Sexual Harassment in Parliament

Lord Lester of Herne Hill Excerpts

Monday 30th October 2017 Lords Chamber

[Baroness Evans of Bowes Park]

I thank my noble friend and I pay tribute from this side of the House to the work she has done on this. She is absolutely right to point out the changing gender balance in both Houses. This House is a leader in this regard, with two female Leaders of the House, a lot of female representatives on our Front Bench and two female Speakers. As a House we can be proud of the work we have done on gender balance. We have more to do, but we can be a very good influence around this building.

[Lord Lester of Herne Hill (LD)]

My Lords, the Statement referred to the fact that a Minister has been referred to the Cabinet Office to see whether he has violated the Ministerial Code. Will the Leader of the House tell us which provision of the Ministerial Code is in play here?

[Baroness Evans of Bowes Park]

I cannot go into the details of the investigation, but the Ministerial Code is clear that one of the things Ministers have an obligation to do is protect the integrity of public life, so we shall have to wait until the investigation concludes.

European Council

Lord Lester of Herne Hill Excerpts

Monday 26th June 2017 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend makes a very good point. Certainly, the initial discussions were positive. We are both starting to identify our priorities. We all want to achieve the best possible outcome and the strongest possible partnership, one that works for the UK and the EU. Now that we are around the negotiating table, that is what we will all be working for.

[Lord Lester of Herne Hill (LD)]

Will the Leader of the House confirm that what I am about to say is accurate? Everyone in this House has two citizenships—one is normally United Kingdom citizenship and the other European citizenship. European citizenship is conferred by the treaty of Maastricht and the rights it confers are enforceable and protected by the European Court of Justice. Therefore, my first question is: if that is right, does my doctor, who is a German living in this country, have European citizenship rights protected by the European Court of Justice? My second question is: what about people like me, who are British citizens and European citizens under the treaty of Maastricht? The Government cannot take away the rights of EU nationals under the treaty of Maastricht, which are protected by the Luxembourg court. However, do they intend that British citizens will be in a worse position as we will no longer be protected by the European Court of Justice and will not have the rights conferred by the treaty of Maastricht?

[Baroness Evans of Bowes Park]

I believe that our legal system is second to none and we should be very proud of it. The proposed agreements will be enshrined in UK law and enforceable through the UK judicial system, up to and including the Supreme Court. We are also ready to make commitments in the withdrawal agreement which will have the status of international law. We will discuss with the EU how to ensure that UK nationals in the EU will be able to rely on their rights that are agreed.

European Union (Notification of Withdrawal) Bill

Lord Lester of Herne Hill Excerpts

Monday 20th February 2017 Lords Chamber

[Lord Lester of Herne Hill (LD)]

My Lords, after attempting unconstitutionally to rush to the Article 50 exit without legislative authority, the Government have produced this simple Bill, which is no better than a Motion to approve in legislative clothing, and a White Paper that fails to explain the Government’s strategy or to answer the key political and legal questions.

The Government interpret Article 50 as a trap that, once opened, cannot be closed. But its author, the noble Lord, Lord Kerr of Kinlochard, who I am glad to see in his place, has made it clear that when the Article 50 process is triggered, the UK may continue to remain a member of the EU.

The White Paper—perhaps I should call it the off-White Paper—contains statements worthy of Dr Pangloss, George Orwell and Humpty-Dumpty. It claims that the UK’s constitutional arrangements make us,

“the world’s most successful and enduring multi-nation state”.

Tell that to the Celtic parts of our disunited kingdom. According to the Prime Minister,

“after all the division and discord, the country is coming together”.

That is fake and false news. The referendum and its aftermath have been an agent of fracture, not of healing.

The White Paper says that it sets out,

“how the Great Repeal Bill will ensure that our legislatures and courts will be the final decision makers in our country”.

It does not say how that will be done. The Government say that they will,

“bring an end to the jurisdiction”,

of the Luxembourg court in the UK. They do not say how that will be done.

The Government say that they will continue to work with the EU to preserve UK and European security, and to fight terrorism and uphold justice across Europe. That must mean the European arrest warrant, and EU databases and information exchange systems. They do not explain how that can be done without the supervisory jurisdiction of the European Court of Justice—for example, while there are transitional arrangements, or where cross-border issues arise with the Irish Republic. I am so glad that the noble and learned Lord, Lord Keen of Elie, is listening, because he can advise the Minister how to deal with this by way of reply.

Will the British courts be instructed to follow and apply the ECJ’s case law or not? Will that be the ECJ’s existing or future case law? Suppose Mrs Smith claims equal pay under the Equality Act. She wants the Act to be read compatibly with judgments of the ECJ, interpreting EU equality law. After we leave the EU and end the ECJ’s jurisdiction, what will our courts and tribunals do? Will they be permitted to apply the ECJ’s case law? Will that be the law as it stood when we left the EU or developing law? The Government say that they will convert the body of EU law into our domestic legislation and,

“will ensure the continued protection of workers’ rights. This will give certainty and continuity to employees and employers alike, creating stability”.

