Counter-Terrorism and Security Bill

Debate between Lord Pannick and Baroness Warsi

Tuesday 20th January 2015 Lords Chamber

[Baroness Warsi]

I thank my noble friend for introducing these amendments and for the progress that has been made. I also thank him for the incredibly helpful briefing session he held last week. Perhaps he can help me with something that did not come out of that session, if this is the right moment to deal with it. What is the Government’s thinking on the extent of time these orders are intended to apply for? The Minister in the Commons, James Brokenshire, indicated that it was intended that these orders would be in operation potentially for only two or three days. I am not sure whether that is the case and I should like clarification on that point if the Minister here were able to give it today.

[Lord Pannick]

My Lords, I too welcome these amendments, which introduce judicial control. The Government have listened to the Constitution Committee and the independent reviewer. They have also listened to the observations made from all sides of the other place and indeed here at Second Reading.

The noble Baroness, Lady Ludford, raised a concern about paragraph 3(2) in the proposed new schedule set out in government Amendment 44 and the reference to whether the decision is “obviously flawed”. I draw her attention to the fact that its paragraph 5(1) states that:

“In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review”.

So my understanding—I would welcome the Minister’s confirmation—is that when the court asks whether the decision itself is obviously flawed, it will apply the principles of judicial review. It will ask whether the decision has been made on a lawful and proportionate basis, for a proper purpose and other matters of that sort, although of course the court will not look at the merits of whether a lawful decision has been made.

There is one other matter to which I draw attention in the schedule being introduced by government Amendment 45. Paragraph 5 of the proposed new schedule expressly confirms that:

“Nothing in paragraphs 2 to 4, or in rules of court … is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention”.

That is very important indeed and I welcome the fact that the schedule expressly confirms that the court should comply with Article 6. I ask the Minister to tell me if I am wrong, but I am not aware of anything in the Bill which suggests that the courts, in exercising their judicial control powers, should be required to depart from our obligations under the human rights convention, and indeed the noble Lord, Lord Bates, has made a statement on the front page of the Bill under Section 19(1)(a) of the Human Rights Act 1998 that in his view the provisions of this Bill,

“are compatible with the Convention rights”.

I hope that that will give some further reassurance to those who are concerned about these powers.

Gaza

Debate between Lord Pannick and Baroness Warsi

Monday 14th July 2014 Lords Chamber

[Lord Pannick (CB)]

I thank the Minister for all the work she and the Foreign Secretary are doing to seek to alleviate this truly tragic situation. She referred to a cycle of violence. In addressing this problem, would she agree that it is vitally important not to lose sight of the fundamental point that Hamas is a terrorist group that applauds the killing of Israeli students and which is seeking to kill by missiles as many Israeli civilians as possible? By contrast, the state of Israel pulled out of Gaza and is now trying to protect its population from intolerable missile attacks, which are launched from bases in civilian locations. Israel is doings its best to give warnings. This fundamental distinction between the two parties is symbolised by the actions of Prime Minister Netanyahu, who telephoned the father of the Palestinian boy who was savagely and inexcusably murdered—that is the incident to which the Minister referred—to express the outrage and condolences of the Israeli Government and their people. That action is quite inconceivable from the leaders of Hamas in relation to Israeli citizens.

[Baroness Warsi]

My Lords, I agree that the actions of Hamas in no way add towards bringing this matter to an end. Nor, indeed, do they add to the peace. In fact, the indiscriminate firing of rockets into Israel means this matter is prolonged and made much worse. However, it is important for us to hold on to positive moments, such as the one the noble Lord referred to: the moment when Prime Minister Netanyahu rang the father of the boy who was tragically burnt. We should also hold on to the positive moment when President Abbas said he would give all the support he could to ensure Israel found the kidnappers and killers of the three teenagers. It is important that we hold on to those small positive moments, even in these difficult times.

Palestine

Debate between Lord Pannick and Baroness Warsi

Monday 16th June 2014 Lords Chamber

[Lord Pannick (CB)]

My Lords, does the Minister agree that progress towards a peace settlement would be enhanced if Hamas were able to secure the release of the three Israeli teenagers who were kidnapped in the West Bank last weekend? Will the Government do all they can to seek to secure that objective?

[Baroness Warsi]

The Government have strongly condemned the abduction of the three Israeli youths in the West Bank. We are deeply concerned about the escalation of violence on the ground, and for the sake of both Israelis and Palestinians I hope that further escalation can be avoided. We are still trying to find details of what is happening on the ground, but of course it has led to escalation, including, tragically, the death of a Palestinian child.

Regulation of Investigatory Powers Act 2000: External Communications

Debate between Lord Pannick and Baroness Warsi

Tuesday 30th July 2013 Lords Chamber

[Baroness Warsi]

I am not sure that I would go that far, but of course I take the noble Lord’s point that the function of GCHQ is an incredibly important and vital aspect of our national security.

[Lord Pannick]

The Joint Committee on the draft Communications Bill made a number of recommendations for improving and updating the law in this area. Do the Government have any intention of implementing those proposals?

[Baroness Warsi]

The noble Lord will be aware that the matter has now passed through two parliamentary committees and it is the Government’s intention to bring the matter back to Parliament. However, at this stage, final proposals have not been drawn up.

Homosexuality in Nigeria and Uganda

Debate between Lord Pannick and Baroness Warsi

Wednesday 9th January 2013 Lords Chamber

[Baroness Warsi]

We know that the church has networks in both Uganda and Nigeria. Indeed, the Foreign and Commonwealth Office has called upon those networks in discussions in order to use them as influence and opinion-formers in those countries. We will continue to make sure that that contact remains strong.

[Lord Pannick]

My Lords, at the next Commonwealth Heads of Government Meeting, will the Government support the recommendation of the Eminent Persons Group to the 2011 meeting that all Commonwealth nations should now be required to respect the rights of homosexuals?

[Baroness Warsi]

The noble Lord will of course be aware of the Commonwealth charter, which specifically talks about the importance of non-discrimination on any grounds, including homosexuality.