European Convention on Human Rights

Lord Anderson of Swansea Excerpts

Thursday 17th July 2025 Lords Chamber

[Lord Anderson of Swansea (Lab)]

My Lords, there have been gross distortions in the right-wing press in this country with respect to the right-to-family-life decisions. Nevertheless, some of those decisions have been astonishing. Is the remedy therefore not in our own tribunal’s interpretation, which perhaps needs some form of clarification, rather than in the difficult process of amending the convention?

[Lord Ponsonby of Shulbrede (Lab)]

My noble friend makes a good point and is right. I think that we are repeating the same question in different ways, if I may say so. We have committed to addressing Article 8 rules within our own domestic legislation and there is the issue about the margin of appreciation, which I have referred to in answer to earlier questions.

UK-US Co-operation on Using Atomic Energy for Mutual Defence

Lord Anderson of Swansea Excerpts

Wednesday 23rd October 2024 Grand Committee

[Lord Anderson of Swansea (Lab)]

I am grateful to the Deputy Chairman for allowing me to speak in the gap. I had applied in proper form, but alas, there was a misunderstanding in the Government Whips’ Office. So here I am, and I am grateful.

I begin by congratulating my noble and learned friend Lord Goldsmith. He follows in the proud tradition of my noble friend Lady Hayter and my very good and late friend Lord Morris of Aberavon.

The report on the MDA gives some indication of the importance of the scrutiny role of the committee and, as the noble Lord, Lord Howell, and others mentioned, of the deficiencies in the current CRaG process—a point also made very well by my noble and learned friend Lord Goldsmith.

The agreement is absolutely fundamental to the excellent defence relationships between our two countries. The MDA provides for the exchange of nuclear material, technology and information, and the debate is also very timely, in that the UK is in the process of modernising its nuclear-powered submarine and the warheads.

This has been a unique defence and security relationship between us and the US. We have heard quite a lot of history during this debate. The McMahon Act 1946 banned the US from sharing its nuclear knowledge. That was modified in 1958, and co-operation then between the UK and the US was a precursor to the Polaris agreement of 1963.

I noted that in the presidential determination of 16 July recommending approval of the amendment, President Biden stated that it was in the interests of the US to continue to assist the UK in maintaining a credible nuclear deterrent,

“which will further improve our mutual defense posture and support our”

collective interests under NATO. It appears clear, from what we have heard as a committee, that the US will indeed shortly ratify these amendments.

As an aside, many years ago, in 1960, I joined the Foreign Office, and what struck me very forcefully at the time was the excellent personal relationships between members of the US Administration and senior members of the Foreign Office, many of whom had served in the US during the war—people such as Sir Frank Lee and Sir Arnold France—and had built up excellent personal relationships. Alas, I do not believe that those personal relationships, which inspire confidence and trust, exist in quite the same way today.

Pace the noble Lord, Lord Hannan, it may well be that, in the current context, the US might be looking not just at the UK for that special relationship but at France and possibly other countries. France was, of course, upended by the AUKUS agreement and may well be brought in now, in some subsidiary way.

Power relationships and the context of today are very different from 1958 and 1959. I hope that the Government will indicate whether they foresee a possible change if there were to be a change of government in the US following the presidential election.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

I point out to my noble friend that there is a four-minute time limit to interventions in the gap.

[Lord Anderson of Swansea (Lab)]

In that case I end simply by stating—although there is plenty of time left—that there is clearly concern about parliamentary oversight. When the committee met Mr Pitt-Rashid of the MoD, he conceded that the removal of this amendment was “not a great disadvantage”. Surely we would not expect the US to be concerned about our parliamentary procedure, nor should we be concerned about the US. Its removal can be done without difficulty.

I make one point in relation to the noble Lord, Lord Verdirame. The question of relying on a Minister to give an assurance is fundamentally different from having an obligation set in statute.

