Mental Health Act

Debate between Lord Lloyd of Berwick and Baroness Pitkeathley

Monday 29th October 2012 Lords Chamber

[Baroness Pitkeathley]

My Lords—

[Lord Lloyd of Berwick]

My Lords, perhaps I may speak later. I thought that the Liberal Democrat Benches wished to speak.

--- Later in debate ---

[Baroness Pitkeathley]

My Lords—

[Lord Lloyd of Berwick]

My Lords, like the noble Lord, Lord Hunt of Kings Heath, I would hope that the Minister could tell us a little more about how these irregularities came to light only last week. The problem, of course, is that there is a well known maxim of the law that the delegate of a power—that is to say the person to whom a power is delegated—cannot delegate it to another. I think that it is expressed in Latin as delegatus non potest delegare.

It is no doubt that maxim which has caused the lawyers to have had some doubt about the lawfulness of the detention in these cases. Indeed, it is perhaps surprising—again, the noble Lord might be able to give us some understanding about this—that these irregularities have not come to light before. Now that they have, I agree with the advice given by First Treasury Counsel that there is here a need for absolute clarity and that the best way to achieve that is by legislation. The whole point of it is that it should have retrospective effect. I end by congratulating the Government on reacting so quickly.

Fixed-term Parliaments Bill

Debate between Lord Lloyd of Berwick and Baroness Pitkeathley

Monday 21st March 2011 Lords Chamber

[Lord Lloyd of Berwick]

I shall answer on the noble and learned Lord’s behalf. The evidence given to the Power commission was clearly in favour of more elections rather than fewer, not more than four years apart.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

My Lords, I remind you that the amendment is being withdrawn.