What do the Government expect our courts and tribunals to do before this statutory conversion happens? What about the effect on rights of parties with pending cases before the ECJ?

The Government treat the advisory referendum as binding and claim its outcome requires them to take us out of Europe willy-nilly, even if they fail to get the deal they want. No deal, they say, is better than a bad deal. However, the White Paper is silent about the political and legal consequences if there is no deal. The Bill needs to make it clear that the UK will leave the EU at the end of the Article 50 process only if and when Parliament has legislated either to approve the terms of a withdrawal agreement or to authorise withdrawal in the absence of any agreement. We need an assurance from the Government that they will not use the rights of our fellow European citizens as a bargaining chip here and abroad.

Despite the Government’s threats, I have no doubt that we in this House will do our constitutional duty and enable the elected House to do theirs. Unless we think again, I regret that our modern destiny will be as an offshore island, semi-detached from Europe—a once-great nation that lost an empire and failed to find a new, modern identity in Europe.

Judicial Independence

Lord Lester of Herne Hill Excerpts

Wednesday 7th December 2016 Lords Chamber

[Lord Henley]

My Lords, the noble Lord is tempting me to comment on things that it would not be appropriate for me to comment on.

[Lord Lester of Herne Hill (LD)]

My Lords, is the Minister aware that I have tried twice to find out from the Government whether there is guidance as to what Ministers should do in performance of their Section 3 duty to uphold judicial independence? On the last occasion, the noble and learned Lord, Lord Keen of Elie, directed me to the Cabinet Manual, but it gives no guidance except a reference to judicial independence. Will the Minister ask his colleagues to give some written guidance to themselves about how they should comply with their Section 3 duty—and, in doing so, will he advise his colleagues to reject the idea in today’s Daily Mail that we should take the American practice of electing judges instead of the practice that, for example, the noble and learned Lord, Lord Mackay of Clashfern, very clearly instituted in the past?

[Lord Henley]

My Lords, I do not think that the noble Lord would expect me to comment on what appeared in the Daily Mail today, and I have no intention of doing so. But I shall note what he said about guidance to Ministers and pass it on to my right honourable friends.

Outcome of the EU Referendum

Lord Lester of Herne Hill Excerpts

Monday 27th June 2016 Lords Chamber

[Baroness Stowell of Beeston]

I am afraid that I do not agree with the noble Lord. I am not going to comment on the different campaign teams and their campaigns. In my view, the people who voted to leave the European Union last Thursday knew that they wanted to leave the European Union. Their decision may have been motivated by a range of different things, but suggesting that they did not know what they wanted and that we should therefore somehow now seek another referendum to ask them, “Are you sure?”, is not the right way for us to go from here. I think that the right thing for us to do now is to focus on implementing that decision and to do so in a way that brings success and opportunity to the people of this country. We should make sure that it delivers a future that is good for everybody in this country.

[Lord Lester of Herne Hill (LD)]

My Lords, we are a parliamentary democracy in which Parliament is meant to be supreme. The leave campaign focused on restoring the powers of Parliament as one of its aims. Can the Leader of the House tell the House whether, before triggering Article 50 of the treaty, the Government will seek the approval of both Houses? If not, what do the Government envisage to be the role of Parliament? Will they rely purely on prerogative powers like a medieval king or will they involve our supreme legislature before taking the decision?

[Baroness Stowell of Beeston]

As I have already said, clearly it is very important that Parliament has a role in this process, but at this time I am not able to specify what that role is.

Syria: UK Military Action

Lord Lester of Herne Hill Excerpts

Wednesday 2nd December 2015 Lords Chamber

[Lord Lester of Herne Hill (LD)]

My Lords, in 2003, I marched against the proposed invasion of Iraq and spoke in this House with my then noble friend Lord Goodhart doubting its legality. I believe that Chilcot will vindicate that view. The situation that we are in today is completely different. With great parliamentary backing, we have taken part in lawful armed intervention against Daesh in Iraq. It would be absurd to argue that we cannot lawfully do the same in Syria, in accordance with UN Resolution 2249, taking necessary and proportionate measures. The unanimous resolution describes Daesh as,

“a global and unprecedented threat to international peace and security”.

It says that the Security Council is determined to combat by all means this unprecedented threat to international peace and security. It calls on member states to take all necessary and proportionate measures on the territory under the control of Daesh in Syria and Iraq and to redouble and co-ordinate their efforts to prevent and suppress terrorist attacks committed specifically by Daesh and other terrorist groups. It calls on member states to,

“eradicate the safe haven they have established over significant parts of Iraq and Syria”.

