(8 months ago)
Lords ChamberAgain, I shall not detain the House, but I shall refer to this situation and the expression of one’s sexual identity in a later grouping—the fifth grouping. I thank noble Lords for their patience.
Briefly, I shall add a few comments to the remarks made by the noble Lord, Lord Deben. In his remarks, the noble Lord, Lord Hodgson, said—and it is true—that there is a lot of concern and anxiety about the whole issue that we are discussing this afternoon. Probably, in this Chamber, there is nobody who knows less about Rwanda than I do—and I dare say that I am representative of the nation as a whole. The wider world is very concerned about this, and we have been talking about this from the perspective of this Chamber—but if you look at it from the perspective of the wider public, it would be to everybody’s great advantage to have something along the lines of what the noble and learned Lord, Lord Hope, and the noble Lord, Lord Anderson, are advocating; it would be very helpful in trying to allay wider public concern. It seems to me—and I am sure that we all regret it very much—that, the way the world is now, the fact that the Government give it the thumbs up does not necessarily instil great confidence in the wider public.
(9 months, 1 week ago)
Lords ChamberMy Lords, I think we can all agree that the Bill is contentious. I think we can also agree about what it is actually about: controlling permitted migration and ending illegal entry. That is a good thing, but I suspect that is where the agreement ends.
This evening, we are discussing something that is part of a much greater problem facing the western world. History, it seems to me, tells us that there is only one way to respond to existential threats to western Europe and tsunamis of migration, and that is by coming together and standing shoulder to shoulder. For example, when Jan Sobieski led a European army to defeat the Turks at the Battle of Vienna, it was a composite army. When Wellington was victorious at Waterloo, the majority of the troops he was commanding were not British, and the day was saved by the Prussians, under Blücher. In the Second World War, when we played a crucial part, eventual victory is in fact owed to Russia and the United States. We are approaching this as though we can try to do it by ourselves, and I believe that that must be doomed to fail. We are all in it together.
We were told earlier in the debate that collective action has failed in the past, but we have to remember what financial advisers tell us: that the past is no guide to the future. We have simply got to make it work in some way or other, even if we end up with a collection of disjointed unilateral actions that have only some degree of coherence across them.
As long as there are boats and migrants on the other side of the English Channel, and as long as the view from there is that there is a better life in this country, there will be those trying to break into this country, thinking it is a Shangri-La—it is certainly an improvement on life in the camps at Calais. That is the reality. Sometimes, we seem to be using the same political advisers as King Canute did on that beach at Hunstanton, over 1,000 years ago. On that occasion, the king appreciated that they were talking nonsense.
I am not a good lawyer, and in the presence of so many distinguished lawyers I shall keep my opinions private. I simply say that the Bill as it stands is an attack on the rule of law. If Parliament, led by the Executive, excludes the proper and constitutional role of the judiciary and the system of checks and balances in the system, quis custodiet ipsos custodes? We are being asked to go into a world of Lewis Carroll’s Wonderland, as was explained earlier, where Humpty Dumpty expounds the doctrine that a word means
“just what I choose it to mean—neither more nor less”.
Much of this is fuelled by what is a fashionable, at least in some circles, antipathy to the European Convention on Human Rights. It may commend the convention to some at least in this Chamber that, let us not forget, it was devised by British Conservative lawyers. We should also recall that the reason it came into being—I think this was mentioned earlier in the debate—was to deal with exactly the Humpty Dumpty school of legal interpretation which, once adopted, spread widely in the 20th century to become the basis of horrifying totalitarianism and all that that led to. I believe we should not and must not allow this approach to the law to enter our system.
Let us have some leadership from our leaders in the great British tradition of freedom, democracy and the rule of law, and not put our long-established traditions up for sale for the supposed benefit of a mess of short-term political pottage.
