Corporate Insolvency and Governance Bill

Debate between Lord Bates and Lord Pannick

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 23rd June 2020 Lords Chamber

[The Deputy Speaker (Lord Bates) (Con)]

I call the noble Baroness, Lady Taylor. No? Then I call the noble Lord, Lord Pannick.

[Lord Pannick (CB) [V]]

My Lords, I am speaking to Amendments 103 and 106, which are in my name and in the names of three other members of your Lordships’ Constitution Committee: our esteemed chairman—the noble Baroness, Lady Taylor of Bolton—the noble Baroness, Lady Fookes, and the noble and learned Lord, Lord Wallace of Tankerness.

These amendments address aspects of the retrospective nature of provisions in the Bill. Paragraph 7 of Schedule 10 and paragraph 7 of Schedule 11 will render void a relevant winding-up order which was made by a court on or after 27 April this year but before the day on which the schedules come into force.

Draft Investigatory Powers Bill

Debate between Lord Bates and Lord Pannick

Wednesday 4th November 2015 Lords Chamber

[Lord Bates]

That is one of the reasons why we have put in place a much stronger, clearer and well-resourced investigatory powers commissioner. That will also give an opportunity for cases to be brought to the Investigatory Powers Tribunal. There will be more transparency and openness there for people to take advantage of if they feel that we have got the decision wrong.

[Lord Pannick (CB)]

Can I press the Minister on what the Government intend by judicial authorisation? The Statement that the Minister repeated says that,

“in future, the warrant will not come into force until it has been formally approved by a judge”.

However, in Clause 19 and many other places, the Bill speaks of a judicial review test, which, as has already been explained, is a matter of assessing reasonableness and the formality of procedures. The real question is whether the Government intend that the judge will have the power to countermand the initial decision of the Secretary of State if the judge considers that the warrant is either unnecessary or disproportionate.

[Lord Bates]

We have stated that there is a double lock, and it is just that. Without both the judge and the Secretary of State giving their approval, it simply cannot happen. Some details are being published today in terms of draft codes of practice, and more information will be fleshed out, in co-operation with the Ministry of Justice, the Lord Chief Justice and, crucially of course, the judicial commissioners themselves, as to how this process will work in an effective and speedy way.

Counter-Terrorism and Security Bill

Debate between Lord Bates and Lord Pannick

Wednesday 28th January 2015 Lords Chamber

[Lord Pannick]

If the intention is that the Prevent duty should, as the Minister just told the House, sit alongside academic freedom and freedom of expression in universities, why not say so on the face of the Bill, so that it is absolutely clear?

[Lord Bates]

That is in my next paragraph, if the noble Lord will let me come to it.

However, I can equally understand the trepidation of many in your Lordships’ House, and I have heard the strength of feeling on this matter. On that basis, I will commit to considering this matter further, and to discussing it with my ministerial colleagues, before Report, in order to identify whether it would be possible to provide some additional comfort to noble Lords, and to the education sector itself.

This has been a very wide debate, with some 20 speakers. Many have made very specific points and asked very specific questions. I am conscious that this is the second group of amendments within six weeks to cover Prevent, but—

--- Later in debate ---

[Lord Pannick]

My Lords, this amendment stands in my name—

[Lord Bates]

I apologise to the Committee and to the noble Lord, but I thought that it might be helpful to him if I put on the record some comments on his amendment, which the Government have carefully considered. I hope that that might be helpful to the noble Lord.

[Lord Pannick]

I move this amendment formally.

[Lord Bates]

My Lords, it is getting late. I am very grateful to the noble Lord for moving this amendment and for raising this very important issue.

The two amendments before us are slightly different in wording but are designed for the same purpose. Both amendments would insert a new clause into the Bill which would amend the statutory remit of the Independent Reviewer of Terrorism Legislation and, in some respects, would amend the reporting arrangements for those Acts falling within his remit.

I am aware that the essence of these amendments reflects a recommendation made by David Anderson in his last annual report on the operation of the Terrorism Acts, and echoed by the Joint Committee on Human Rights in its recent report on the Bill. It is, however, right that the Government think carefully before making what would be very significant changes to a long-standing and highly effective oversight role. The primary purpose of the independent reviewer role is to provide assurance to the public on the operation of UK counterterrorism legislation. It is important that we do not dilute this core function and that there is clarity about what is subject to the independent reviewer’s oversight.

