)]

My Lords, in noting what my noble friend the Minister said, on the matter of compensation, I am sure he will agree that those who received inflected blood products, or their estates if they are deceased, should receive early compensation. That also applies to dependants who can establish clear financial loss. Beyond that, should we not be a bit cautious about compensation? Otherwise, the bill will be colossal.

[Earl Howe (Con)]

My noble friend is quite right to highlight what is likely to be a very significant impact on the public finances as a result of compensation in this area. It is important that any decisions on compensation funding are taken carefully. I think the House would expect the Government to work through the associated costs to the public sector while considering the needs of members of the community and the very far-reaching impacts this scandal has had on their lives.

Media and Lobby Briefings

Debate between Earl Howe and Viscount Hailsham

Tuesday 4th February 2020 Lords Chamber

[Earl Howe]

My Lords, the Government support a free and open press, and we will continue to do so. I can only re-emphasise that there has been no attempt whatever to deprive journalists of information on any matter of government policy.

[Viscount Hailsham (Con)]

My Lords—

[Baroness Bonham-Carter of Yarnbury (LD)]

My Lords, Downing Street’s director of communications, Lee Cain, said:

“We are welcome to brief whoever we want whenever we want”.


But does the noble Earl not agree that this democratically elected Government are not welcome to ban whatever news outlet or journalist they want whenever they want? What were the criteria for this smaller meeting and where was the transparency? When does a smaller meeting shrink so much that it becomes Dominic Cummings or some other special adviser on his or her own?

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[Viscount Hailsham]

My Lords, I apologise to the noble Baroness, Lady Bonham-Carter. Unfortunately, I am deaf in one ear and I do not always spot where people are speaking from. I hope that she will forgive me.

I must ask my noble friend: if the facts were so clear and in accordance with precedent, why did several respectable journalists from respectable organisations feel they had to leave as a protest?

[Earl Howe]

I cannot comment on whether there was a genuine misunderstanding or whether certain people chose to misunderstand the basis on which invitations had been issued.

Constitution, Democracy and Rights Commission: Civil Society

Debate between Earl Howe and Viscount Hailsham

Tuesday 14th January 2020 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, may I suggest to my noble friend that, in order to enhance the status of the commission, it be made a royal commission? Alternatively—here I may be pre-empting a point to be made by my noble friend Lord Cormack—it might be made a subject of a Speakers’ conference, as suggested by my noble friend in his speech during the debate on the gracious Speech last week.

[Earl Howe]

My Lords, I have read my noble friend’s speech of last week, and the points he made have been registered. I can say again only that no decisions have been taken on the precise form that the commission should take. However, the most important thing is for it and the work that it does to command public confidence.

Prorogation Recall

Debate between Earl Howe and Viscount Hailsham

Tuesday 3rd September 2019 Lords Chamber

[Earl Howe]

He believes strongly that the focus must now be on obtaining an acceptable deal from the EU Commission and being given time to do that. He is clear that there is a strong chance that he will be successful.

[Viscount Hailsham (Con)]

My Lords, there are at least four members of the Cabinet who during the leadership election protested strongly against Prorogation in the present circumstances, and there are many members of the Cabinet who are calling for the deselection of Conservative Members of Parliament for voting against the Government when they themselves have done that on many occasions in many months. If this were the conduct of Labour Ministers under Mr Corbyn, how would my noble friend the Minister characterise such conduct? Would he use the words “hypocrisy”, “double standards”, “outrageous” and “deplorable”? If not, why not?

Investigatory Powers Bill

Debate between Earl Howe and Viscount Hailsham

Monday 11th July 2016 Lords Chamber

[Earl Howe]

My Lords, I can do no other than have particular regard to the noble Lord’s advice. I shall gladly reflect on what he has said. It is a rash Minister who does not take account of advice from the noble Lord.

[Viscount Hailsham (Con)]

May I press my noble friend more on this point? With regard to subsection (3), there is a test of relevance. Subject to the test of relevance, it seems to me that, under subsection (4), the public authority can in effect have regard to any consideration it deems fit. Is that correct?

