Criminal Justice System: Women

Lord Taylor of Holbeach Excerpts

Thursday 25th July 2019 Lords Chamber

Moved by

[Lord Taylor of Holbeach]

That the House do now adjourn.

[Lord Taylor of Holbeach (Con)]

Well, my Lords, that is enough of that: let us go off on recess. I beg to move that the House do now adjourn.

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

My Lords, before I put the Question, I too wish your Lordships, especially the Government Chief Whip, and all our staff a very happy Summer Recess. I take this opportunity to wish Mr Evans a very happy retirement as well.

Northern Ireland (Executive Formation) Bill

Lord Taylor of Holbeach Excerpts

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

Amendment 24 agreed.

[Lord Taylor of Holbeach (Con)]

My Lords, before we move on to the statutory instrument, which is our next business, I should say a few words about the Third Reading of the Bill. The Public Bill Office will now need some time to reprint the Bill following the changes that the House has agreed this evening. Once the Bill has been reprinted, noble Lords will have 30 minutes to table any amendments. If I can provide a further update on timings after the statutory instrument has been dealt with, I will do so. We will now move on to consider the statutory instrument.

Further Developments in Discussions with the European Union under Article 50 of the Treaty on European Union

Lord Taylor of Holbeach Excerpts

Monday 11th March 2019 Lords Chamber

[Lord Pearson of Rannoch (UKIP)]

My Lords, would the noble and learned Lord care to comment on a Written Answer I recently received from the Government to the effect that—

[Lord Taylor of Holbeach (Con)]

My Lords, I think the noble Lord is perhaps testing the patience of the House by his constant interruptions. The noble and learned Lord had indeed sat down. I do not think that it is right that the noble Lord should raise another issue. He is entitled to raise purely points of clarification.

[Lord Pearson of Rannoch]

“Masters unfair to Molesworth.”

European Union (Withdrawal) Bill

Lord Taylor of Holbeach Excerpts

Report: 5th sitting (Hansard): House of Lords
Wednesday 2nd May 2018 Lords Chamber

[Noble Lords]

Front Bench!

[Lord Taylor of Holbeach (Con)]

Order. A large number of Peers still wish to speak and we should hear them.

[Lord Robathan]

Thank you. The vexed history of Northern Ireland and the island of Ireland is known very well by most of the noble Lords in this House. We have heard some very good speeches from the former Lord Chief Justice, the former Primate of All Ireland and former Secretaries of State. The whole history of Northern Ireland is scarred by bad faith, a lack of good will, which we heard about from the noble Lord, Lord Carswell, and by intransigence. No side in any debate in Ireland—and no Government indeed—has a monopoly on that intransigence.

We heard from the distinguished historian, the noble Lord, Lord Bew, a short time ago. I was going to mention him anyway. I am not sure if one is allowed to put in a plug for a book, but I will. I read his book Churchill and Ireland only last month. I commend it to everybody in this House. First, it is very readable. Secondly, it shows that, over a period of 50 years, intransigence and a lack of good will led to division, death and conflict. Today, again, we have intransigence in Northern Ireland, where there is no Assembly and where the two sides cannot come to an agreement. I have to say that I blame that on Sinn Féin.

Let us look briefly at the current situation with the border. We heard a little from the noble Lord, Lord Carswell, about bicycling down to Dublin. I spent the best part of a year of my life in Northern Ireland, often in uniform but subsequently working in the Northern Ireland Office for the previous Government. Just over three years ago, I went down to south Armagh with some people. Noble Lords may think that everything is normal in south Armagh, but I was in one car with armed police, I recall that there were four other cars around to check that there were no ambushes and there was a helicopter overhead. This is still bandit country.