International law has developed to meet the challenge posed by these terrorist bodies, even though they are non-state actors. There is no good legal reason to argue that what is happening already in Iraq should not also happen across the border in accordance with our Government’s commitments. Daesh does not recognise the frontier between the two countries in committing its barbarous acts.

I fully respect the views of colleagues who doubt the wisdom of joining the United States, France and Russia, but I do not agree with them. I doubt whether the issue of legality will make a difference to the outcome of the debate in the other place, but I am quite clear that what the Government propose and what the UN Security Council authorises fully accords with international law. What matters is the unprecedented threat that we now face from terrorism by Daesh, sometimes using British nationals as its agents. I believe that the right of collective self-defence amply covers British military intervention and compliance with the UN charter. What is proposed is, in my view, necessary and proportionate.

Caste Discrimination

Lord Lester of Herne Hill Excerpts

Wednesday 15th July 2015 Lords Chamber

[Baroness Williams of Trafford]

My Lords, it would not be appropriate for me to speculate on discussions within government. I do not want to comment on or rule out any course of action. As I have said a couple of times now, the Government are considering the present position.

[Lord Lester of Herne Hill (LD)]

My Lords—

[Lord Singh of Wimbledon (CB)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, it is the turn of the Lib Dem Benches and then we have time to go to the Cross Benches.

[Lord Lester of Herne Hill]

Will the Minister explain how her replies are compatible with parliamentary supremacy, given that Parliament decided to insert the duty into the statute? Will she also explain how it is compatible with legal certainty, given that the only way one could do it through case law would be by going to the Supreme Court, at a cost of many hundreds of thousands of pounds, when Parliament has decided that it should be done by us by statute?

[Baroness Williams of Trafford]

My Lords, I repeat once again that the Government will be actively considering this, and will take their view in due course.

G20 Summit

Lord Lester of Herne Hill Excerpts

Monday 25th June 2012 Lords Chamber

[The Lord Bishop of Ripon and Leeds]

My Lords—

[Lord Lester of Herne Hill]

My Lords—

[Earl Attlee]

My Lords, can we hear first from the right reverend Prelate?

[Lord Strathclyde]

My Lords, I thank the right reverend Prelate for his general welcome. I cannot add anything more on the anti-corruption plan because G20 officials have been asked to come forward with details over the next few months. We will have to wait and see what will happen on that. As to food security and technology, the UK met its L’Aquila financial commitments in full and will continue to provide broadly equivalent resources to help food security. We made welcome progress at the G20 on implementation of commitments made last year at Cannes, including rolling out the Agricultural Market Information System to improve transparency, endorsing the Scaling Up Nutrition movement, and pledging to continue our work in other areas, such as the platform for agricultural risk management. This is an area to which a substantial amount of importance is given, as is the hunger event at the Olympics in London during August. I think that the idea is to hold a conference to concentrate people’s minds on the issue of hunger around the world, but if I can add more I shall let the right reverend Prelate know.

[Lord Lester of Herne Hill]

My Lords, is my noble friend the Leader of the House aware that when a great democratic socialist—namely, Roy Jenkins—served as Chancellor of the Exchequer, he was of the view, and remained of the view when he became Home Secretary in the second Wilson Government, that the national debt should not occupy more than about 40% of GDP? That view was expressed by Mr David Laws in an interesting article in the Sunday Telegraph this weekend. Is my noble friend aware that it is possible to have that view and yet be a democratic socialist?

[Lord Strathclyde]

My Lords, I think my noble friend is trying to be helpful. Indeed, he is being very helpful. Our net debt to GDP is considerably higher than 40%. My noble friend is right: as President Hollande has shown, the answer does not lie in increasing debt.

Queen’s Speech

Lord Lester of Herne Hill Excerpts

Thursday 10th May 2012 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, we are in favour of a 100%-elected House. We debated hybridity last week. Our view on a mostly elected Chamber is that the 20% non-elected element would not feel confident about making a positive contribution in a House that would be much more political. One has only to think of what happened with hereditary Peers. I well remember, when my party was in government, that when we lost votes we counted up the votes of hereditary Peers, and if it turned out that we had lost because of their votes we made a great play of it. The same thing would happen with Cross-Benchers. They would be in an impossible position because it would be argued that because of non-elected Cross-Benchers the will of the elected majority in the second Chamber had been thwarted. In a non-elected House, I pay tribute to the great contribution of Cross-Benchers. However, a hybrid 80%-elected House would not work.

[Lord Lester of Herne Hill]

I have listened to the noble Lord’s very important and interesting speech. Does it follow from his argument that the Labour Party’s position will be that because of the West Lothian question and the examination of it, and because of the Scottish referendum, it would be more sensible to postpone consideration of parliamentary reform so that options such as a Senate and indirect elections from Scotland, Wales, Northern Ireland and England should be contemplated—or is that simply a debating point?