[Earl Howe]

As I have said, it is not intended to be an exclusive list. There are, of course, factors that may well be relevant and a public authority will wish to have regard to that are not included in the list. We did not intend the list to be exclusive. However, I am grateful to my noble friend and, once again, I will take advice on whether the wording quite fits the intent.

The House has a proud tradition of respect for human rights. The Human Rights Act is referred to in Clauses 1 and 2. It is the Government’s view that those references make it absolutely explicit that the obligations and protections in that Act apply to the exercise of functions under the Bill. While I am sympathetic to the intention behind Amendments 9 and 13 and I listened with care to the noble Lord, Lord Lester, as I always do, I do not think the amendments are necessary. Public bodies are already required to act in accordance with the Human Rights Act 1998. Our position is aligned. The Human Rights Act is not an optional consideration when exercising the investigatory powers in the Bill. The Government consider it unnecessary to restate the position for that reason. Furthermore, we do not want to cast doubt in other places in statute where it is not restated, as that may serve actually to undermine the strong standing of the Act and the rights contained within it.

Turning to Amendment 10, I do not believe there is a divergence in principle here; this is merely a matter of drafting. The clause sets out that a public authority must have regard to certain considerations, and that duty is subject to the need to have regard to other considerations that exist elsewhere in the law. It would be superfluous to state that public authorities must have regard to things that they already must have regard to. For example, a warrant can be issued only where it is necessary and proportionate, and this is explicit in the relevant parts of the Bill. Equally, the need to comply with the Human Rights Act is encompassed within that Act: it does not need to be restated here. I hope that provides some reassurance and that the noble Baroness will, on that basis, choose not to press this amendment.

On Amendment 11, Clause 2(2) sets out the principles that public authorities must have regard to when exercising certain functions under the Bill. It is not an exhaustive list, and subsection (4) sets out some of the other factors that may be taken into consideration. Again, I emphasise that subsection (4) does not contain an exhaustive list. There will be other principles outside this list that public authorities will need to have regard to, and we should not cast doubt over that, as the amendment would.

My noble friend Lord Hailsham questioned the use of the word “may” as opposed to “must”. The use of “may” in subsection (4) should not be taken to imply that it is optional for public authorities to have regard to the principles listed in that subsection. The law requires, for example, that public authorities must always comply with their obligations under the Human Rights Act.

There are of course some factors listed at subsection (4) that will not be relevant in all circumstances: for example, it may not be meaningful, when modifying a national security warrant, to have regard to the public interest in the prevention of serious crime. But, to be clear, the use of the word “may” does not absolve public authorities from their wider obligations under this Bill or any other legislation.

I turn now to Amendment 12. Economic well-being is of course one of the statutory purposes of the security and intelligence agencies, and the reference to it in Clause 2 is intended to reflect that—nothing more. When powers under the Bill are authorised in the interests of the economic well-being of the United Kingdom, there must be a link to national security. The language at Clause 2 does not alter or undermine that; it simply reflects the statutory purposes of the agencies. As drafted, Clause 2 provides clarity and consistency with existing legislation. Given the specific limitations elsewhere in the Bill, any amendment to Clause 2 along the proposed lines is unnecessary.

Amendment 14 is the final one in this group. Your Lordships’ Committee is in no doubt of the importance of the office of the Independent Reviewer of Terrorism Legislation. David Anderson QC, who has occupied the role since February 2011 and whom both my right honourable friend the Home Secretary and I hold in the highest regard, does an excellent job of reviewing key counterterrorism statutes. His independent oversight and recommendations help us to ensure that our counterterrorism legislation is fair, effective and proportionate, and that it strikes an appropriate balance in the face of the very real and serious threat we face from terrorism.

Following the passage of the Counter-Terrorism and Security Act 2015, the Government undertook a consultation on whether David Anderson would benefit in his role from the support of a privacy and civil liberties oversight board. Having been informed by a public consultation on the board’s establishment, by David Anderson’s own recommendations on this matter and by the need to ensure the best value for public money, the Government decided that they could most effectively support the reviewer in discharging his statutory functions by instead providing him with specialist legal assistance in the form that he recommended in his July 2014 annual report.

