Death Penalty: Global Abolition

Debate between Lord Alton of Liverpool and Lord Wallace of Tankerness

Wednesday 10th October 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, Iran is one of the priority countries that have been identified. The House will know what I mean when I say that sometimes to get international engagement with Iran is not the easiest thing in the world. I would certainly utterly condemn execution generally, but particularly the execution of juveniles, as the noble Baroness says. We would want to call on the Iranian authorities to cease their use of the death penalty and follow the global trend towards abolition. It is not just the United Kingdom Government who want to see that; we engage with the international community generally to put pressure on Iran.

[Lord Alton of Liverpool]

My Lords, did the Minister see the resolution of the European Parliament calling for an immediate end to public executions in North Korea? I stood a few days ago at Tumen on the river Tumen, which separates North Korea from China, a place where people are summarily executed as they try to flee from their country. Members of your Lordships’ House will be aware that China repatriates people who escape from North Korea, some of whom are thrown into gulags, where there are 200,000 people, and some of whom are executed. Will the Minister tell the House what representations we are making in our bilateral discussions with China about the use of the death penalty there and about repatriations to North Korea; and whether we have we raised these matters directly with the North Koreans?

[Lord Wallace of Tankerness]

My Lords, I am not familiar with the European Parliament resolution to which the noble Lord refers, but I can confirm that we regularly make representations to the Chinese Government on the death penalty and last raised this issue with the Chinese in May this year. We will continue to do so whenever we can. I regret that I cannot give a more specific answer with regard to people who are repatriated to North Korea, but I shall ensure that the noble Lord’s concerns on that specific point are drawn to my colleagues’ attention in the Foreign and Commonwealth Office.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Alton of Liverpool and Lord Wallace of Tankerness

Tuesday 24th January 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I will double-check on that. I would in no way wish to mislead, but on judicial review paragraph 17 indicates that,

“civil legal services are to be provided in respect of an enactment, decision, act or omission”.

It is certainly my understanding that that is the case, but I shall conclude my speech and double-check that. That paragraph of Schedule 1 will apply and entitle Gypsies and Travellers in the same way as it entitles others. I am as certain as I can be that that is the case, but the noble Baroness gave some very specific examples. Perhaps the best thing for me to do would be to set out in writing to her, and circulate it to those who have taken part in our debate, precisely the position in regard to the very specific cases that she raised in her intervention. I hope that she will accept that. There is certainly a general power or provision to bring within scope judicial review cases, and I believe that that addresses the point, but I want to be absolutely certain with regard to the specific issues that she raised. Obviously, other Members of the Committee who have contributed to the debate will be copied into that letter.

Amendment 79 relates to this and brings in issues of planning. I hope that I can reassure the Committee, and my noble friend in particular, that it is unnecessary. Planning matters that concern eviction from home will remain in scope under paragraph 28 of Part 1 of Schedule 1. Accordingly, legal aid will, for example, remain available to defend an application for an injunction to evict a person from a site under Section 187B of the Town and Country Planning Act 1990 or for a planning appeal under Sections 288 and 289 that might result in the individual being legally required to leave their home, including the land where the home is located.

The noble Lord, Lord Alton of Liverpool, and my noble friend in moving his amendment raised the Dale Farm-type situations. To look at the legal issue that arises in relation to the amendment, we are retaining legal aid for eviction cases, including eviction from a mobile home or a caravan site. Legal aid will remain available for eviction from an unauthorised development, subject to the means and merits tests, as apply in other cases. It is important to distinguish those cases from situations where people have set up unauthorised encampments. So there is a difference between an unauthorised development and an unauthorised encampment on a site that they neither own nor have permission to enter. In these circumstances, they would be outwith the scope, as I have indicated; but if the issue is one of an unauthorised development on property that they own and have a legitimate right to be there, legal aid would be available.

