Brexit

Debate between Lord McNally and Lord Hamilton of Epsom

Wednesday 2nd October 2019 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I am glad to have listened to the noble Lord, Lord Judd, and I thought for one brief moment that I was going to actually agree with him on something, because he said he had growing reservations about our unwritten constitution—but then that took him off to saying there should be a second referendum. I do not quite follow that one.

I will talk about the judgment of the Supreme Court and the noble and learned Baroness, Lady Hale, which is remarkable on two counts. The first is that it was unanimous. All 11 judges on the Supreme Court reached the same conclusion, when we all know that the judiciary is totally divided on this issue. Does this not raise slight questions in people’s minds as to how they came to a unanimous conclusion when the previous court, the Divisional Court, had voted the other way? They overturned the verdict of the Lord Chief Justice of England and Wales and the Master of the Rolls. Was it not rather strange that they should reach a unanimous verdict when so many other very distinguished judges across the country had decided the other way?

[Lord McNally]

What is the noble Lord implying? He should not just put a question mark up. The clue as to why there is a difference is in the name “Supreme Court”. Why does the noble Lord think all 11 came to the same conclusion? By raising it, he is implying that there must have been some collusion or malfunction. Why ask the question without giving us an answer?

[Lord Hamilton of Epsom]

Because I do not know what went on in the previous discussions of the Supreme Court; I was not there. All I am saying is that it is very strange that the conclusion the court came to was completely unanimous. This is very odd.

Legal Aid

Debate between Lord McNally and Lord Hamilton of Epsom

Monday 3rd June 2013 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, can my noble friend tell the House what the rise in the cost of legal aid has actually been in this country? Is it not inevitable, if we have to find savings in the public sector, that legal aid should find savings like anywhere else?

[Lord McNally]

That is no more than the blunt truth. In 2010, when we came in, a spending review took place that asked for 23% cuts across the board in my department, which at the time was spending £10 billion a year on prisons, the probation service, legal aid, courts services and staff. All five of those have had to take the burden and brunt of the cuts. It is very difficult to make decisions at this time, but we have consulted and listened and are continuing to do so to try to make sure that we end up with a legal profession able to help the most vulnerable in our society through the legal aid fund.

Crime: Homeowners’ Liability

Debate between Lord McNally and Lord Hamilton of Epsom

Tuesday 24th May 2011 Lords Chamber

[Lord McNally]

My Lords, my department will respond to Lord Justice Jackson's report shortly, but anyone who thinks that they can get a no-win no-fee prosecution on this basis will end up with no fee.

[Lord Hamilton of Epsom]

My Lords, is not the absurdity of the advice given by the police as outlined by my noble friend Lady Gardner a very good example of why we need elected police commissioners to reconnect with the public they are supposed to serve?

[Lord McNally]

What a good question. While a Bill is before the House, that can be used in evidence. As I said at the beginning, this is a report of advice given by the Surrey police which, on reflection, they would probably think is not proportionate. In a case in Florida recently someone wired up their window frames to the electricity mains and electrocuted a burglar. That is disproportionate. Wire mesh on the windows is not.

Crime: Murder

Debate between Lord McNally and Lord Hamilton of Epsom

Monday 24th January 2011 Lords Chamber

[Lord McNally]

My Lords, I do not try to mislead the House in any way in acknowledging that some of these issues have been before successive Governments for a very long time. On some of the issues, such as when the plea is on grounds of a mercy killing or a related defence, successive Governments have taken the view that this is a matter for Parliament rather than the Government of the day. Within their broad decision not to attempt a major reform of the law at the moment, the Government are trying to look at the guidance so that it may be simplified and to trust the judgment of judges in these matters.

[Lord Hamilton of Epsom]

Can my noble friend tell us how many convicted murderers who have been given life sentences have actually died in prison? Surely the reality of a mandatory life sentence is that it does not actually amount to that at the end of the day.

Law Reform: Murder

Debate between Lord McNally and Lord Hamilton of Epsom

Monday 12th July 2010 Lords Chamber

[Lord McNally]

My Lords, the short answer is yes. Such strong recommendations from a Select Committee carry weight, but we must be careful to ensure that in addressing the issue of the mandatory sentence for murder, we do not slip into other issues which have caused problems, such as mercy killing and euthanasia, which I think need to be considered separately as a matter of law.

[Lord Hamilton of Epsom]

My Lords, in the light of the coalition's new enthusiasm for referenda and its desire to consult the people about changes in the law, will the Government be holding a referendum on the restoration of the death penalty?

[Lord McNally]

No sir.

Political Parties: Funding

Debate between Lord McNally and Lord Hamilton of Epsom

Thursday 1st July 2010 Lords Chamber

[Lord McNally]

My Lords, as on many other subjects, I agree with the noble Lord, Lord Campbell-Savours. I have supported that idea for a long time. I can assure him that I shall report our exchange to the Deputy Prime Minister and suggest that he raises the matter with the Treasury.

[Lord Hamilton of Epsom]

My Lords, popular as the idea of tax relief is with the coalition Government, I do not think that it will solve the problem of funding political parties for the duration of a Parliament. I met no one at the last election who complained about the Conservative Opposition receiving £4.2 million of taxpayers’ money. Indeed, I think that very few taxpayers knew that they were contributing to the Conservative Opposition to that extent. It is critical that we get ahead with this. I am disappointed that it was not in the Queen’s Speech as part of our legislative programme for this Session. I suspect that at the next election no one will be talking about it.

[Lord McNally]

I take the point that my noble friend is making. That is why I said that we will be getting ahead with the issue early in this Parliament. We need to deal with this. As long as I have been in politics, one party or another has become embroiled in some scandal or another—and it will happen again unless we face up to the fact that politics costs money. If you want to keep big money and big influence out of politics, you have to do some radical things about party funding.