Offender Rehabilitation Bill [HL]

Debate between Lord Richard and Lord McNally

Tuesday 25th June 2013 Lords Chamber

[Lord Richard]

Before the noble Lord sits down, perhaps he can help me with one small issue concerning the risk assessment. If you have a risk assessment, surely it follows that risks have to be assessed. The noble Lord says, “No, they do not have to be assessed; they have to be identified”. Why does he make that distinction? It goes to the essence of the point that the noble Lord, Lord Ramsbotham, is making. If there is an assessment of risk, surely we are entitled to see it, not to be told merely that certain risks have been identified but, as far as we know, remain unassessed.

[Lord McNally]

Of course, part of the problem is that it is described as a risk assessment by journalists. As I said before, a variety of exercises is carried out by the project development team, using various combinations of some of the figures that the noble Lord, Lord Ramsbotham, plucked out—in fact, it was a third source because they came from a leak to a journalist to the noble Lord, Lord Ramsbotham, to the House. So I ask the House to decide how accurate they are.

Of course, the Opposition cry, “Tell us”, but they went through similar exercises on big projects when they were in government. They realised that this was work in progress and it remained part of the management team’s work-in-progress tools. It is not a document that would give help to anybody in terms of what the noble Lord is talking about as risk. It is not about that kind of thing; it is about looking across the piece to see where the emphasis of work and development has to go.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2013

Debate between Lord Richard and Lord McNally

Wednesday 27th March 2013 Lords Chamber

[Lord Richard]

I am flattered that the noble Lord should find me menacing. Does he not see that there is a clear distinction between access to justice and access to legal aid? Does he not see that in certain circumstances certain people who are denied legal aid are denied access to justice? That follows as night follows day. If someone cannot afford to go to the courts in order to get justice, that is denying them justice.

[Lord McNally]

Access to justice may also be by other forms of advice. Not all advice is legal advice.

[Lord Richard]

When a tribunal is involved, it is not a question of advice but of having to go to a tribunal to get a decision. That is where the justice comes from—the decision of the tribunal, not the advice that one is given before one gets there. Surely the noble Lord sees that distinction.

[Lord McNally]

Built into the system are corrections to the tribunal. The noble Lord will know that the tribunal system was initially conceived as a relatively lawyer-free zone where people could make their case. The other part of our reforms of justice is, in a whole range of measures, to offer different forms of mediation and arbitration that reduce what was becoming an over-lawyered system, including in tribunals.

Gypsies and Travellers

Debate between Lord Richard and Lord McNally

Thursday 16th February 2012 Lords Chamber

[Lord Kilclooney]

My Lords—

[Lord McNally]

Perhaps we could hear from the noble Lord, Lord Richard.

[Lord Richard]

My Lords, does not the problem go rather deeper than the way in which the Minister seems to be approaching it? The noble Lord, Lord Tebbit, put his finger on one of the issues. Is not the fact that there are not enough sites in this country the real reason why so many people who want to live a nomadic life cannot do so? Therefore, they have to go into static accommodation, which they probably do not want to be in anyway, and which no doubt has planning problems and upsets the neighbours. However, the real problem here is that there are not enough sites for nomadic peoples to go to.

Justice: Pre-trial Publicity

Debate between Lord Richard and Lord McNally

Wednesday 14th December 2011 Lords Chamber

[Lord McNally]

My Lords, we are aware of that, and we are very concerned to make sure that we get the balance right. However, where the press’s desire to sensationalise actually jeopardises a case, either by prejudicing the case against an innocent man or, almost as bad, so prejudicing a case that someone who is guilty has to be released, it cannot be in the interests of justice.

[Lord Richard]

My Lords, the noble Lord has told us what the Government intend to do and I think that they are wise to involve the Law Commission in this matter. However, he will know, as we all do, that Parliament’s record in implementing the Law Commission’s reports is not exactly very good—it is not a speedy process. Will the noble Lord note, certainly from the mood of the House this afternoon, that if the Law Commission reports on this, the feeling would be that it is not a report that can hang around for two, three or four years before Parliament looks at it? The matter will need some urgency once they have had a look at it.

[Lord McNally]

I thank the noble Lord for his comments. I am the Minister responsible for liaison with the Law Commission. One of the things I said to Mr Justice Munby, the retiring head of the Law Commission, is that during my stewardship I would hope that we could remedy some of the faults that he indicated and that, certainly on this point, we would approach any Law Commission report with a due sense of urgency.

Social Mobility Strategy

Debate between Lord Richard and Lord McNally

Tuesday 5th April 2011 Lords Chamber

[Lord Richard]

My Lords—

[Lord McNally]

My Lords, I am on my feet, so noble Lords have to sit down. As we have 12 minutes, I suggest that we go to my noble friend Lord Willis, then to my noble friend Lord Ryder and then to the noble Lord, Lord Richard.

[Lord Ryder of Wensum]

My noble friend’s judgment—

[Lord Richard]

My Lords—

[Lord McNally]

I may get it wrong but I am trying to help the House, with 12 minutes to go.

Equality: Act of Settlement

Debate between Lord Richard and Lord McNally

Monday 10th January 2011 Lords Chamber

[Lord Richard]

My Lords, I share almost totally the views of the noble Lord, Lord Forsyth. I was very interested in what the noble Lord, Lord McNally, just told us: that there were apparently discussions with the various countries that recognise the Queen as their Monarch. Can he tell us when the last meeting of those countries was and when the next meeting is going to be, and perhaps give us a gentle glimpse of the agenda?

[Lord McNally]

I never cease to be amazed at the penetrating way in which the Opposition demand action this day on matters it sat on for 13 years. I have told the noble Lord that the discussions I referred to have not ended; they are ongoing. I shall consult the New Zealand Government, and if they are in a position to let me have that information I shall write to the noble Lord.

Children: Criminal Responsibility

Debate between Lord Richard and Lord McNally

Thursday 10th June 2010 Lords Chamber

[Lord Richard]

Will the Minister assure us that the report by the learned judge to which he referred earlier will be made public?

[Lord McNally]

It is above my pay grade. It is no use the noble Lord saying, “Oh, come on”; he knows darn well that I cannot make that kind of commitment. However, I am sure that the Lord Chancellor will note such a recommendation from such a learned QC.

Queen's Speech

Debate between Lord Richard and Lord McNally

Thursday 27th May 2010 Lords Chamber

[Lord McNally]

Not this week. It is shorthand for transitional arrangements.

[Lord Richard]

My Lords—

[Lord McNally]

If the noble Lord must.

[Lord Richard]

I am obliged to the noble Lord for giving way. Perhaps I may ask him a question. Assurances have been given from both sides of the House that existing life Peers should be entitled to remain until they expire, even if there is to be a gradual introduction of voting for an elected House. Is that the position the Government now hold—in other words, that we should be entitled to die while still Members of the House—or will there be some arrangements whereby we will have to retire or be induced to retire?

[Lord McNally]

I reply to the noble Lord, Lord Richard, as a once enthusiastic reformer—he will just have to wait and see. If he would like to send me the watertight commitments from both sides of the House to which he referred, I would be very interested to see them—they do not exist.