European Court of Human Rights: Rule 39

Lord Anderson of Swansea Excerpts

Tuesday 6th June 2023 Lords Chamber

[Lord Bellamy (Con)]

With respect to the noble Baroness, that question does not arise. The Government have no intention of going to Strasbourg on that issue. Article 8 is a very important part of the convention, which is also part of domestic law through the Human Rights Act. The subject of today’s question is the Rule 39 power, which is quite a difficult question.

[Lord Anderson of Swansea (Lab)]

My Lords, with his usual reasonableness, the Minister appears to accept that such emergency and interim measures are not uncommon in international legal matters. He confirmed that the difference this time is that a group of right-wing people, led by the Home Secretary, take issue with one decision by a judge seeking to protect the human rights of other individuals.

[Lord Bellamy (Con)]

My Lords, interim measures play a very important part in the international jurisdiction. I respectfully point out that as far as I know, the process by which the Strasbourg court grants interim measures is different from that of the International Court of Justice, the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights, all of which provide for a proper hearing, a return date, and reasoned judgments—which are sadly lacking at the moment in the Strasbourg process in some cases.

Parole Board Recommendations: Open Conditions

Lord Anderson of Swansea Excerpts

Thursday 25th May 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I cannot as of today accept that proposition. I entirely see the arguments, it is a very big question and I am sure we will discuss it on a future occasion.

[Lord Anderson of Swansea (Lab)]

My Lords, presumably the Secretary of State has access to all the information that the Parole Board has, and the Parole Board is well aware of all the relevant matters, so why the difference? Should the Secretary of State give reasons for rejecting the recommendations?

[Lord Bellamy (Con)]

The Secretary of State gives reasons in every individual case, and those cases can be challenged.

Her Late Majesty Queen Elizabeth II

Lord Anderson of Swansea Excerpts

Saturday 10th September 2022 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, we have heard many wonderful tributes to Her late Majesty Queen Elizabeth II. Like others, I want to give thanks for her life of service, love and humility, rooted in her faith in Jesus Christ. I am delighted that the most reverend Primate the Archbishop of York mentioned those jigsaws and those barbecues in winter. The right reverend Prelate the Bishop of London, in a moving and poignant way, mentioned the experience of paying homage. I want to add one slightly amusing story to the wealth of tributes that relate to paying homage because, as has been said, our late Queen had an amazing smile and a great sense of humour.

As with all diocesan bishops, after I was announced as Bishop of Gloucester, I went to Buckingham Palace to pay homage. I was the first female diocesan bishop she had ever received and there was a certain amount of fluttering before the doors opened about whether I should curtsy or bow, wearing my robes. Just before we went in when, as usual, the Bible was being carried in on a cushion open at the verse I had chosen, I was told that I would be asked to kiss the Bible at the appropriate moment. There were a few moments of anxiety as I said, “I can’t possibly do that”, and some anxious glances as if there was some deep theological reason why I would not kiss this amazing Bible. I simply said, “I’m wearing lipstick”; that had never been experienced before. I was told simply to put my nose into it, which is what I did.

After the formalities of paying homage, she immediately put me at my ease and, as we chatted, spoke to me about being the first female diocesan bishop. Rather amusingly, she said that her husband Philip wondered what on earth my husband would do, and indeed what the husbands of other bishops would do. I found that rather amusing because I thought of all people in the country who should know what the husband of a bishop would do, one was the Duke of Edinburgh.

At this time of huge loss and mourning, I give such thanks to God for a life well lived—a life of faith and love. As I recall, the verse I chose that day of paying homage was from the Gospel of John, and it is one that the Queen lived. In Jesus Christ’s words to his followers: “Abide in me”. She did and she does. May she rest in peace and rise in glory. God save the King.

[Lord Anderson of Swansea (Lab)]

My Lords, la reine est morte, vive le roi. We have had such a wealth of personal stories illustrating the humility of Her Majesty, her warmth and her faith. My own immediate memory, alas, is of shame to me. I was sitting next but one to her at a Commonwealth conference in Westminster Hall when, alas, my mobile phone went off and I was the subject of a well-deserved regal stare, which stayed with me for a very long time.

