Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Lord Morgan Excerpts

Monday 16th December 2013 Lords Chamber

[Lord Aberdare (CB)]

My Lords, I support the amendments in the name of my noble and right reverend friend Lord Harries of Pentregarth, especially Amendment 165B. I also welcome the amendment in the name of the noble and learned Lord, Lord Morris of Aberavon, which seeks to make specific provision in the Bill for the Welsh language. I want to make only one point. Even the heroic efforts of the civil society commission, which so many of your Lordships have spoken about, and which I fully endorse, could not resolve all the issues raised by the Bill. The commission has made it clear that some of its recommendations are the best that it could come up with in the time available and should apply until the next election, but then should be reviewed in detail. Therefore, my question is really one of process because it seems to me that our views on the Bill could be very different if we are looking at something that will do up until the next election. For example, I believe that in the longer term staff costs will need to be incorporated in some way because they could make a real difference in terms of promoting or procuring electoral success. However, at the same time, I would not want to see an unacceptable burden imposed on the “small platoons” who would find it very difficult to account for those costs.

If we are talking about a process whereby we come up with something that people can live with until the next election, and the Government will then review it and look at how these things work in practice and examine what the real issues are that we are trying to guard against, I would be much more comfortable about the debate we have had this afternoon, and not need to dot all the “i”s and cross all the “t”s, as my noble friend Lord Ramsbotham indicated.

[Lord Morgan (Lab)]

My Lords, I did not intend to speak in this debate but I wish to comment briefly in support of the amendment moved by my noble and learned friend Lord Morris of Aberavon, which was supported by the noble Lords, Lord Elystan-Morgan and Lord Wigley. It seems to me that if that amendment is not accepted, the consequence would be both unfair and illogical. It would be unfair because the Welsh language would be regarded as a burden and an additional incubus on an organisation rather than as something that ought to happen naturally, and which was sanctioned by the law in 1967 and 1993. It would also be illogical because it would run counter to what has happened over many decades in civil society in Wales and elsewhere such as local government, the social services and, in my own experience, in higher education. When I was vice-chancellor of the University of Wales, which is now almost defunct, significant procedures were in place for translating papers into Welsh and back into English and facilities for simultaneous translation. These were a natural part of our working processes in the university and, importantly, did not impose an extra charge. They did not take money away, as it were, from education, teaching or research.

This brief debate has shown that constitutional law and legal proceedings have often lagged behind what is happening in civil society or, frankly, have lagged behind common sense. I was struck by that when I listened to the comments of the noble Lord, Lord Elystan-Morgan. He referred to the Act of Union of 1536, which was an almost totalitarian measure intended to extinguish the Welsh language for public purposes. However, it was nullified by other developments in Wales at that time, not in the legal or political spheres but particularly by developments in religion. The most important phenomenon of that century was the translation of the Bible into Welsh by Bishop Morgan, although I am afraid that I cannot claim him as an ancestor. That seems to be a way in which civil society has civilised and nullified the effect of constitutional law, and I hope that it will do so again.

Dr David Livingstone

Lord Morgan Excerpts

Wednesday 27th February 2013 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, my noble friend is absolutely right to pay tribute to Dr Livingstone. It is significant that in the post-colonial age some of the place names associated with David Livingstone, such as Blantyre and the name Livingstone itself, have remained. That speaks volumes about the contribution that he made and the standing in which he is still held. For example, in Zambia there is a programme called Livingstone 2013, in which the British High Commission has been very actively involved. My noble friend also asks about Scotland. The National Museum of Scotland has a special commemorative exhibition, which has run since November until April this year. There will be events on the day. My right honourable friend the Secretary of State for International Development is planning a flagship event at Abercrombie House in East Kilbride, the offices of the Department for International Development, on 18 March and, very interestingly, a time capsule is proposed, linking children from Malawi and Scotland, which will be Skype-linked on 19 March.

[Lord Morgan]

My Lords, the Prime Minister has spoken about a shameful episode in our imperial past, the Amritsar massacre, and quite rightly so. Would it not be very valuable if the Prime Minister could speak, perhaps not only in Scotland, about a pacific, idealist, Christian visionary, like David Livingstone, who presents a very contrary view of our imperial past and perhaps shows how this country should behave towards colonised people but seldom manages to do so?

[Lord Wallace of Tankerness]

The noble Lord makes a very important point about the contribution that David Livingstone made. There will be commemorations, not least in the service at Westminster Abbey. I am not aware that the Prime Minister will attend, but certainly representatives of the United Kingdom Government and I think of the Scottish Government will attend and we have sought to invite high commissioners and ambassadors in London of countries with which David Livingstone was associated.