(4 years, 8 months ago)
Grand CommitteeMy Lords, red notices are indeed controversial because they are open to abuse by authoritarian regimes seeking the apprehension of dissidents or “criminals” whose crime is dissidence. The House has talked about abuse in the cases of Russia, China, Turkey and a number of other countries. I understand that there are also sometimes queries about red notices from Latin American and Middle Eastern states. Of course there is a risk of political abuse, corruption and malicious notices.
I had forgotten, but recalled when I was preparing for today, the case of the footballer granted refugee status and residence in Australia three years ago, after fleeing Bahrain. He was arrested on his honeymoon in Thailand and held in detention for a while until he got back to Australia. Questions were raised about Interpol’s neutrality. I appreciate that reforms have been introduced over the past five or so years, but controversies do and will continue over red notices and Interpol’s diffusions, which serve as an international alert mechanism.
It is important to have as much transparency and availability of information as possible on how the recipient of the notice treats its subject, which is why the involvement of the judiciary at a later stage has such importance, and on how the NCA or any other designated authority triages the information—we seem to have adopted that term.
The fact that there is a risk of abuse seems no reason not to proceed with the legislation and I acknowledge that the amendment does not propose that. In any event, I understand that the certificate, not the red notice, is the basis for arrest, which is an important distinction.
I wonder whether this is the moment to ask the Minister about the EU’s future relationship with other European countries. The document published last week on the future relationship refers to achieving extradition arrangements with
“appropriate further safeguards for individuals beyond those in the European Arrest Warrant.”
I am sorry that I did not think to warn the Minister that I would ask this, but I imagine that it is pretty much at the top of everybody’s minds. What are the “appropriate further safeguards”? In other words, what are the problems with European arrest warrants that led to that statement in the document?
I am a member of your Lordships’ EU Select Committee. We took evidence on Tuesday about the future relationship. I asked an academic who was giving evidence what he thought this was about. He said that it was probably about human rights concerns. Of course, the noble Baroness will understand that I will not object to human rights safeguards.
On the noble Lord’s second amendment, as I have said, transparency is important. However, I was not aware that there was a major concern about discrimination, which is what is protected—as it were—by the protected characteristics. One would perhaps want to know the situation in other countries. I thank him for raising the issues and giving us the chance to discuss these subjects.
My Lords, if I may, I shall raise one small point. We are talking here about the ability to effect an arrest, not an obligation on the person who discovers and identifies somebody who is suspicious and to be arrested. To clarify, if it against public policy for somebody to be extradited, there is no obligation on the person concerned who has been granted this power to carry out the arrest. Is that correct?
My Lords, I assume that the process of extradition occurs under judicial control after the arrest and after the person arrested is in the custody of the judiciary or under the control of the arrangements made by the judiciary. That is quite important. In most of the speeches made at Second Reading, we distinguished between the Executive and the judiciary. They are two distinct parts of government. It is the Executive’s responsibility to take people before the judiciary, which is then responsible for how they are treated, subject to the Executive sometimes being part of the treatment afterwards. It is important to distinguish between the two. Therefore, it is acceptable that the authority deciding whether this arrest should go ahead is not a judicial authority but the responsible executive authority.
As far as both amendments are concerned, the information sought is reasonable and might be subject to risk, but it would be very easy, particularly if there seemed to be any public concern about the matter, for a parliamentarian to raise this as a Parliamentary Question, rather than have an obligation on the Secretary of State to keep to a time when there might not be much in the way of information to put out. I can see why these arrangements are a subject of public interest, but the Parliamentary Question system is a good way to deal with that as and when they seem important.
My Lords, I cannot match the noble and learned Lord’s eloquence, except I remember that Lord Bingham used to use that phrase to describe how judges should nudge the law forward gently, step by step, rather than sit hitting sixes and fours.