I mention that because the big issue at the time was the smuggling of diesel and then the washing of the red dye out of diesel, which by the way causes the most appalling environmental damage. People smuggle diesel because red diesel is very cheap, especially in the Republic, and it is brought up to the north, washed and sold at a cheap rate in Armagh. Smuggling of fuel continues to go on—the diesel has slightly changed—and there is smuggling of cattle. I read that 10,000 cattle in the last three years were stolen in the Republic, smuggled across the border and sold in the north. Members of this House may know Slab Murphy, who was notorious in Northern Ireland. He was closely involved with the IRA. He was basically a racketeer who made a great deal of money. I am glad to say that he finally went to jail a couple of years ago.

To cross the border, there are already different currencies. There are variable duties in the south and north. There are customs officers who actually work on the border. They do not sit in posts, but they work checking things. There are random checks. I was on one or two with the police. There are no fixed posts and, as the noble Lord, Lord Hay, has just said, nobody wants fixed posts. We do not need them. But there are already, as mentioned in subsection (2)(b) of the amendment, security checks and random checks.

The head of Irish Customs, Niall Cody, said on 25 May last year that it is “practically 100% certain” that there will be no new customs facilities along the border. He added:

“We are not planning customs posts”.


He said that in the Dáil.

I am indebted to the son of my predecessor in the House of Commons—my noble friend Lord Lawson—who wrote an article recently and drew my attention to the following in an address by Michael Ambühl, who was Switzerland’s chief negotiator in its trade agreement with the EU. He said:

“We have a smoothly operating frictionless border with the EU, though we are not a member of the customs union. That is even though 2.2m people and 23,000 lorries cross the borders between us and the EU every day”.


So what is the problem? Perhaps some of the chickens pay a little bit of duty, I do not know. The problem is the lack of good faith and, yet again, intransigence. I am told, as we have already heard, that Monsieur Barnier is encouraging the Taoiseach in this enterprise. I worked with the Government of Enda Kenny, which was very much on the side of and emollient towards the UK. They wanted to work with the UK. I would say that Mr Varadkar is cutting off his nose to spite his face.

Nobody wants a hard border, yet the Government and the Labour Party have a manifesto pledge to leave the customs union. Why do we not get on with it, to the mutual benefit of everybody? Others may attribute motives, but Barnier has said in the past that he wants to educate the British people, which means teach us a lesson. I see bad faith in Barnier and I see intransigence. Surely it is not beyond the wit of man, with good faith and good will—unless you do not want a settlement, which I fear is the case with the noble Lords who proposed the amendment—to come up with a decent frictionless border.

Noble Lords who are tempted to support the amendment should consider, as has been alluded to, that we should not use Ireland and its history as a stick with which to beat Brexit or as a pawn. Let us instead give Ireland, north and south, and its good people—nationalist, unionist, whatever they may be—what they really want: co-operation, friendship, prosperity and the ability to trade and cross the border happily.

European Union (Withdrawal) Bill

Lord Taylor of Holbeach Excerpts

Committee: 9th sitting (Hansard): House of Lords
Wednesday 21st March 2018 Lords Chamber

[Lord Hope of Craighead]

My Lords, this is the last of my little groups of amendments. I will also speak to Amendments 284, 298 and 300 in this group, which all relate to what one finds in Schedule 2. This point goes back to what we discussed a little earlier about the difference between “consent” and “consult”. In the existing provisions in paragraph 16 in Part 2 and paragraph 25 in Part 3, which deal with the power of devolved authorities to make provision,

“for the purpose of preventing or remedying any breach of the WTO Agreement”,

that power may be exercised only with the consent of a Minister. The simple point I make in my amendment is—I am sorry: it is rather important that the Minister hears what I am going to say. I will be happy to wait for a moment, if the noble Lords would like to confer. Would it help? I can wait for a second.

[Lord Taylor of Holbeach (Con)]

Please continue. We have said all that we need to say.

[Lord Hope of Craighead]

Thank you very much.

