Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Lord Alderdice and Lord Falconer of Thoroton

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 24th November 2020 Lords Chamber

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

I have received a request to speak after the Minister from the noble and learned Lord, Lord Falconer of Thoroton.

[Lord Falconer of Thoroton (Lab)]

It is new, because CHIS conduct under the existing Bill significantly did not include criminal conduct. There was a little bit that was included, but this is a wholly different regime and I do not think it is right to say there is no change there. However, I did not rise to say that; I wanted to raise the point about being lawful for all purposes. If it is lawful for all purposes, tortious claims cannot be brought by the totally innocent victim—the person beaten up pursuant to the authority, assuming the person beaten up is not the subject of the CHIS but is just somebody caught up in it. Putting aside the Criminal Injuries Compensation Authority, which the noble and learned Lord will come back to us on, why should that person—singularly, throughout the whole of English civil law—not have a remedy? Is he saying that person does not have a remedy? If he is saying that they do, what is that remedy? Everyone else beaten up in the course of a crime has a tortious remedy.

United Kingdom Internal Market Bill

Debate between Lord Alderdice and Lord Falconer of Thoroton

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 2nd November 2020 Lords Chamber

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

I have received requests to speak after the Minister from the noble and learned Lord, Lord Falconer of Thoroton, and the noble Lord, Lord Fox.

[Lord Falconer of Thoroton (Lab)]

The noble Lord, Lord Callanan, referred to the idea of new professions being invented. If this happened, there would be a professional body that would need government recognition in some form. Could he give us an example, perhaps, of a new profession emerging without a professional body in relation to which there is a substantial risk? If there is no such example or evidence, it is incredibly unconvincing. The second and separate example he gave was an existing profession giving rise to a particular requirement that would create a barrier to entry in one part of the United Kingdom for another. Could he give an example of when that has happened in the past?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Alderdice and Lord Falconer of Thoroton

Monday 15th November 2010 Lords Chamber

[Lord Falconer of Thoroton]

I think that the mood of the House is that we should move to a vote on this matter, but perhaps I may deal with two points. It was disappointing that the Minister did not choose to answer them. I know that if I had been a Minister, I would have been provided with material that would have answered the points, and it was disappointing that what he sought to do was political burlesque.

I am grateful to the noble and learned Lord, Lord Lloyd of Berwick, for being the only person who gave a reasoned argument about why I was wrong. With the greatest respect to the noble and learned Lord, I submit that he is wrong because he has failed to deal with the Charlwood case, in which the issue which contributed to making it hybrid was two parishes saying, “We want to be in this county, governed by them and not in that county”. That was accepting the principle that localities are really interested and that it is a local issue as to which group they elect to local authorities and local councils. That was important in relation to it. I respectfully say to the noble and learned Lord, whom I respect greatly in every single respect, that he has had no opportunity to read either the opinion or what was said in relation to the Bill that I refer to, which is my fault rather than his. The threshold is whether or not there is an argument about it. No one other than the noble and learned Lord said that it was not arguable. I had the support of the former Attorney-General—

[Lord Alderdice]

My Lords, the noble and learned Lord must understand that many of us did not choose to make the argument, not because we do not feel strongly about it or do not have a very clear and argued case in our minds, but because we did not want to disadvantage the House in moving on to the Second Reading debate.

The noble and learned Lord must not mislead the House on this point, particularly when he talks about locality. The reality is that locality applies to every single constituency throughout the land. The point made by the noble Lord, Lord Grocott, is that if the Examiners start to meet, there is no reason why every single constituency might not come forward. It is not necessarily a matter of a week or 10 days at all. The question of locality is properly considered by the Boundary Commission when every constituency can look at local interest; it is not on a political motion about hybridity.

[Lord Falconer of Thoroton]

I apologise to the noble Lord, Lord Alderdice, for not knowing what his arguments were, but as he did not express them and I am not able to mind read, I could not deal with them. The Boundary Commission will not deal with the Western Isles and Orkney and Shetland because the effect of the Bill—this is my point—has been kept completely separate and out of the arrangements; therefore, their locality has been protected and no one else's has. I ask noble Lords to consider whether there is an argument about hybridity in this case. I say to those behind me as well as those in front of me, please address this as an issue on which this House has a good reputation. I beg leave to seek the opinion of the House.