Criminal Justice System: Capacity
Debate between Lord Ponsonby of Shulbrede and Lord Lexden(1 month, 1 week ago)
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Lord Ponsonby of Shulbrede (Lab)
My noble friend raises a good point. There has certainly been increased resource in probation, and we are recruiting additional probation officers. That is going very well, but it takes time to train those probation officers. The other factor is an increased number of legal advisers, who are often the unsung heroes of our court system. Again, recruitment is going okay but they need time to gain the experience so that the system can be in equilibrium with these new sentencing powers.
Lord Lexden (Con)
In due course will the Government bring forward proposals to improve the way in which prisoners are rehabilitated?
Lord Ponsonby of Shulbrede (Lab)
It is certainly our intention to do so. That underpins so much of what we are going to do. We are increasing the number of people in the Probation Service. Obviously, we want to increase the rehabilitation figures and reduce the reoffending figures. The spotlight will be on the Probation Service to try to deliver that objective.
Fundamental Rights and the Rule of Law
Debate between Lord Ponsonby of Shulbrede and Lord Lexden(4 months, 1 week ago)
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Lord Ponsonby of Shulbrede (Lab)
I thank the noble Lord for that question. Hong Kong is a friend of ours, and this means we can have a frank exchange of views on human rights matters, which the Government continue to do. The noble Lord raised a specific question about Jimmy Lai and the other prisoners detained in Hong Kong. I will make sure that that is brought to the attention of my noble friend Lord Collins, who is directly responsible for these matters. If necessary, he will write to the noble Lord.
Lord Lexden (Con)
My Lords, have the Government been advised to establish whether it is compatible with the European convention to slap VAT on independent school fees? The noble Lord, Lord Pannick, does not believe it is.
Lord Ponsonby of Shulbrede (Lab)
The advice we have received is that it is within the law, and we have every intention of carrying it out as soon as is practicable.
Judicial Review and Courts Bill
Debate between Lord Ponsonby of Shulbrede and Lord LexdenMonday 21st February 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Judicial Review and Courts Act 2022 View all Judicial Review and Courts Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 102-I(a) Amendments for Committee (Supplementary to the Marshalled List) - (21 Feb 2022)
The Deputy Chairman of Committees (Lord Lexden) (Con)
Amendment 2, not moved?
Lord Ponsonby of Shulbrede (Lab)
My Lords, I will speak to my various amendments quite briefly, because while the detail of the amendments has not been covered, the overall debate around quashing orders has.
Amendment 2 seeks to limit the use of any new remedies issued under Clause 1 to where, in the court’s view, it is in the interests of justice.
Amendment 7 clarifies that the factors which the court considers before making a modified quashing order are a matter for the court’s discretion.
Amendment 8 removes one of the factors to be given consideration by the courts when deciding whether to award a suspended quashing order or quashing order with limited or no retrospective effect. The removal of this factor is intended to rebalance the factors to be given consideration so as not to disadvantage the claimant unfairly.
Amendment 9 would make an addition to one of the factors to be given consideration by the courts when deciding whether to award a suspended quashing order or quashing order with limited or no retrospective effect. This amendment would make it clear that the provision of a timely remedy to the claimant is a factor to be given consideration.
Amendment 10 would require the defendant to identify what the interests and expectations of persons who have relied on the impugned act are and to explain these to the court.
Amendment 11 would remove the requirement to take account of actions which the public body proposes or intends to take but has not yet taken. Such actions are too uncertain to form a basis for suspending a quashing order or making it prospective only. Any intentions indicated to the court could change in light of subsequent developments, leaving those affected potentially without any recourse.
The intention behind Amendment 12 is to clarify that the principle of good administration includes the need for administration to be lawful. The Executive and all public bodies are not entitled to act unlawfully. Therefore, in a society based on the rule of law, administration may rationally be categorised as fully good only when it is lawful.
Amendment 15 removes the extra weight which would otherwise be given to subsection (8)(e) by the courts when applying the test created in subsection (9)(b) to establish whether the statutory presumption is applicable.
This range of amendments looks at other aspects of Clause 1. I think we had a wide-ranging debate about Clause 1 in the first group, and I beg to move Amendment 2.
The Deputy Chairman of Committees (Lord Lexden) (Con)
I apologise for getting things into a state of confusion—or nearly—by thinking that Amendment 3 was to be moved.
Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020
Debate between Lord Ponsonby of Shulbrede and Lord Lexden(3 years, 12 months ago)
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Lord Ponsonby of Shulbrede (Lab) [V]
I was just concluding my comments, but I think that the noble Lord, Lord Thomas, is after me on the list.
The Deputy Chairman of Committees (Lord Lexden) (Con)
When I am in the chair, there is no possibility of the noble Lord, Lord Thomas of Gresford, ever being overlooked. I call him now.