Historians will see the last week as the end of an era, the like of which we shall not see again. The new King faces formidable tasks. He will have little difficulty in improving on the record of Charles I and Charles II, but he will have extreme difficulty in following in the footsteps of his beloved and late mother, in spite of his unprecedentedly long apprenticeship. For a person with strong and controversial views, many of which I share, he will have difficulty in not airing them in public but will seek inspiration from the discretion of his late mother and her serene sense of duty. Where she did have strong views, the only ones she could express in public related to horses, family and her corgi dogs.

One feature which has been mentioned, particularly by the noble Lord, Lord Alderdice, was that the late Queen was a great reconciler. If we think back to the 2011 visit of Her Majesty to Dublin, no politician could have achieved what she did at Croke Park and in Dublin Castle when she put a veil over all the troubles of the past and paved the way for a much warmer relationship with our cousins in the Republic of Ireland. History will certainly see her as one of the greatest monarchs—possibly the greatest, as the noble Lord, Lord Cormack, said, suggesting that perhaps she should be named “Elizabeth the Great”. As a Welshman, I much prefer the precedent of Hywel Dda—Hywel the Good. Perhaps, given her many superlative moral qualities, “Elizabeth the Good” might be a far better title for her. She was part of the glue keeping together the Commonwealth and our union, both of which are suffering the possibility of great turbulence in the future.

European Court of Human Rights

Lord Anderson of Swansea Excerpts

Monday 5th September 2022 Lords Chamber

[Lord Bellamy (Con)]

It is a protection and will remain a protection. The rights in the convention will continue to be respected and enforced by the courts of the United Kingdom as before.

[Lord Anderson of Swansea (Lab)]

Does the Minister agree that, if we were to withdraw from the convention, we would have to withdraw from the Council of Europe and global Britain would be even less global?

[Lord Bellamy (Con)]

I am afraid your Lordship’s question does not arise, since we are not withdrawing from the convention or indeed from the Council of Europe.

Barristers Leaving Criminal Practice

Lord Anderson of Swansea Excerpts

Thursday 17th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, solicitors need a higher rights of audience certificate to appear in the higher courts. We are in discussions to ensure that this system is working well. However, as part of our response to Sir Christopher Bellamy’s report, we are looking at opening up more opportunities for legal executives to do more work in the courts, particularly in the higher courts. That would also improve diversity, because the diversity of legal executives is in much better shape than it is for solicitors and quite a lot better than it is for barristers.

[Lord Anderson of Swansea (Lab)]

My Lords, perhaps the effect of the cuts has been felt most harshly on younger barristers at the very start of the profession. Up to 25% have left the profession over the past five years, despite having done the pupillage and Bar examinations. For them, legal aid has been a lifeline, allowing them to survive and have a decent career. What assessment have the Government made of the effects of these changes on the younger barristers and the likelihood of them staying in the profession?

[Lord Wolfson of Tredegar (Con)]

My Lords, we think that these changes will be a systemic change in legal aid: 3.5 million more people will be eligible for legal aid in magistrates’ courts and 2 million more people will be eligible for civil legal aid. We think that will help the Bar generally. Our other plans—for example, having more online hearings—mean that barristers are not spending money on travel and that a barrister can, for example, drop their children off at school and then attend a hearing 200 miles away.

Crown Dependencies: Contributions

Lord Anderson of Swansea Excerpts

Thursday 1st July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, as sanctions are a tool of foreign policy, it is government policy for UK sanctions measures to be given effect in the Crown dependencies to make those sanctions as effective as possible. The Crown dependencies apply UK sanctions, including, for example, the Global Human Rights Sanctions Regulations 2020 and the Global Anti-Corruption Sanctions Regulations 2021. The FCDO and Her Majesty’s Treasury ensure robust implementation of sanctions. There is considerable sanctions-related engagement with the Crown dependencies, including meetings and webinars, to make sure that all the sanctions legislation is properly applied throughout the Crown dependencies.