I support this amendment for the reasons that have been explained. There are two features of the issue that are worth bearing in mind. First, the standard that the Government have set, which was described by the Minister, is a relatively high standard and, therefore, we are not talking about large numbers. Indeed, the Schedule itself demonstrates that we are not expected to have a great list, they will come in twos or threes at the worst, preferably ones, as the amendment seeks. Secondly, the issue of a standard is something that we would wish to debate, as the noble Lord, Lord Deben, demonstrated in his contribution. It is a great shame if we are masked, as it were, by having one good country on the list that we would not object to but which is in the kind of pairing that the noble Baroness, Lady Hamwee, mentioned, so that we cannot really grapple with the one to which we are objecting because the instrument is not amendable.
With great respect, this seems a very sensible amendment that meets the problem of the non-amendable instrument without at the same time creating an insuperable difficulty for the Government. It enables a debate to take place that would have a real point to it instead of one that really does not have a point because one part of the list—if it is a list—is unobjectionable. I very much support the amendment.
My Lords, I add my general support to the proposition and arguments that have been made. When I had the good fortune to chair the ad hoc committee looking at the workings of this legislation three or four years ago, this was one issue that the committee spent a long time discussing. Our concern throughout was essentially—and, I believe, entirely properly—about injustice. We must have an extradition system that is just at its heart. If there is any risk or probability of people being extradited into circumstances in which their human rights will be abused or ignored, or in which injustice will be meted out to them, we should not be party to it.
I was particularly grateful for the remarks by the noble and learned Lord, Lord Judge. He has touched on a point that I will come to when I move my amendment later on in the proceedings. I will not say that he has stolen my thunder—he has made the point a lot better than I might have.
My Lords, Amendment 6 is a very good probing amendment from the noble Baroness, Lady Hamwee. As I raised on the previous group, the words of the Bill need clarifying. This amendment gives the Minister the opportunity to do that and to explain why the word “vary” is in new Section 74B(7)(a). We have to be very careful with the words that we use in legislation. I can see why we would want to add or remove a territory, but why vary it? Is it to address a name change? I am sure that the Minister will tell us why. Amendment 7 allows the Minister to explain the need for this power. It may be perfectly sensible, but to make that clear would be most welcome.
My Amendment 8 is fairly simple. It seeks to improve the Bill—as do all my amendments—by requiring the Government to report changes before adding, removing or varying a reference to a territory. What is the process for adding a country? How will additions to the list be approved? What would the parliamentary scrutiny be? What is the process for the talks?
I also have my name to Amendment 9, which has been referred to in a number of contributions. The Government would have to add territories one at a time; I very much agree with that. Parliament could reject a specific country or territory, which seems very sensible and proportionate. However, this came out in Second Reading: is this Bill also a back door to some sort of protection from the loss of the European arrest warrant? I know the Government said that it was not, but this would allow them to add the European Union straight away and in one go. That would be an interesting thing for the Government to do. When I thought of that, I was reminded of the interesting PNQ that the noble Lord, Lord Paddick, recently asked about the European arrest warrant. I also recalled the comments of the noble Lord, Lord Robathan. He asked a question of the Minister:
“My Lords, is it not the case that not all European arrest warrants are the same? A European arrest warrant from France or Germany, with whom we share the same respect for the rule of law, is one thing, but a European arrest warrant from one or two other countries—here I particularly mention Romania—is not the same because often political interference has taken place in the judicial system.”
The Minister replied:
“My noble friend makes a very good point about political interference. In fact, that is one of the safeguards within what we are seeking. He is right to make the point that not all EU states are the same.”—[Official Report, 2/3/20; col. 398.]
If the Government decide to put in the European Union in the future, that point could not be addressed. It is a valid issue—or, of course, it may not be an issue at all. It would be useful to have a response on that.
Amendment 10 should cause the Government no problem at all; I look forward to the Minister’s response on that. The noble Lord, Lord Deben, makes a valid case in Amendment 11B. “Levelling up” is the new buzzword in the Government. I think that we need a bit of levelling up in our special relationship with our friends across the pond as far as it applies to extraditing suspects who are wanted for crimes committed in this country. They must be very serious crimes which need to be investigated. Questions need to be asked, and potentially the evidence test is made and the matter is put before a court in the UK. The noble Lord cited two cases to illustrate that, which is very important in this respect. We are seeking a bit of reciprocity here, so I strongly support what he said and I hope that the noble Baroness can give a full response to these points because he has made the case very well.
