Crime and Courts Bill [HL]

Debate between Lord Lucas and Lord McNally

Monday 25th March 2013 Lords Chamber

[Lord Lucas]

My noble friend has been suspended above his seat for a longer time than the Maharishi Yogi ever achieved. At risk of prolonging that, before my noble friend sits down, will he confirm, in order that he might get his supper this hour rather than next, that the matters that the noble Lord, Lord Stevenson, raised in his speech will be under active consideration in the Commons before this Bill returns to this House?

[Lord McNally]

I will look at what the noble Lord, Lord Stevenson, raised, but I warn the House against the idea that what is going back to the House of Commons is a reopening of these discussions. We have said what we want to see passed, we have asked noble Lords to withdraw. I have explained. I do not want to mislead the House. The Commons will be able to consider only their amendments that have been amended by this House. For example, if we do not today amend Commons Amendment 14, that amendment will no longer be in play during the next round of ping-pong. We are not sending the Bill back to the Commons for another go. Quite frankly, that would be extremely dangerous. My reply was carefully crafted by many hands far more expert than mine in a way that I hope gives the assurances that were sought in raising the amendments, not least those tabled by the noble Lord, Lord Skidelsky, However, the way that ping-pong works keeps the debate very tight and I do not want to mislead the House that it allows a rerun of negotiations on this. To even suggest that would be a bad mistake.

Defamation Bill

Debate between Lord Lucas and Lord McNally

Tuesday 5th February 2013 Lords Chamber

[Lord Lucas]

My Lords, I was hoping to get some explanation of Amendment 15 as we have not debated it. I rather wonder why it was moved formally.

[The Minister of State, Ministry of Justice (Lord McNally)]

Because we want to get home before 3 am.

[Lord Lucas]

Well, let me delay things a little—but not for long.

We have had a long debate and a great deal of discussion about this but it appears to me that the regulations as they are will not allow the Government to give website operators, such as myself and others, the comfort we need to be able to keep postings in place when we are challenged as to whether they should be and we think that they are fair comment. We need some way of discovering whether the law is on our side or against us. The amendment is intended to allow the Government to frame regulations that would give us that comfort and allow us to allow others freedom of speech. I beg to move.

Defamation Bill

Debate between Lord Lucas and Lord McNally

Tuesday 15th January 2013 Grand Committee

[Lord McNally]

I hope that Hansard noted that comment from a sedentary position and the general approval from the non-lawyers in the Committee for that observation.

At some stages during those debates, as a non-lawyer, I thought of John Wilkes, the famous radical. When he was about to publish his newspaper, the North Briton, he was asked by a French acquaintance, “Is the press free in your country?”. “I am about to find out,” said Wilkes. I think, having listened to this debate, that in some respects the internet is going to find out whether or not it is free. My noble friend Lord Mawhinney asked me where we were with regard to balance. It is not a question of balance between right and wrong, but the debates that we have had today show that there is a balance.

One of the great things about continuity in this House is that I was on the pre-legislative scrutiny committee that looked at the Communications Bill, where we deliberately advised against trying to legislate for the internet. On reflection, I think that we were right. My noble friend Lord Phillips said that he was on the side of the little man. On reflection, one of the greatest boons to the rights of the little man over the past decade or so has been the worldwide web and its freedoms. While I hear the passion and the righteous indignation of those who have been defamed and hurt, we as a Committee have to be careful not to overlegislate something that on the plus side has some considerable benefits for the little man.

That was a complete abuse of procedure, because I am moving a government amendment of some simplicity. It was also because I am wracked by guilt: at one point during the debates, the noble Baroness, Lady Hayter, helpfully sent me a note saying, “Are you on holiday?”. The truth is that when we were setting out who was going to handle what, I thought, “Clause 5 will be a nice snappy debate, since my noble friend Lord Ahmad—although he is learning disturbingly fast—should be given some experience of Bill-handling”. Little did I realise that he was going to have such a baptism of fire.

Amendment 28 provides for the affirmative resolution procedure to apply to the scrutiny of the regulations to be made under Clause 5 of the Bill, rather than the negative resolution procedure as the Bill currently provides. That is in the light of views put forward on this issue by the Delegated Powers and Regulatory Reform Committee, the Joint Committee on Human Rights and others. The affirmative procedure will ensure that the regulations receive more thorough parliamentary scrutiny. I hope that, as such, it will be acceptable to this Committee and to the House. I beg to move.

[Lord Lucas]

My Lords, I am very grateful to my noble friend for that explanation. Our noble friend Lord Ahmad has been doing a superb job, and I have been immensely impressed. I had assumed that my noble friend Lord McNally was silent because he was serving time in the penalty box after voting against the Government yesterday.

House of Lords Reform: Committee Membership

Debate between Lord Lucas and Lord McNally

Tuesday 8th June 2010 Lords Chamber

[Lord Lucas]

To ask Her Majesty’s Government what will be the membership of the committee to be established to bring forward proposals for a wholly or mainly elected upper chamber.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, my right honourable friend the Deputy Prime Minister announced yesterday that he will chair a committee composed of Members of all three major political parties in both Houses. It will be charged with producing a draft Bill by no later than the end of this year. The draft Bill will then be subject to pre-legislative scrutiny of a Joint Committee of both Houses. Those serving on the committee will be Mr Mark Harper MP, the noble Lord, Lord Strathclyde, the noble Baroness, Lady Royall, Sir George Young, Mr David Heath, Miss Rosie Winterton, Mr Jack Straw and me, under the chairmanship of Nick Clegg.

[Lord Lucas]

My Lords, the best part of that Answer was the inclusion of the noble Lord himself in the list of members. Does he agree that it is important that the committee should have a deep understanding of the way that the House of Lords operates within the constitution in order to avoid some of the mistakes made by the previous Government when contemplating constitutional reform? Will he assure us that, unlike previous attempts at reforming the Lords, this one will be conducted openly and with full access for Members of this House to the committee to put their views and ideas?

[Lord McNally]

I thank my noble friend for his comments. I think that Fabio Capello could not get a better blend of youth and experience than this committee. How the committee will do its work will depend on what it announces after its first meeting. But I agree with him. I hope that Members of both Houses and organisations outside will feel free to feed in their ideas and opinions. But it is a working group to draft legislation. It will not just go around in ever-decreasing circles, which has been the experience of the past 10 years.