Public Order Bill

Debate between Lord Garnier and Lord Hope of Craighead

Report stage
Tuesday 7th February 2023 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, it is hard to overemphasise the importance of this amendment. It is firmly rooted in Article 10 of the European Convention on Human Rights, which provides that:

“Everyone has the right to freedom of expression. This right shall include freedom to … receive … information and ideas without interference by public authority”.


The word “everyone” which begins that article is extremely important because it applies the rights to everybody, whoever they may be. It may be suggested that the point being made by the amendment is so obvious that it is unnecessary, but I simply do not believe that. In the highly charged atmosphere of the kind of public protest we are contemplating in these proceedings, it is too big a risk to leave this without having it stated in the Bill and made part of our law. It should not be necessary, but I believe it is necessary, and it is firmly rooted, as I say, in Article 10 and those very important words. I support this amendment.

[Lord Garnier (Con)]

My Lords, I could not put a cigarette paper between the arguments of the two previous speakers and those I would like to make. If we are not careful, we will move to preventing the media from creating fair and accurate reports of our courts and even of this place. I do not believe I am exaggerating in linking the two sets of arguments and I very much support this amendment.

Environment Bill

Debate between Lord Garnier and Lord Hope of Craighead

Report stage
Wednesday 8th September 2021 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I spoke in support of the amendment in Committee, and I think it is right that I comment on the slightly changed amendment before us. I support it entirely and there are elements in it I would have thought the Government would welcome, particularly proposed new subsection 8A(b), where the court has to have regard to

“the likelihood that the grant of a remedy would cause”,

among other things,

“any detriment to good administration.”

This is a very carefully drafted amendment. It has all the elements one would expect to find in a Bill dealing with the subject we are concerned with. It is also looking at the interests of justice, which any court would want to do in any case. I support the amendment.

[Lord Garnier (Con)]

My Lords, we are all being very diffident this evening. I apologise because I did not speak at Second Reading or in Committee on this Bill, but I am as concerned as my noble friend Lord Duncan and the two noble Lords on the Cross-Benches about the way this Bill is going to deal with this particular subject. Unless this amendment is made to the Bill, we will be the poorer for it.