Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Lord McNicol of West Kilbride Excerpts

Tuesday 17th January 2023 Grand Committee

Motion agreed.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

We do not have a Minister—the noble Baroness, Lady Goldie, is not here—so I propose to adjourn Grand Committee for 10 minutes. If the Minister is not here, the Whip or someone else from the Government will take the next instrument. Grand Committee is now adjourned until 5.18 pm, when it will recommence.

Scottish Parliament: Independence Referendum

Lord McNicol of West Kilbride Excerpts

Wednesday 20th July 2022 Lords Chamber

[Lord Offord of Garvel (Con)]

Yes, I do, and I agree with the noble Earl. This might be recognised in the 2021 election for Holyrood: the First Minister was trying to persuade Scots to vote for her on her Covid record, but the minute she got into power, her campaign went back to being a mandate for a referendum.

I agree that we have a lot of weeping, wailing and gnashing of teeth the whole time, but we must look at what this is actually based on. The population of Scotland is 5.3 million, of whom 4.3 million are eligible to vote. In the 2014 independence referendum, 3.6 million Scots voted—an extraordinary percentage of 84%, the highest in any country other than Australia, where it is mandatory to vote. Noble Lords should compare this with the 2.6 million Scots who voted in the EU referendum; so 1 million more Scots voted for the UK union than for the European Union. The point is that, in the 2019 general election, 1.3 million Scots voted for the nationalists, against the 1.6 million who voted in the referendum. As they are in territory of around 1.3 million or 1.4 million votes out of an electorate of 4.3 million, I do not believe that this is a mandate for independence.

[Lord McNicol of West Kilbride (Lab)]

My Lords, Scotland deserves better. There are over 700,000 Scots on NHS waiting lists, and over 10,000 children and young people waiting for mental health appointments. There are almost 20,000 fewer businesses in Scotland today than there were before the pandemic began. For households across Scotland, it does not feel as though the crisis is over. Does the Minister agree with Labour that the Scottish Government would be better served looking after and focusing on the people of Scotland than concentrating on an independence referendum?

[Lord Offord of Garvel (Con)]

I think we should always turn the argument back on them. They claim that they want to make Scotland wealthier, happier and fairer, but they have not given us any arguments as to how they can do that. We believe that we can do that much better within the union and with a positive narrative for Scotland inside the union: we have a strong currency and 300 years of family binds that bring us together; we support each other, as we have just seen during Covid through furlough. We are all better together, therefore I endorse the noble Lord’s opinion.

Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022

Lord McNicol of West Kilbride Excerpts

Tuesday 14th December 2021 Grand Committee

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, I begin by saying how much of an honour it is to serve under the chairmanship of the noble Lord, Lord McNicol. This is my maiden outing in this Room; it is a melancholy reflection, given that I took up office more than a year ago, but here I am in the Moses Room for the first time.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

You are welcome.

[Lord Stewart of Dirleton (Con)]

I am obliged. This draft instrument is made under the Private International Law (Implementation of Agreements) Act 2020, which I will refer to as the PIL Act. The Act currently gives force of law to these conventions and ensures that they are read together with any reservations and declarations made at the time of approval. It also sets out, in new schedules to the Civil Jurisdiction and Judgments Act 1982, the text of the conventions. To ensure that the information is complete and readily accessible, this instrument will insert the text of the reservations and declarations alongside the convention texts in new schedules to the 1982 Act.

This draft instrument is technical in nature and does not alter the UK’s status as a party to either the 2005 Hague Convention on Choice of Court Agreements or the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. It also brings into domestic legislation the texts of the UK’s reservations and declarations to those conventions. The UK has participated in the 2005 and 2007 Hague conventions since 2015 and 2014 respectively. Previously, we were bound by the conventions by virtue of our membership of the European Union—a status that continued to apply throughout the transition period in accordance with the withdrawal agreement. In September 2020, the United Kingdom took the necessary steps to join the two conventions as an independent party, as part of preparation for leaving the EU. This included depositing the necessary instruments of accession and ratification.

To be able to make this instrument, the PIL Act requires the Secretary of State to consult with such persons as they think necessary. To meet this requirement, the Ministry of Justice, on behalf of the Secretary of State, consulted key stakeholders in England and Wales, Scotland and Northern Ireland, as well as legal practitioners, academics and judges specialising in private international law, with whom the Ministry of Justice engages regularly. No objections to this instrument were received. In addition, as this instrument will apply to all UK legal jurisdictions, the consent of Scottish Ministers and the department of the Northern Ireland Executive has been obtained.

When rejoining these conventions as an independent party, the declarations and reservations by which the UK had been bound as a member of the European Union were not amended. This instrument will not make any changes to those reservations and declarations. While the existing reservations and declarations have been retained, this will not prevent the United Kingdom from changing them to either or both these conventions in future or withdrawing reservations to the 2007 Hague Convention if at any time it should to Parliament seem appropriate so to do.