My Lords, I shall speak also to Amendments 13, while Amendment 14 in the name of the noble Lord, Lord Inglewood, is also in this group. Amendment 12 would remove the provision allowing
“regulations to amend, repeal or revoke any provision made by primary legislation.”
This is something to which I have a natural aversion. I appreciate that the regulations in question, in paragraph 29(2) of the schedule, are limited by paragraph 29(1) which refers to regulations
“consequential on the amendments made by this Schedule.”
Is paragraph 29(2) necessary? It suggests that the drafters were anxious that they did not have time to prepare the Bill. I have looked at what the 2003 Act says on this point. Section 219 provides for amendments, repeals and revocations but can deal only with one
“contained in an Act passed in a Session after that in which this Act is passed.”
I do not think that alters my central point, which is my natural aversion to regulations amending primary legislation. Amendment 13 deals with the same point. I beg to move.
My Lords, I shall speak to Amendment 14 in this group. I owe the Committee an apology for not adding an explanatory statement, but essentially this is a probing amendment. The reason is that when I tabled it, I was not entirely sure exactly what my anxieties about the proposed legislation might be, but I have spoken to the Minister about my general unhappiness. Interestingly, the noble Baroness, Lady Hamwee, has just talked about paragraph 29(2). It strikes me as extremely clumsy and I am uneasy about it. As I say, that is why I have tabled this amendment and discussed it with the Minister.
Throughout the passage of the Bill thus far, the Government have emphasised that it is about powers of arrest. Of course, much of the Bill is about those powers, but it is clearly set within the context of the extradition system as a whole. One has not only to look at the Title of the Bill to see that; if you look at its substance, it becomes apparent. In the nicest possible way, I think “the Lady complaineth too much” in talking about the focus of the Bill on powers of arrest. The Bill is essentially about the workings of our extradition system as a whole. As the Committee knows—and does not need me to point out—it is essentially divided into two parts; I oversimplify, of course. There is the bit that relates to the European arrest warrant and the bit that relates to the rest.
My Lords, I thank the Minister for her words and put on record, which I have not yet done this afternoon, that I support the basic principles surrounding the provisions relating to arrest in this context. I heard what she said about the powers in the Bill and the withdrawal of countries from Part 1 of the 2003 Act. I think I read earlier today that the powers to do that by secondary legislation are contained in the 2003 Act itself, so there is a possibility of the whole EAW system, if I can call it that, collapsing. Then something has to be done next, but I will not major on that any more at this point. The Minister said that these were usual provisions; they may be usual provisions in usual times, but we are in slightly unusual times.
(8 years ago)
Lords ChamberMy Lords, I feel very privileged to add my humble voice to the very distinguished voices that have already spoken on this matter. Many, many years ago, in what was then the old Wales and Chester Circuit, a verdict was returned by a jury in south Wales: “just a little bit guilty”. That was in a trial so not dealing with exactly the same issue that is now before the Committee. We must be very careful not to have a wording that suggests that there may be just a little bit of evidence and no more. I am not exactly sure how that should be worded but I am sure that it is not beyond the wit of draftsmen to bring it about. Whether it should be by way of statute or some administrative provision, I leave to the good judgment of those concerned.
My Lords, I intervene briefly to say that I, too, support the principle behind my noble friend Lord Marlesford’s amendment. It seems to me that if the principle is that you should be innocent until proved guilty, you should be proved guilty on the evidence and not by innuendo.