Nevertheless, I can see that there is some force to the argument that it is a little perverse that while the independent reviewer is able, and obliged, to look at certain Acts of counterterrorism legislation, other equally relevant pieces of counterterrorism legislation are outside his remit. The Government have reflected on this issue, and will continue to do so in the light of this evening’s debate, to consider whether it might be possible to make some changes on Report to address this concern. Were we to expand the independent reviewer’s remit, it would, of course, raise questions about the capacity of the independent reviewer. Even someone with such a voracious appetite for work as David Anderson has limits. In part, the Privacy and Civil Liberties Board, which we are coming on to, is designed to increase the support and capacity of the independent reviewer. I will give further thought to whether it would be appropriate to give him greater flexibility to set his own work programme and concentrate on those areas which he believes are most deserving of scrutiny or most topical.

I give your Lordships a very clear assurance that the Government will consider these points extremely carefully, and very urgently, and I hope that we may be able to find some way to meet the points which these amendments seek to address. I invite the noble Lord to reflect on those comments.

[Lord Pannick]

I am very grateful to the noble Lord. That is extremely helpful. Of course I have no intention of pressing the amendment. I look forward to hearing what he says next week on Report. I ask him to reflect not only on the recommendation of the Joint Committee that the remit of the independent reviewer should be expanded but also, as the Minister mentioned, the other part of the Joint Committee recommendation—paragraph 7.8 of their report—that the Government should make available to the independent reviewer resources necessary to perform his task effectively. In particular, David Anderson has explained that it would help considerably if he were assisted by a security-cleared junior counsel. That seems a very good idea to me. I do not think that the provision of such assistance would need statutory authority, but I hope that the Minister can reflect on that. Other noble Lords may wish to intervene in relation to this debate.

Child Abuse Inquiry

Debate between Lord Bates and Lord Pannick

Thursday 22nd January 2015 Lords Chamber

[Lord Bates]

On the last point, of course there is nothing in the delays which we are experiencing with the inquiry which should for one moment stop the prosecution or investigation of these heinous crimes. That should not occur. We now recognise that all three options must have a statutory element, and without doubt the inquiry will have that. Regarding the funding which is available, I have mentioned some special funding. We are also working with the Department of Health and the Department for Communities and Local Government to see what additional support can be provided, particularly for those who will be invited to come forward to give evidence to the inquiry.

[Lord Pannick (CB)]

My Lords, have the Government considered that the difficulty in getting this inquiry off the ground is due to its size? Surely nobody could sensibly conduct an inquiry with terms of reference requiring consideration of the extent to which state and non-state institutions have failed in their duty of care since 1970. That is an impossible task, and it is surely not surprising that no competent person is able to perform it. I must say to the Minister that if an inquiry of that sort ever did start, the inevitable delays in conducting it would make Sir John Chilcot look like a chairman in a hurry.

[Lord Bates]

I very much hope that that is not the case. I have to say that in most cases the pressure that we have been under was to extend the terms of reference still wider. I totally understand the noble Lord’s point that the inquiry needs to be sharp and focused, and to get to the heart of the matter. The chair who is appointed to the panel therefore has an incredible responsibility to provide that clarity of focus and speed of deliberation so that we get the answers quickly.

Counter-Terrorism and Security Bill

Debate between Lord Bates and Lord Pannick

Tuesday 20th January 2015 Lords Chamber

[Lord Bates]

I agree and I shall seek clarification on that. It may also be the case that the power is triggered when someone on a no-fly list comes in, even though effectively they are not entering UK territory. However, when they arrive in the UK, they have to present their passport and travel documents—and, as I argued in my answer, at that point I would expect any action to be taken. Again, these are very important points and I will check with the authorities on how this will work in practice. It is probably covered in the draft code of practice on the seizure of passports, which is currently out for review. If so, I will certainly make sure that those views are noted as part of the consultation process.

[Lord Pannick]

The answer may be that the powers apply in the case of a person at a port in Great Britain. That is at paragraph 2 of Schedule 1, and “port” is defined in paragraph (1)(8) as including “an airport”. From that, my understanding is that if you are at the airport, whether on the land side or the air side, the power will exist. However, I should be very grateful if the noble Lord could write with the answer to all noble Lords who are interested in this matter.

[Lord Bates]

That seems to be excellent legal advice and I am sure that it is absolutely correct. Certainly we will review it and, if that is not the case, we will write.