Overall, as I have noted, this instrument is technical in its nature and will not alter the application of the conventions, nor their respective declarations and reservations. None the less, it is important to have the text of these declarations and reservations readily available in domestic legislation and alongside the text of the conventions for ease of reference for practitioners. I hope that the Committee will join me in supporting these regulations.

Prisoners (Disclosure of Information About Victims) Bill

Lord McNicol of West Kilbride Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 20th May 2020 Lords Chamber

The proceedings were conducted in a Virtual Committee via video call.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

My Lords, this Virtual Committee will now begin. I remind Members that these proceedings are subject to parliamentary privilege, and that what we say is available to the public both in Hansard and to those listening and watching.

I shall begin by setting out how these proceedings will work. The Virtual Committee will operate as far as possible like a Grand Committee. A participants’ list for today’s proceedings has been published and is in my brief, which Members should have received. The brief also lists Members who have put their names to the amendments, or expressed an interest in speaking, on each group. I will call Members to speak in the order that they are listed. Members’ microphones will be muted by the broadcasters except when I call a Member to speak and whenever a Question is put, so interventions during speeches are not possible and uncalled speakers will not be heard.

During the debate on each group I will invite Members to email the clerk if they wish to speak after the Minister. I will call Members to speak in order of request and will call the Minister to reply each time. Debate will take place on the lead amendment in each group only; the groupings are binding and it will not be possible to degroup an amendment for separate debate. Leave should be given to withdraw amendments. Whenever I put the Question, all Members’ microphones will be opened until I give the result. Members should be aware that any sound made at that point may be broadcast. If a Member intends to press an amendment or to say “Not content”, it will greatly assist the Chair if they make this clear when speaking on the group. As in Grand Committee, it takes unanimity to amend the Bill, so if a single voice says “Not content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part.

We now start with the group beginning with Amendment 1. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” if the Question is put made that clear in debate. It takes unanimity to amend the Bill in this Committee; this Committee cannot divide.

Clause 1: Murder, manslaughter or indecent images: prisoner’s non-disclosure

Amendment 1

Moved by

Private International Law (Implementation of Agreements) Bill [HL]

Lord McNicol of West Kilbride Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wednesday 13th May 2020 Lords Chamber

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

My Lords, the Virtual Committee will now resume. We come to the group beginning with Amendment 3. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” when the Question is put made that clear in the debate. It takes unanimity to amend the Bill in this Committee, which cannot divide.

Amendment 3

Moved by

--- Later in debate ---

[Lord Keen of Elie]

My Lords, as with the previous groups of amendments, the underlying theme is that Clause 2 should not stand part of the Bill, but we have to look at these amendments in the context that it does stand part. They would therefore limit the power conferred by that clause—that context is important.

When discussing Amendments 4 and 5, I pointed out that, in the context I have just described, they in turn would result in an unacceptable restriction of the power in Clause 2 and would mean that co-operation on private international law matters between different parts of the United Kingdom family would be significantly less well developed than it is between the United Kingdom and international partners. As a matter of policy, we see no way to justify such a position. Why, for example, should two parties in London and Edinburgh have less legal certainty about the way in which their dispute will be resolved than if the dispute was between parties based in London and Paris or New York? Of course, the point is then made that it is not a question of whether, but how. If you are able to have this regulatory-making power under Clause 2 with regard to foreign jurisdictions, why not intra-UK?

If, as suggested by the noble and learned Lord, Lord Wallace, the concern is the power being perceived as risking imposing a position on Scotland, Northern Ireland, the Crown dependencies or overseas territories without consultation or consent, I would seek to assuage those concerns. Such arrangements under the power would require the agreement of all the relevant Administrations—the United Kingdom Government and the Government of the relevant devolved Administration, Crown dependency or overseas territory. Indeed, such a measure would be considered only after the Government had consulted appropriately with relevant stakeholders, and the statutory instrument to give effect to such a “mirroring” provision—that is what it would be—would still be subject to the scrutiny of the affirmative procedure, as I noted before.

There are examples where such mirroring-type relationships already apply. We apply a modified version of the terms of the 1968 Brussels Convention, an instrument that was the forerunner to Brussels I and the recast Brussels IA regulation, between the United Kingdom and Gibraltar. That works perfectly well. Therefore, assuming Clause 2 stands part of the Bill, we do not see any reason why it should be amended in the way suggested.

I now turn to Amendment 18, which would in turn require fresh primary legislation if the UK wished to amend or revoke, at a later date, any declarations it chose to make when it first implemented a new international agreement. This would mean, for example, that if, in implementing the 2005 Hague Convention, the Government decided to replicate the current EU declaration in regard to certain insurance contracts being out of scope of the convention and then wished to review that decision later, primary legislation would be required to implement that change.

Our policy intention is to replicate the current EU declaration in relation to the exclusion of certain insurance contracts when we accede to the 2005 Hague Convention later this year, because this is how the convention rules currently apply here and, given the tight timeframe between now and the end of the transition period, it makes sense to maintain the status quo and then review in the longer term. Under the proposed amendment, if we wished to change our position following that review, we would have to wait for a primary legislative vehicle to give effect to that change. In our view, that would simply create undue delay on a matter which could be addressed through secondary legislation without losing any of the desired scrutiny. It is in these circumstances that I respectfully ask the noble and learned Lord not to press his amendments.