I want to explain to the Minister that the point is a very simple one about the difference between “consent” and “consult”, which we have already been discussing. I do not need to elaborate on the point that each of these amendments seeks to substitute in a revised formula a consent mechanism in place of the provision in the Bill, which is all about consultation. In a sense it is a probing amendment because I do not see why, for the moment, the existing situation where these things are done with consent should not operate in these contexts too. I moved the amendment so that the Minister can explain the position—I hope quite briefly—so that we can move on to what we are all looking forward to: his amendments on Clause 11. I beg to move.

--- Later in debate ---

[The Deputy Chairman of Committees]

I think the Contents have it.

[Lord Taylor of Holbeach]

My Lords, perhaps I may explain. An Urgent Question has to be repeated at about 6 pm. Rather than have that at a ridiculously late hour, we will adjourn the House until 6 pm. That will provide an opportunity for noble Lords to get refreshment and then we will be able to deal with the next group in toto and without interruption. I think that is the right way to go about it. I have discussed it around the Chamber, as the noble Lord will know.

[Lord Foulkes of Cumnock]

My point is that we are all here. We have been taking part in a debate. Everyone who wants to take part in the next group is here and it seems sensible to continue. I do not understand.

European Union (Withdrawal) Bill

Lord Taylor of Holbeach Excerpts

Committee: 4th sitting (Hansard - continued): House of Lords
Monday 5th March 2018 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, for those of us who have real enjoyment in the law, a nice bit of law at three minutes past midnight is rather like a comforting, calm, creamy cup of cocoa, but I recognise that not everybody is of the same view. With that in mind, I propose to elide in the remarks I am going to make comments on Amendment 45, which appears in my name and that of the noble Lord, Lord Lucas, and on Amendments 48 and 50, which appear with the same names. That should save time in a few minutes because I understand that we intend to complete that group as well.

These amendments are designed to retain the so-called Francovich principle. I congratulate the noble Lord who has just spoken on summarising it very well. I will add a little bit of flesh on it because I wish to try to tease out of the Minister a welcome response to those of us who seek to preserve at least part of the Francovich principle, although I would happily pass to him the burden of perfected drafting.

In the Gina Miller litigation, in which the noble and learned Lord and my noble friend Lord Pannick played starring parts, the Government in their submissions place considerable weight on their intention to enact what was then called a “great repeal Bill”. As the Supreme Court understood it, that Bill would—and this is a quotation from the majority judgment at paragraph 34,

“repeal the 1972 Act and, wherever practical … convert existing EU law into domestic law at least for a transitional period”.

Surprisingly, in relation to the Francovich principle, there has been no conversion and no transition. I ask the Minister to explain whether that really is the position that the Government wish to maintain.

The Francovich principle is a principle of existing EU law which requires damages to be available where three conditions are met: first, that the rule infringed was intended to confer rights on individuals—I am sure that we would all applaud that; secondly, that the breach was sufficiently serious to give rise to a legal action, which I am sure we would also applaud; and, thirdly, that there was a direct causal link between the breach of the obligation resting on the defendant and the damage sustained by the injured party, and I am sure that we would all applaud that, too. Perhaps the Minister would explain why he wants to get rid of that principle.

To provide a little more explanation for the fascinated non-lawyers here, who may just about be in a majority—

[Lord Taylor of Holbeach (Con)]

Hear, hear!

[Lord Carlile of Berriew]

I always listen with great respect to the Government Chief Whip, especially when he sympathetically allows us to debate these issues after midnight.

In Francovich, workers who suffered damage when their employer became insolvent were entitled to compensation under an EU directive which required member states to secure their protection. Since Italy had failed to implement the directive, the individual workers brought a claim before their national courts for compensation from the state for the damage they had suffered due to this failure, and I think that we would all applaud that, too.