(9 years, 4 months ago)
Lords ChamberMy Lords, like many taking part in the debate this afternoon in your Lordships’ House, I was born in the north of England. Although I was educated and have worked away from the area, it has always been my home, so when I saw that a debate was coming up to take note of transport connectivity and infrastructure in the north of England, it seemed that I really ought to take part.
Having heard about the arc that runs from Liverpool through Manchester and Leeds, with a spur to Hull, going up north to Newcastle, I said to myself, “There is a dog that has not barked—what is it?”. So far in this debate, which has now gone on for quite some time, Cumbria has not been mentioned. Minor allusions have been made to parts of it, but its land area is probably not much less than that of the other places we have been talking about. I want to talk about what you might describe as the “North of the North”: that bit of the north of England which is above and further from London than what is often conventionally described in shorthand as the north of England.
Speaking as an individual, I am absolutely sure that what is good for Lancashire and Yorkshire and the immediate surrounding area, described by my noble friend the Minister as within a 40-mile radius, is good for Britain. I speak as someone who—slightly to my own surprise, it is true—was top of the polls in the European elections declared in St George’s Hall in Liverpool in 1999. I am sure that is right but I do not believe it follows that whatever is good for Lancashire and Yorkshire is necessarily going to make an enormous difference to the “North of the North”—to Cumbria. After all, where I live is roughly as far from Manchester as Amiens is from where we are now. If you think of that kind of distance south of Manchester in England, it is an unusual argument to advance that the development of Manchester will directly benefit the areas around Birmingham in some tangible and obvious economic way. It is important that we are aware of this when talking about northern transport and the north of England.
I am in many ways echoing a point made from the opposite Benches by the noble Lord, Lord Liddle. He is a Cumbria county councillor and he and I are neighbours. We are concerned because it does not seem to us that the enormous and welcome political initiatives around the northern powerhouse will necessarily be of any especial benefit to us. Of course, we welcome what is being done but it seems to me that the economic, social and other problems to be found in this big part of the north of England are not necessarily on all fours with those which have mainly been described this afternoon.
In the case of road transport, particular road schemes are obviously of importance in Cumbria. My noble friend Lord Jopling mentioned one—it was either the A66 or the A69. If those are set in the context of the kind of sums of money that we have been talking about, let us just do them both now. That would be peanuts in the overall scheme of things. However, it is true that the main road links to the south of England are important. Indeed, one of my definitions of hell is driving late at night in a rainstorm down the road between Birmingham and Preston for the rest of eternity.
Rail, too, is important to us. I remember being given some advice when I was standing on the hustings in my early days. It was: “Remember, nobody ever lost votes knocking British Rail”. I would like to put on record my appreciation of the fact that, possibly apart from last Thursday night, the west coast main line service is probably as good as I have ever known it. The concerns we have about HS2 are that the character of the service that will continue down to London, after it has been built, will mean that we will not get regular through services without changing. There is no doubt that whatever happens in Scotland, Edinburgh, Glasgow and the central belt are going to need good rail connections to the south of England. I do not want to see the area I come from in some way punished for that.
The most severe infrastructure shortcoming in the area where I come from is that of internet connection. Some years ago, I had the privilege of chairing the Communications Committee of this House when it did a report on the roll-out of broadband. We identified the real danger that many sparsely populated and not rich quarters of England would have inadequate broadband connections. We all know that steps have been taken to improve this. They have been slow; things are happening but not to the extent that they should. What concerns me very much, although I understand why, is that it is being said in the south that it is terribly important that those areas which have good broadband connections should have even more superior connections because that is essential for the national economy. I am not against doing that but, at the same time, as the counterpoint it is imperative that the areas where I come from actually have a half-decent broadband connection. It was explained to me the other day that that whirling disc which goes around and round on the screen is the trademark for poor internet connection. It is a familiar trademark to almost everybody who lives in the county of Cumbria.
