(10 months, 2 weeks ago)
Lords ChamberI am going to give the Minister an opportunity to respond, if he wishes.
Thank you. The Sentencing Council point is an interesting one, which I will reflect on. As for the request from the noble Baroness, Lady Brinton, of course I am prepared to have another meeting.
(1 year, 9 months ago)
Lords ChamberMy Lords, the Government will do their very best to make that the Law Commission has the resources it requires.
My Lords, given that there is clearly some scepticism about whether the Law Commission is the right body to conduct this review, could the noble and learned Lord give the House some idea of how long he expects it to take to undertake it, and at what point he thinks it will be commissioned so to do?
My Lords, I hope to make a further announcement immediately before or shortly after the Easter Recess. Matters are being finalised at the moment. Typically, Law Commission work takes place in two phases. There is an initial phase of the kind I have just outlined, where the problem is identified and comparative studies are made. That is typically followed by a consultation phase in which all stakeholders’ views are fully taken into account, which results in final recommendations and possibly draft legislation. That process will probably take at least two years.
My friend—the noble Lord—is quite right that the European Court of Human Rights in Strasbourg is grappling with enormous problems. That is why the Government take the view that the vast majority of cases are better dealt with in our own jurisdiction, which is familiar to the general public and in which the public and the Government have confidence. The orientation towards cases being dealt with here in the UK is both pragmatic and right in principle.
Will the Minister momentarily set aside his ministerial responsibilities and address us in his capacity as a very distinguished lawyer? On the subject of the potential of the Bill to fall into the hands of those not of good will, I think it could be damaging in future to the human rights which he clearly supports personally and wishes to see protected. I think that he will agree that it is a constant worry to anyone watching the progress of any legislation that it might be capable of being misused by those who come after. Does he see any danger of that happening with this legislation?
My Lords, it is a danger to which we need to be alert. As I am presently advised, I do not see that danger. The convention rights are in the Bill; we are still in the convention and those protections have not changed. It is very difficult to imagine a situation in which a future Government might take us out of the convention—they might, but that is not the position of the present Government. So far as I can, I give the noble Baroness the assurance she seeks.