[Lord Anderson of Swansea (Lab)]

My Lords, a voluntary contribution is unusual and presumably could be withdrawn unilaterally; it depends wholly on good will. Does the Minister agree that transparency is important to allay any UK taxpayer concerns that these overseas tax havens are being treated unfairly? How regularly is there an audit of that financial relationship? Presumably, that also contains any contingent liabilities.

[Lord Wolfson of Tredegar (Con)]

My Lords, I take issue with the reference to tax havens. That is a tendentious term and we can perhaps debate it on another occasion. The Crown dependencies have a long-standing relationship with the UK via the Crown; it is not a quid pro quo relationship—using “quid” in both the Latin and the colloquial sense. It is a relationship based on constitutional convention and respect for domestic autonomy. We reiterated in the recent integrated review of security, defence, development and foreign policy that we will continue to defend and represent internationally the three Crown dependencies.

British Bill of Rights

Lord Anderson of Swansea Excerpts

Thursday 10th December 2015 Lords Chamber

[Lord Faulks]

As the noble and learned Lord knows, Article 46 requires all members of the Council of Europe to adhere to the convention, and the implementation of decisions is subject to the supervision of the Committee of Ministers. We have an extremely good record in complying with recommendations of the Committee of Ministers. There is one outstanding matter, of which the House is well aware, where there is a tension between a decision clearly made by Parliament and a decision made by the Committee of Ministers. My ministerial colleague attended the day before yesterday; we have yet to hear the outcome.

[Lord Anderson of Swansea (Lab)]

My Lords, does the Minister accept that to remove ourselves from the convention means in effect to remove ourselves from the Council of Europe, for which this is the bedrock? Does he also recall that the Prime Minister sacked the former Attorney-General precisely because of his concerns over this and that the only countries which will rejoice if we adopt this policy of half-in half-out when choosing whether to accept judgments of the court will be the serial defaulters, such as Russia?

[Lord Faulks]

Clearly, I would not wish to comment on the circumstances of the former Attorney-General’s departure from government. I accept that it is important that we comply with our treaty obligations and we have no intention of departing from them. We have a proud record of complying with human rights obligations and protecting human rights throughout the world. It is no part of the Government’s intention that we in any way weaken our resolve to protect human rights here or abroad.

European Union Referendum Bill

Lord Anderson of Swansea Excerpts

Monday 2nd November 2015 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, I have one question. Some very powerful points have been made and I do not dissent from the case for granting the vote to British residents in the EU. But we need to be clear that we are talking about a very substantial number of people here. The number of British citizens in the EU is about 1.3 million, according to the UN Population Division; maybe a couple of million, according to other estimates. We do not know the number of adults, but it is likely to be quite high because of the very high percentage of retired people in certain countries, so we could be talking about something like 1 million potential voters. Some of them will have been abroad for less than 15 years and would therefore have the vote under the present arrangements, but we could none the less be talking about pretty substantial numbers who, under this amendment, would get the vote in this referendum.

What is the justification for confining the vote only to those British citizens in the European Union instead of conferring it more widely? It seems to me that if the 15-year rule is to be abolished—and there are good reasons for that—it should be abolished for everybody. Otherwise, there is a clear risk that passing this amendment would look as though it was an attempt to skew the franchise, with damaging consequences for the longer term. The key thing about this referendum, surely, is that it must be fair and must be seen to be fair. If we are going to do this, let us do it for all overseas citizens.

[Lord Anderson of Swansea (Lab)]

My Lords, with respect it is easy to distinguish between those in Singapore and elsewhere, and those within the European Union. The essential principle should be not only to avoid anomalies or absurdities but to ensure we include those British citizens who have a clear and direct interest in the outcome—those who are clearly stakeholders because of free movement and because they perhaps still have pensions here, and so on. Because of the network of arrangements between us and our partners within the EU, they will be very closely and directly affected, far more than those in Singapore or various other areas. We should seek if possible to try to meet them.