Amendments 87 and 88 refer to “trespass to land” in Part 2 of Schedule 1. Amendment 88 concerns cases where the client is trespassing on land, including land surrounding a building, but is not trespassing in the building itself. I recall in a debate that we had last week under an amendment moved by my noble friend Lord Carlile of Berriew that we sought to reiterate that the reference in this part of Schedule 1, specifically to “trespass to land”, is not intended to generally exclude matters falling within Part 1 of Schedule 1 that involve trespass to land but to generally prevent funding for the tort of trespass to land. I indicated during last week’s Committee debate that we are giving active consideration to the exclusions in Part 2 of Schedule 1 generally to ensure that the drafting fully delivers on that particular intention. Clearly, we will look at the particular issue raised in regard to the specifics of trespass to land in this context when looking at whether the Bill as drafted delivers what is intended.

Part 2 of Schedule 1 generally excludes funding for tort claims, because they are primarily concerned with money and alternative funding arrangements can be made available through conditional fee agreements. However, tort claims for trespass to land are not excluded under the Bill where they concern allegations of the abuse of position or power or a significant breach of human rights by a public authority.

The debate has ranged more widely, and I am sure that if the House has not debated the wider issues in recent times, they merit a debate sooner rather than later. The Government understand the issues here and consulted on their new draft planning policy for Traveller sites over last summer. The Department for Communities and Local Government is considering all the consultation responses and intends to publish the new policy as soon as possible. Let me just put on the record that the Government are taking measures to ensure fair and effective provision of authorised sites for Travellers more generally, which seemed to be one of the issues being raised, including providing £60 million in England over the current spending period to help local authorities and other registered providers to build new Traveller sites in consultation with local communities. Councils will also be given incentives to deliver new housing, including Traveller sites, through the new homes bonus scheme.

For the reasons given, and with some of the reassurances that I have given on the scope being not quite as narrow as has perhaps been thought, I hope that my noble friend will agree to withdraw his amendment. As I have indicated, I will certainly respond—

[Lord Alton of Liverpool]

Before the noble and learned Lord completes his remarks, I asked him a couple of specific questions. I realise that he may not have the answers to them now, but they would help us to keep this issue in context, especially when we get to Report. He has just given some information about the amount of money that the Government are going to spend, and that is welcome. However, could he in due course tell us more about the numbers of unauthorised sites and how many such cases using legal aid there have been—perhaps over the past decade, and certainly in the course of the past year—and what that has cost the public purse?

[Lord Wallace of Tankerness]

I apologise to the noble Lord for omitting to address that. When writing I cannot be certain either that the information is available in the form that he wishes or how easy it might be to extract what the specific nature of some of those cases was, but to the extent that we are able to provide the relevant information I will certainly do so at the same time as I respond to the noble Baroness, Lady Whitaker.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Alton of Liverpool and Lord Wallace of Tankerness

Monday 20th December 2010 Lords Chamber

[Lord Wallace of Tankerness]

I think I also said in my response earlier that the length of any possible delay would depend upon whether action needed to be taken as a consequence of that ruling and whether there was a knock-on. I also indicated that as the Bill stands the Boundary Commission review would have to report by 1 October 2013, and that is what we wish to put into statute.

[Lord Alton of Liverpool]

Just before we leave the point about those special exemptions to which the noble Lord, Lord Soley, and others have referred, in order to avoid the need for judicial reviews later on or for discussion when we get to later parts of this Bill, could the Minister isolate for us those constituencies that are in dispute? Mr Andrew Turner from the Isle of Wight has written to each of us, as has the leader of Cornwall Council, and the noble Lord, Lord Anderson, mentioned Ynys Môn. If just those three examples are as narrow as that, would it not be sensible between now and Report, in the spirit mentioned by the noble Lords, Lord Bach and Lord Rooker, earlier, for the officials of the noble and learned Lord’s department to meet representatives from those areas to see whether further exemptions could be made?

[Lord Wallace of Tankerness]

The noble Lord is right to identify the ones he has. The others were, I think, incorporated into an amendment that was moved in the other place and that related to some of the highlands seats and Argyll and Bute. I hear what he says. I can assure him that I have already met elected Members from Cornwall as well as elected Members from the highlands and islands of Scotland on these issues. We are certainly alive to the issues that he has raised, and I have no doubt that we will have plenty of opportunity to debate them in due course when we return in the new year.