Justice and Security Bill [HL]

Lord Morgan Excerpts

Wednesday 21st November 2012 Lords Chamber

[Baroness Berridge]

My Lords, I speak as a member of the Joint Committee on Human Rights and as the fourth name on this group of amendments. Normally, I take very seriously the advice given by our Government —so much so that I took the advice of the Government’s Chief Medical Officer early last week not to seek antibiotics for a cough and cold, so I apologise. I am living to regret following that advice and I apologise for any resultant disturbance to your Lordships’ proceedings this afternoon.

It is the judge’s court, not the Government’s, so it should be the judge’s decision or discretion as to the fairest way to proceed with the case before him or her—whether that is by using public interest immunity with all its flexibility, as outlined by the noble Lord, Lord Pannick, or by using a closed material procedure.

It is so important that this House stands firm on that principle, not only to protect the credibility of the judicial process but to safeguard the interests of the other party to that litigation. The Government, who are one party to the litigation that we are considering, usually have control over the other place, so it is only this Chamber that can protect the other party to the litigation and keep the important procedural powers in the hands of the judge by your Lordships accepting this group of amendments.

These amendments, particularly Amendment 37, reflect the view of David Anderson, the independent reviewer of terrorism legislation when he stated to the joint committee that this ensures that cases are not tried in closed material procedure that could otherwise be done under public interest immunity, nor will cases be struck out that can be tried in a closed material procedure. The judge must retain a wide procedural discretion, which, if these amendments are accepted, I accept may mean that our judiciary will begin a new balancing act: balancing the unfairness of the exclusionary nature of PII against the unfairness of the closed material procedure, which leads to the claimant and his or her lawyer being absent. I believe it is very important to retain this judicial discretion and to leave these matters in the hands of our judiciary, who have shown that they can be entrusted with such fine balancing acts. My name is therefore on these amendments.

[Lord Morgan]

My Lords—

[Lord Lloyd of Berwick]

My Lords—

[Lord Morgan]

Thank you. I am very anxious to hear the noble and learned Lord, Lord Lloyd, too. I will not speak for very long. I am not a lawyer and I sit on the Back Benches, as I always have, where one is required to vote but not necessarily to think. Yet occasional flickers of thought agitate our minds. This clause is deeply unfair and the amendments are profoundly right. It seems characteristic of what has happened to liberty in this country over many years with, I am sorry to say, the endorsement of all three major parties: the tilting of the balance away from the free individual—the citizen—towards the state, reinforcing raison d’état contrary to the common law. The element of secrecy adds something new that we have not had since the time of the Tudors. It was specifically condemned in the Petition of Right in 1628, which is quite a long time ago.

This clause has caused outrage among lawyers, as we have heard, and civil liberties groups. It has been strongly criticised by the Joint Committee on Human Rights. Why? Because it is totally one-sided. It is a closed court, with the litigants, lawyers and the press excluded. Only the lawyers representing the Crown can communicate in private with the judge. The litigants are not aware of the content, tone or substance of those conversations. They are protected inadequately by special advocates, because their powers are limited, and the interests of litigants in civil cases are not properly defended as, if I may say, people accused of criminal activity under the criminal legal system are protected. Public interest is cited: a term defined so broadly almost as to lose all meaning. It shows that the normal judicial process is a fair, balanced and adversarial system when both sides can present their case. These aspects are being marginalised and sidelined. As previous speakers have said, this is a process that has now been launched and is very likely to increase and multiply.

These amendments should go further—I would like to see the whole clause disappear—but will undoubtedly improve these otherwise dismal procedures. This reflects a welcome tilt towards libertarianism, including from my own party, which has not been notable in that sphere in recent years. I am very glad to welcome that under its present leadership. The Secretary of State would be compelled to present a case for a public immunity initiative; the court would be able to consider it dispassionately and calmly without being steam-rollered by the Government, as would otherwise happen; the litigants could have proper legal discussions with their advocates.

At the moment, there would be no real authority accorded to judges, whose hands would be tied by the terms of the Bill. They would have little choice other than to accept the submissions of the Government, so these amendments are deeply valuable—not simply to those involved with the law but to any citizen of this country. This would enable the courts to consider and to estimate the comparative balance between the rights of a free individual as against the damage to national security, which might have to be more carefully defined. To that extent, these amendments make an odious Bill somewhat less repulsive. The Minister is a very fair-minded man who has the respect of all Members of the House. He has listened to strong arguments against this clause from all sections of the House, and I am sure he will consider them fairly and courteously.