[The Deputy Chairman of Committees]

One speaker has indicated that they wish to come in on the amendment.

[Lord Wallace of Tankerness]

My Lords, I note what the Minister said about fears that something might be imposed on Scotland or Northern Ireland, but as I read it, Scotland or Northern Ireland could actually impose something on England. He then went on to say that there would of course be discussion, negotiation and consultation. If that is the case, why does it not say so on the face of the Bill? Would he be minded to give further thought to these provisions and how they are drafted to secure some degree of consultation, which does not, I would argue, detract in any way from the devolution settlement?

--- Later in debate ---

Amendments 4 to 6 not moved.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 7. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” when the question is put made that clear in the debate. It takes unanimity to amend the Bill in this Committee, which cannot divide.

Amendment 7

Moved by

--- Later in debate ---

[Lord Foulkes of Cumnock]

My Lords—

[The Deputy Chairman of Committees]

As no further speakers have indicated that they wish to intervene on this amendment, I call Lord Foulkes.

[Lord Foulkes of Cumnock]

I apologise for jumping in a little prematurely.

This has been a very useful debate and the Minister has answered a number of my questions. It is awfully useful that he is taking away the third point raised by the noble and learned Lord, Lord Hope, about Ministers of the Crown. But the debate has highlighted that there is a difference of opinion between the noble and learned Lords, Lord Wallace and Lord Hope, on the one side, and the noble and learned Lord, Lord Keen, on the other. Now, it is not unusual to find different opinions among two or three lawyers, but it highlights that there may be a problem around whether this is to be dealt with by the Secretary of State, after consultation with and the permission of Scottish Ministers, or directly by Scottish Ministers. I hope that is something that can be looked at further.

Nevertheless, in the light of the explanations given, I beg leave to withdraw my amendment.

Amendments 4 to 13 not moved.

[The Deputy Chairman of Committees]

We now come to the group beginning with Amendment 14. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” when the Question is put makes that clear in the debate. It takes unanimity to amend the Bill in this Committee. This Committee cannot be divided.

Amendment 14

Moved by

Divorce, Dissolution and Separation Bill [HL]

Lord McNicol of West Kilbride Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 17th March 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, in moving Amendment 4, I shall speak also to Amendment 10 in my name. Essentially, Clause 1 provides for a minimum period of 20 weeks between the start of proceedings and when the court can be asked to make a conditional order of divorce. It further provides a delegated power to enable the Government, by statutory instrument, to shorten or lengthen this period, as well as the existing minimum period of six weeks, which will apply between the conditional order and the final order of divorce. Clause 4 similarly makes provision for the Lord Chancellor to change the prescribed periods in respect of civil partnership dissolution.

The Delegated Powers and Regulatory Reform Committee questioned the purpose of these Henry VIII powers and recommended their omission from the Bill, or alternatively that they be made subject to the affirmative resolution procedure. At an earlier stage, the noble Baronesses, Lady Meacher and Lady Chakrabarti, spoke of their concern about the lack of clarity surrounding the circumstances in which the Government would seek to use these delegated powers. We have listened to those concerns; it is in the light of this that we move an amendment that will make these powers subject to the affirmative resolution procedure. I hope this reassures noble Lords that there will be proper scrutiny of these powers in the event that they are ever sought to be used. I beg to move.

[Lord McNicol of West Kilbride (Lab)]

My Lords, as the Minister has just outlined, these amendments will use the Lord Chancellor’s Henry VIII powers to change the period of time between the commencement of proceedings and the conditional order, as well as between the conditional order and the final order, subject to the affirmative resolution procedure. We are very pleased on this side of the House that the Government have listened to the debates and discussions earlier and moved forward, so we welcome these government amendments. They have been laid in response to the Committee amendments previously tabled by my colleague and noble friend Lady Chakrabarti, who unfortunately cannot be with us for the debate today. We warmly support the Bill. I have not spoken on previous amendments as the contributions—especially those from the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Shackleton—have been eloquent and insightful, not to mention evidence-based, which is always nice to hear in your Lordships’ House.

I take this opportunity to remind your Lordships’ House again of the consequences of the decade-long underfunding of our justice system and how these cuts have affected family law in many ways, especially since legal aid was removed from divorce cases. This was, I believe, a terrible mistake. We are in many cases failing to protect abandoned people and children. The lack of access to lawyers results in inherently inadequate allocation of resources in the event of separation and divorce. As my noble friend Lady Chakrabarti recently highlighted, it seems perverse that, if the state seeks to take your children away, you have access to a lawyer but, if your ex-partner is depriving you of that contact, you do not have that support.

We can try to craft the most perfect divorce legislation but people must have access to early and consistent advice and representation. We urge the Minister to reflect further on the availability of legal aid.