My concern, and this will be the concern of the noble Lord, Lord Liddle, too, is that in terms of the policy decisions being taken in London, Cumbria is like a small country far away of which we know little. Can the Minister confirm that the Government recognise that that corner of the north of England has rather different issues from much of the rest of the north? We welcome the steps they are taking to help that part of the north of England. Will they make sure that they treat us separately and specifically address the problems that we face?
(10 years, 3 months ago)
Lords ChamberMy Lords, I shall make only a short intervention in today’s debate. I chair your Lordships’ post-legislative scrutiny committee on the Extradition Act 2003. We are at a very early stage in our work. We have heard some evidence but we have reached no provisional conclusions at all. However, one thing is absolutely clear to us. The effect of not opting back in to the European arrest warrant is to tear up Part 1 of the Act. There is no time now to put in place any form of alternative arrangements for the countries listed in Part 1 of the Act—our European Union colleagues—because the legal status quo ante no longer exists.
We have heard plenty of criticisms about the domestic implementation of the framework decision directive and of the framework decision directive itself. However, there are other ways of dealing with that other than simply not opting back in.
In the real world, the only way open for us to continue to have extradition arrangements with our closest neighbours, with whom we have freedom of movement, is to opt back in. Not to do so in practice will precipitate anarchy. To do that would be very foolhardy, to put it in parliamentary language.
(11 years, 7 months ago)
Lords ChamberMy Lords, I should like to address a few remarks to my noble friend Lord McNally about the general scheme behind the provisions in the Bill on which he has to some extent helpfully elaborated already. In so doing, I shall go on from where the noble Lord, Lord Soley, left off when talking about changes in the digital world. At the start I declare an interest as chairman of the Cumbrian Newspaper Group, but I am not going to talk about any of those interests at all. However, noble Lords may know that I am also chairman of the Communications Committee of this House. I do not want to breach any confidence, but at one o’clock in the morning this coming Wednesday, the committee will publish a report on digital convergence. A substantial part of that report deals with issues around the topic we are discussing today.
I think I am allowed to say in public that one of the things the committee was very interested in is the phenomenon known as television-like material as defined in the European Union audiovisual media services directive. This is material which can be viewed through an internet protocol television set but it is not broadcast and it is not a website. Your Lordships will be aware of this service because my noble friend Lord Dobbs has just had a great hit on Netflix, which is an example of one of these businesses. It is a fast-growing and significant part of the media landscape. In the committee’s view, because of the way that regulation is being proposed for broadcasting, the press and websites, TV-like material falls completely outwith the various definitions and so is not going to be caught. The committee does not think that that is the right way to proceed.
I turn first to the specific provisions of the Crime and Courts Bill and the amendments we are discussing. In addition, looking at the structure of the draft royal charter, it seems that embracing TV-like material of the kind I have described is only going to be possible, in the words of the noble Baroness, Lady Kennedy, if the entrenched law can be amended. Is it wise to start off with a big lacuna in the scheme; that is, before the draft charter has even got on to the statute book?
I am not here to make any further point than to draw the attention of the House to what the committee considers to be a potential problem with the overall scheme of regulation in this area. If the provisions as currently drafted go forward, they will leave a hole through which people may be able to drive and coach and six.
My Lords, I want to make some similar points to those just made by the noble Lord, Lord Inglewood, and in doing so I should like to declare an interest. I work for Facebook, which is a website operator. The points around definition have been made effectively in the scope of the amendments and in the comments of my noble friend Lord Lucas. They exemplify how hard it is to define anything in this area. As the noble Lord, Lord Inglewood, and his committee have found in trying to draw out these definitions, the more one goes into it, the more one finds that in many cases it is an imprecise science. It is hard to define precisely what it is one intends to regulate and does not intend to regulate.