I know from personal experience of having a residence in a part of south-west France that many people there keep a very close interest in what is happening in this country and have a direct financial interest. It seems to me that they have as great an interest as, for example, someone who may come here from outside the EU as a result of marriage, who may have very limited English and who may know very little about our culture and our history. Quite rightly, if they assume citizenship through marriage, they have a say, and so also should those who have perhaps spent a lifetime in this country until they go abroad in retirement. They have very close links with this country and a direct interest in it. Yes, those in Singapore may have that as well, but no one can seriously argue that they have as great a stake as those who live in the EU and keep very close links with us.

[Lord Shipley (LD)]

My Lords, I support this group of amendments, as I did in the Private Member’s Bill last year and also at Second Reading and on the first day of Committee. They represent a very major issue of principle. The Minister said on the first day in Committee that the Government had decided to use the Westminster franchise. I think the reasoning was that it is an established system that is easy to implement. The problem is that it is actually a very weak system because of who it excludes. We have heard all the reasons for that in the debate so far. The Government have accepted the principle of votes for life, and planned legislation to amend that anomaly, so I find it very puzzling to understand why the Government feel unable to implement it in time for this referendum, given that there is a fairly good chance that the referendum will not be held until early 2017. I hope that the Minister will explain in some detail why the timetable for legislation cannot permit the votes-for-life legislation promised in the Conservative manifesto to be implemented in time for it to apply.

One point that has not been made so far in the debate is that it is not difficult, in administrative terms, to resolve this problem. All those who qualified for a vote in this year’s general election and who may exceed the 15-year limit when the referendum is held are known to electoral registration officers, and extension of their right to cover this referendum would be straightforward to implement. Those not registered to vote in a general election who have lived outside the UK and the EU for more than 15 years could be invited to register using passport, national insurance number, evidence of current residence and evidence of their last residence in the UK.

The noble Lord, Lord Green of Deddington, talked about the numbers involved. Of course, this is an issue of principle—there may well be a lot of people, but the issue of principle seems to me to transcend the issue of how many people might be entitled to vote and how many people might register to vote. I agree with the noble Lord that if the votes-for-life Bill is for all those who live outside the United Kingdom, whether in the EU or elsewhere overseas, that is an issue we need to address. I would be very happy to support an extension to all UK passport holders wherever they live in the world. However, this group of amendments relates to those who live within the European Union. Of course, I accept that an extension of the kind proposed by this group of amendments would give the Government a bit of work. However, set against that should be the rights of all UK passport holders living in the EU to have a say in their future.

We have heard of the concerns that people have. I am particularly concerned as to whether the UK Government will continue to uprate pensions. In many parts of the world, pensions are not uprated. They are uprated within the European Union, because it is part of our agreement as a member of the European Union. Other issues have been raised, but this is really important to those living within the EU outside the UK. It is very important to be clear about these matters, and very important to acknowledge the right of those with a stake in the outcome to have a say. I hope, when the Minister comes to reply, that he will explain why the Government think it is appropriate for them not to have a say.

--- Later in debate ---

[Lord Dobbs]

I am delighted to receive that update, although as my noble friend says, they were not all in the European Union. However, even if we take the figure of 100,000 around the world, that is not an overwhelming example of enthusiasm by that group of 5 million. I wish it had been more—let me put it that way. That is not a criticism. I just wish that it had been more.

[Lord Anderson of Swansea]

Even a figure of 100,000 is lower than one would like it to be. However, could it be that the small number who have registered for general elections believe that they have a stronger interest in this momentous decision in the referendum than they have had in general elections in the UK, and therefore may be more inclined to register?

[Lord Dobbs]

I have to grant that that is a possibility. However, this referendum has not exactly been a hidden secret: we have been campaigning about it for years. I would have hoped that if they had a real interest in the referendum, they would have taken the opportunity, as has existed, to sign up. This is not as simple an issue as some noble Lords have made out. It is a matter of great principle. It is a balance. Sadly, we do not know where these people are, in which countries, or how many they are. We will have difficulties contacting them because we do not know where they live. I am nervous that if we make a commitment that we cannot meet, it will end up in a mess. We are all concerned with making sure that this referendum—