Data Protection Bill [HL]

Debate between Lord McNally and Baroness Jay of Paddington

Committee: 3rd sitting (Hansard): House of Lords
Monday 13th November 2017 Lords Chamber

[Baroness Jay of Paddington (Lab)]

My Lords, before the Minister replies to my noble friend Lord Whitty, I want to emphasise the importance of his arguments and ask him to reflect again on what he said about the point made by the noble Baroness, Lady Hamwee, on the Electoral Commission’s involvement. Although, as the Minister said, he wrote in general terms to the commission—or it was asked to give evidence to the Government on the matter—that may have been around the time of the general election, when perhaps it was engaged in immediate problems. It is important that it be included in discussions on the broader issues, particularly the ones just raised by my noble friend Lord Whitty. Perhaps it would be worth the Government reflecting on attempting to draw it into the conversation now.

[Lord McNally (LD)]

It is easier for me to intervene now, so the Minister can answer everything in one go. In two small amendments, there is a massive issue that needs to be addressed with great seriousness. The Minister referred to the Information Commissioner’s study on the interrelationship between data and the political process. I wonder whether her findings will be available before the Bill becomes law, because that will have a great impact. The other thing we must learn, as the noble Lord, Lord Whitty, said, is that it is often wise to look across the Atlantic to find out what is coming to us. There is a massive problem coming down the road concerning how data are used during the political process. On the one hand, there is the issue, referred to by the noble Lord, Lord Kennedy, of political parties being mostly volunteers, trying their best to deal with complex laws. They must be protected as best they can. On the other side of the argument, there is a degree of sophistication in applying data to politics, which could become a threat to the democratic process. These are two small amendments, but they are an iceberg in terms of the problems that lie beneath them.

Crime and Courts Bill [HL]

Debate between Lord McNally and Baroness Jay of Paddington

Tuesday 18th December 2012 Lords Chamber

[Lord McNally]

I do not wish to pre-empt or shorten the debate, but it might help if I were to say something here. I hope that my noble friend Lord Marks will withdraw Amendment 6 as it is overtaken by the subsequent amendment. I will respond first to my noble friend’s Amendment 7, which seeks to apply a tipping-point principle to appointments to the UK Supreme Court.

The Government’s position has always been that a tipping-point principle should apply to the Supreme Court and we believed, as he said, that the tipping point in Section 159 of the Equality Act 2010 already applied to such appointments. However, as my noble friend Lord Marks explained, there could be a contrary legal view and I can see that there may be merit in the argument that this matter should be put beyond doubt. Therefore, I am happy to say that my right honourable friend the Lord Chancellor is content for me to take this amendment away for consideration with a view to returning to the matter when the Bill goes to the other place.

Amendment 8 concerns whether the Lord Chancellor and Lord Chief Justice should be under a statutory duty to encourage judicial diversity. Following the debate on this issue on Report, I agreed to discuss the matter further with the Lord Chancellor and Lord Chief Justice in order to reflect the strength of feeling expressed by the House. Amendment 8 is in response to that further consideration.

There is much agreement in the House about the importance of a diverse judiciary that more closely reflects our society. There is also agreement that strong leadership is needed to bring about this change. Amendment 8 helps achieve that leadership by giving a clear declaration of the importance of the Lord Chancellor and the Lord Chief Justice promoting diversity. Therefore, as I explained, in view of the reasons and undertakings I have given, I hope that my noble friend Lord Marks will withdraw Amendment 6 and will not move Amendment 7. I commend to the House Amendment 8, relating to a diversity duty, and I thank the Constitution Committee and other noble Lords who made the case so strongly for an amendment of this sort. I emphasise again that I will take away Amendment 7 for suitable representation in the other place.

[Baroness Jay of Paddington]

My Lords, my name is not on this amendment but I have spoken several times on this subject during the course of the Bill. I welcome the Minister’s further discussions with the Lord Chancellor, and the government amendment. As he said, it reflects the Constitution Committee’s considerations of this matter which, as he mentioned in the discussion on a previous amendment, have been going on since the beginning of this year. I am delighted that he has taken the view that he has and that he is proposing Amendment 8.

Crime and Courts Bill [HL]

Debate between Lord McNally and Baroness Jay of Paddington

Wednesday 27th June 2012 Lords Chamber

[Lord McNally]

If it is such a gossip-ridden world, the better it would be to have the Lord Chancellor fully and transparently in the process. I am afraid that all that one can say is that strong opinions are held.

[Baroness Jay of Paddington]

I am a non-lawyer who, I am glad to say, was not part of the constitutional settlement in 2005. If the noble Lord described himself disingenuously as a simple lad, I am even worse as a simple laddess. I am trying to get a vision of this construct that the Minister has explained of either my noble and learned friend Lord Falconer or the present holder of the office of Lord Chancellor, the right honourable Kenneth Clarke, being subdued members of a totally egalitarian panel on which the merits of the candidates are discussed in a constructive and totally relaxed way, and the subdued and reticent Lord Chancellor finds himself in a minority. Should the panel recommend that Judge X becomes a member of the Supreme Court, the Lord Chancellor, having been this subdued and reticent member of the panel, could feel that it is wrong. What, then, are the prospects for effective working between them?

[Lord McNally]

Quite often in politics, in the law and in other parts of life, one finds oneself working with someone whom you do not particularly like. The difference this time is that there would be no political veto to that committee’s decision. It is worth putting on record that this would be a Lord Chancellor withdrawing his veto from those appointments. Yet, with his silken sophistry, the noble and learned Lord, Lord Falconer, implies that this is an extension of political power. It is just the opposite of the extension of political interference.

--- Later in debate ---

[Baroness Prashar]

I thank the Minister for giving way. I now want to turn to another point on which I and the noble Baroness, Lady Jay, asked a question. The provision states that the Lord Chancellor “may” sit on the panel. If that is the case, on what basis will he decide to sit on the panel? If he decides to do so, will that not send a different signal? Will it not suggest that there is a reason why he wants to sit on the panel or a reason why he decides not to do so? I think that that will create an unhelpful perception.

[Baroness Jay of Paddington]

The noble Baroness, Lady Prashar, mentioned that I also raised a point on this matter. If the Lord Chancellor decides not to sit on one of these panels, does he not retain the right of veto, and that therefore the disappearance of the veto, on which the Minister has been relying so greatly, is not in fact universal?

[Lord McNally]

No. I am very grateful to the noble Baroness because I should have clarified this point. The Bill says that the Lord Chancellor “may” be a member, but we intend to bring forward regulations setting out that the Lord Chancellor “will” be a member of the panel. This will not be able to be changed other than by a new regulation, which will be subject to affirmative procedures and agreement and to the agreement of the Lord Chief Justice and the president of the Supreme Court.

House of Lords Reform: Committee Membership

Debate between Lord McNally and Baroness Jay of Paddington

Tuesday 8th June 2010 Lords Chamber

[Lord McNally]

My Lords, when we first meet I will draw those statements to the attention of the chairman, because they give a succinct work-in-progress for us.

[Baroness Jay of Paddington]

My Lords, given that the coalition has clearly set out the policy that it wants to see in terms of the Bill to be presented to both Houses of Parliament, what is the agenda, the remit, for this committee?

[Lord McNally]

The remit for the committee, taking into account what the Convener of the Cross Benches has just said, is to prepare a Bill. One of the great weaknesses of all our discussions over the past 10 years has been that no one has had a bone to chew on. We are going to produce a Bill.