The comments of my noble friend Lord McNally were extremely helpful in clarifying the Government’s intention not to include a wide range of services or individual activities within scope and I picked up on two particular phrases that he used. The first was “press-like” and the clear intention to regulate such services, and the second was “future-proof”, in that these provisions should be future-proofed. Subsection (7) of the proposed new clause set out in Amendment 19 refers to the concept of “News-related material”, but nowhere does it talk about the format of that material. Referring to the point made by the noble Lord, Lord Inglewood, it seems on first reading that “TV-like” and “radio-like” services would be covered. The new schedule set out in Amendment 131 provides an exemption for those who are licensed under the Broadcasting Acts, but again what we see increasingly is the ability to launch services over the internet that are TV-like and radio-like, but where no licence is required. If the legislation is to be future-proofed, it is important to understand whether it is the Government’s intention to restrict this to services that we would regard as being press-like today—most people in common parlance would understand that as being primarily the printed word—or if in the future someone launches a video or audio channel that consists primarily of news-related material—the new online TV-type and radio-type services—it is intended that it should be included in the scheme we are debating today. This is an important clarification for the increasing number of businesses and individuals who would like to move into this field of activity and for the increasing number of consumers who would like to receive their news through these new channels rather than the traditional ones.
(12 years, 9 months ago)
Lords ChamberMy Lords, the terms of reference for Lord Justice Leveson were set very wide indeed and it will be for Lord Justice Leveson to produce his report in due course. The timing of that report is obviously a matter for Lord Justice Leveson.
Does my noble friend the Minister know whether the inquiries that the police made before the arrests that he described in response to my noble friend Lord Fowler’s Question have been completed? If not, is there an anticipated timetable for completion?
Operation Weeting, which is one of the police investigations into the matter, is ongoing. As I made clear, there have been 17 arrests so far. There might be more in due course.
(12 years, 11 months ago)
Lords ChamberMy Lords, the noble Lord is going slightly beyond the Question on the Order Paper, but I shall certainly make inquiries for him and write in due course.
My Lords, does the Minister not agree that the fact that the Government have set up the Leveson inquiry is proof positive that they recognise that the existing arrangements are inadequate for regulating the press and that something needs to be done to improve matters, the detail of which, as yet, is not clear?
My Lords, as evinced by the number of questions that my noble friend Lord Fowler and others have asked in this House, as well as by questions asked in another place and concerns raised elsewhere, there has been considerable concern about the degree of phone hacking. Quite rightly, the Government responded to that concern and set up the inquiry by Lord Justice Leveson. They will respond in due course.
(14 years ago)
Lords ChamberMy Lords, I do not propose to comment on the substance of the Motion. However, I would like to make a few remarks about the process. Like the noble Lord, Lord Roper, I must mention that this is an historic occasion. After all, it is the first time that the House has considered whether it wishes to pass a reasoned opinion. As the effect of a number of reasoned opinions from different member states, when added together, can change the direction of the European legislative process, albeit somewhat tentatively, it is a new form of involvement in the European system of law-making which directly involves parliaments of the member states. It is, of course, in line with the provisions that were brought in under the Lisbon treaty because this House is one of two Chambers of a bicameral parliament of a member state of the Union. Indeed, if I think back to the debate on the Lisbon treaty, there was not agreement about very much but, as I recall, this was one of the few proposals which seemed to command general support.
We are talking about the direct involvement of this House in European law-making. We are not talking about political process; we are not talking about scrutiny; we are not talking about participation in COSAC; and we are not even talking about domestic legislation. We are talking about something very new. It follows that this House is entirely at liberty in these circumstances to take a different view from either the Government of the day or of the other place. They too, in their own way, have their own role in European legislation. As has been explained, it seems that in this instance the Government and this House are more or less at one, both on process and on substance, but that is not necessarily always going to be the case.
As a result, there are two questions I would like to ask the Minister—I hope she has been warned about them. First, what is the Government’s policy towards a draft piece of legislation which they consider to be in breach of the principle of subsidiarity, but of whose substance they approve? Secondly, I would be grateful if the Minister could confirm that, in their view, the primary principle for this House and for another place in considering these matters is to ensure that the constitutional integrity of this country’s relationship with the European Union is maintained.