Counter-Terrorism and Border Security Bill

Debate between Lord Faulks and Viscount Hailsham

Committee: 1st sitting (Hansard): House of Lords
Monday 29th October 2018 Lords Chamber

[Viscount Hailsham]

My Lords, I shall speak briefly to Amendments 3, 4, 5 and 6. I accept that there may well be a need to further criminalise the overt support of proscribed organisations; I do not dissent from that view. However, we have to accept that what we are proposing in the Bill is an infringement of human rights—the right to free speech. The noble Baroness, Lady Hamwee, is entirely right about that. We therefore need to apply the test of proportionality: to weigh up the evil in one hand and then look at the consequences of what is proposed in the other. It is in that context that I would be very much happier—I now speak directly to my noble friend on the Front Bench—if we were to look again at the concept of specific intent. I would be very much happier if what we were providing for was that the offence was establishable only on proof of specific intent. I find myself very much in support of Amendments 3 and 4 because they seem to satisfy the test of proportionality.

To comment briefly on Amendment 5, I find myself entirely in agreement with the noble Lord, Lord Carlile. Anyone who advocates the de-proscription of a proscribed organisation seems to fall foul of the general language of this part of the Bill, and that should not be the case. It is perfectly proper as part of public debate to argue that a specific organisation should not be proscribed. I therefore hope—

[Lord Faulks]

My Lords—

[Viscount Hailsham]

May I just finish this point? Then of course I will give way to my noble friend. I hope the Government will look sympathetically at Amendment 5.

[Lord Faulks]

I understand what my noble friend says about Amendment 5 but I am little puzzled by why suggesting that a proscribed organisation should cease to be proscribed is supportive of a proscribed organisation. It is one thing to say that proscription should cease; it is another to be supportive of it.

[Viscount Hailsham]

I wondered that myself but came to the conclusion, having weighed up the language, that to argue that something should not be proscribed probably does constitute action supportive of the proscribed organisation. Even if I was wrong about that, though—in this context my views are shared by the noble Lord, Lord Carlile—it is certainly an arguable position, and I am in favour of clarity in law. That is why I would go with Amendment 5 in the name of my noble friend.

That brings me to Amendment 6, where I am afraid I part company with my noble friend.

European Union (Withdrawal) Bill

Debate between Lord Faulks and Viscount Hailsham

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Viscount Hailsham]

Yes, I know that is what he has said but I ask noble Lords to think about the impact on those who will lose their assets. That is the point I am making. I agree with my noble friend but my point is: what about the position of those who lose their assets?

[Lord Faulks]

My Lords—

[Viscount Hailsham]

I am just going to finish this point and then I will give way. It is at that point that Article 17 of the charter comes into play. As the Committee will know, Article 17 provides that property is to be protected and, furthermore, that rights of compensation are to be paid. This is the protection that this House would be very chary about giving away. I give way to my noble friend.

[Lord Faulks]

My noble friend will know that Article 1 of the first protocol of the European convention does precisely the same thing.

[Viscount Hailsham]

So there is an overlap, and the question is one of remedies. As my noble friend will know, the remedies under the charter are probably more effective than the remedies under the convention, and that is the point that the noble and learned Lord was making.