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[Viscount Hailsham]

Could I press my noble friend a little more on Amendment 66? Of course I understand that there will be circumstances when written consent cannot be made, but there will be many other circumstances when it can be obtained. I note, for example, that it involves the consent of both parties. That suggests that it happens some time before the interception takes place. I should have thought it perfectly possible to have a proviso that the consent should in general be forthcoming and evidenced in writing, but that there should be a disapplication in urgent situations. In dealing with that matter, can my noble friend help me as to why we have subsection (2) as well as subsection (1) of Clause 42?

[Earl Howe]

My Lords, I am very sorry to have to disagree with my noble friend about the consent in writing, which would be likely to result in completely impractical situations. It is not clear what real advantage would be gained. In any case, most of the time, prior consent in writing would simply not be an option. Taking the example again of a telephone call, it is difficult to see how the normal transaction of business would not be completely impeded if we insisted on this provision.

I shall endeavour to respond to my noble friend about his question on subsections (1) and (2). I do not have a ready interpretation to give him now but, if I can during the proceedings, I shall do so.

Report of the Iraq Inquiry

Debate between Earl Howe and Viscount Hailsham

Wednesday 6th July 2016 Lords Chamber

[Earl Howe]

My Lords, it is very important to make that distinction. At the same time, it behoves those in the Ministry of Defence, particularly at a high level, to reflect on what more might have been done to support troops in the field. There is a criticism in the report, as the noble Lord will know, about the equipment that our troops had—the noble and learned Lord referred to this. There are two elements to that criticism: one is that the equipment was inadequate and/or deficient; the other is that the Ministry of Defence and the senior military did not respond quickly enough to reports from the field that improvements should be made. It is very much the latter, as much as the former issue, that we should now reflect on.

[Viscount Hailsham (Con)]

My Lords, does the Minister agree that, while there are many criticisms of the Government contained in the Chilcot report, we should remember that Mr Blair and his colleagues were not actuated by ignoble motives but were, rather, seeking to sustain the national interest? I say that as one who was not misled by what happened—I voted against the Iraq war. I am glad to say that I played a part in drafting the Motion against it. I also had a Motion on the Order Paper in the other House calling for Mr Blair to be called to account, if necessary by impeachment. But, that said, is it not right that we should temper our criticisms by bearing in mind that Mr Blair and his colleagues were seeking to serve the national interest and were not motivated by ignoble motives?

[Earl Howe]

I fully agree with my noble friend. I think that, in reading the report, there is no suggestion that Sir John has reached that adverse conclusion about Mr Blair’s motives. Indeed, it is apparent how dedicated Mr Blair was at the time to pursuing what he judged to be the right course for the nation. We may or may not agree with what he did, but there is no doubting his integrity or his dedication.

Refugees and Migrants: Royal Navy and NATO Interception in Mediterranean

Debate between Earl Howe and Viscount Hailsham

Monday 7th March 2016 Lords Chamber

[Earl Howe]

My Lords, if it became necessary for our ships to dock in a Turkish port for any overriding reason, I have no doubt that the Turkish authorities would allow us to do that—but not to disembark anyone that we may have picked up en route; it would be purely for the servicing of those ships. But I do not anticipate that that will be necessary. As regards asylum claims, it is important to understand that migrants cannot make claims for asylum in the UK on UK-flagged vessels outside UK territorial waters—lest that should be a concern of the noble Baroness. If we do pick up any migrants—again, I stress that that is not our primary role—we would take them to Greece in the first instance.

[Viscount Hailsham (Con)]

My Lords, can the Minister tell the House the degree to which we are liaising with the Turkish authorities? It really does seem that the Turks are much better placed to stop those ships leaving their coasts than we are to intercept them on their way.

[Earl Howe]

My noble friend is absolutely right. This is why NATO is in a support role, as I emphasised, to alert the authorities in the Turkish coastguard and FRONTEX, which is the EU border control agency, to intercept the ships. It is not our role to intercept those ships; it is for the Turkish and, if need be, the Greek coastguard authorities. They have assets in the area which are well placed to do that.