(1 year, 1 month ago)
Lords ChamberMy Lords, I do not have to hand the information that the noble Baroness seeks, but I undertake to write to her. I am aware of the existence of SARCs. They came in and were located within hospitals so that people did not face the daunting prospect of immediate engagement with the criminal justice system but were brought in gradually. I share the noble Baroness’s concern about this matter and, with her leave, will write to her.
My Lords, the Minister will understand that my experience in relation to prosecuting and defending rape is, to put it mildly, dated. He will, of course, be aware of the proposals now being made north of the border. To what extent are these being taken into account in the other jurisdiction in which he has responsibility?
My Lords, I am happy to say that my professional arc and that of the noble Lord have coincided, so he and I share experiences in this field. The point the noble Lord makes is—as the noble Lord is—an evergreen one. Certain essentials in relation to these matters exist and will always exist. On the specific matter the noble Lord raises, in my ministerial post I am very conscious of developments in Scotland and assure the noble Lord that, together with the England and Wales law officers—with whom I am in regular contact: we have a meeting once a week—we share with one another data and experiences and the work that we carry out in the field in order best to improve practices in all jurisdictions.
(2 years, 2 months ago)
Lords ChamberMy Lords, first, the Government’s intention is to protect the operation of the protocol. As the noble Baroness is aware, the Northern Ireland Executive has not been re-formed. It will not be re-formed in the face of such disquiet as currently exists. The Government intend that the protocol should be protected by the measures that they will bring forward, and they will bring forward simultaneously a statement of their legal position.
My Lords, I was present on the occasion to which the noble Lord, Lord Hannay, referred, and I expressed an interest in the opinion apparently provided by the Attorney-General to the Government. We were assured that that opinion, or something similar, would be made available. If the noble and learned Lord checks Hansard, he will find that to be the case. But we should not really be surprised, because this is a Government of recidivists. They are very happy to offer the alternative of breaching the law. Indeed, they set out to do so in the internal markets Bill but had to retreat with their tail between their legs. The noble and learned Lord, like me, was reared in the Scottish legal tradition. He will remember his Roman law: pacta sunt servanda—promises ought to be kept. Why are the Government departing from this fundamental principle?
My Lords, pacts are indeed there to be kept: pacta sunt servanda. The Government are not departing from a legal principle; they are acting in good faith to preserve the protocol for the benefit of all communities within Northern Ireland.