State liability is enforced not through the European courts but through national courts, thus the ECJ stipulated that national procedures should determine how state liability is enforced. The procedures for claiming damages from the state before national courts must comply with the principles of equivalence—that is, with the procedures available for comparable claims for damages—and effectiveness, to secure that EU law as well as national law is respected. As long as it respects these two principles, the member state can prescribe its own procedures for claims as regards, for example, proof and time limits —so it is hardly imposing wicked European ideas on the national courts, since they are left to enforce the principles concerned.

The Francovich principle has led to some significant legal actions; perhaps the best known in the UK is the Factortame litigation, which contained five cases concerning fishing rights.

What is the problem with the Bill? It is confusing. I quote from the summarised views of commentators more expert than me on this subject. It is said that Clause 6(1) removes the right to rely on EU law and obtain a reference to the ECJ after the date of exit. Paragraphs 3 and 4 of Schedule 1 plainly remove the ability to rely on EU law or utilise the Francovich principle after the date of exit. Or do they? I ask that because paragraph 27(3) of Schedule 8, which all noble Lords will have been reading carefully in preparation for this short debate, makes it clear that cases begun prior to the exit date are not subject to the restriction that I have described and therefore can continue to rely on Francovich.

As was pointed out by Dame Cheryl Gillan in another place on 14 November last, the Bill is contradictory, in that it both allows continued reliance on Francovich in cases commenced before the date of exit but also removes that right. That appears to mean that a litigant in a case started before the date of exit, and who has a legitimate expectation that the law will not change retrospectively and that he or she will be able to rely on Francovich, will lose that expectation. If I am wrong in that, I am not the only one and I would like a correction, please. All litigants have a legitimate expectation to have their cases heard under the rules applicable not at an arbitrary time, such as the date of exit, but at the time of the breach of the law concerned. This includes EU law at that time, if it was applicable, and on the face of it, the right of a reference to the ECJ if they are dissatisfied. The purpose of the two groups of amendments is to achieve something much simpler, clearer and more just than the conclusion if the complaints I have described are correct.

I respectfully suggest that if a relevant cause of action accrues before the date of exit, the claimant should be able to pursue that cause of action. That would be their normal litigation right, and exit should not retrospectively remove that normal litigation right. As the Bill stands, because of ambiguity there is a risk that some or all Francovich claims, unless they have already been completed, will be extinguished. Surely, that would be an incorrect and unintended consequence. Plainly—and I will deal with this in a moment—there are some concerns about the potential role of the ECJ.

European Union (Withdrawal) Bill

Lord Taylor of Holbeach Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Davies of Stamford]

My Lords, I do not think I am going to give way to the noble Lord because I have been trying to speak. In the course of this debate, we are not actually going—I shall give way to the Chief Whip.

[Lord Taylor of Holbeach (Con)]

It is the turn of my noble friend.

[Lord Lamont of Lerwick]

My Lords, I shall speak to Amendment 14, the effect of which is to retain the charter as part of domestic law and to retain EU law under which claimants would be able to have domestic legislation struck down on the basis of incompatibility with the charter. Some noble Lords have expressed the view that they were baffled by the exclusion of the charter from this legislation, but I felt that the arguments were put very simply and cogently by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, at Second Reading when he simply pointed out that the charter is only one part of our extensive framework of human rights, that there would be a risk of confusion because of conflict with the ECHR and that what this was doing was complicating the situation to no good purpose.

Furthermore, the Secretary of State for Exiting the European Union has produced a memorandum showing how existing rights are being provided for in the legislation and in retained law. He has also gone further and said that if anyone can provide specific examples of rights that are not provided for, he will give the matter due consideration. Various people have suggested various things that may or may not be suitable for inclusion, but they will no doubt be considered by the Secretary of State and could be considered for primary legislation.

I asked the noble and learned Lord why he had changed his mind about the incorporation of the charter, which he and Prime Minister Blair strongly opposed in the Lisbon treaty. I do not want to go over that, as I think I made my point, but I suggest to the noble and learned Lord that he had very good reasons for excluding it, and that now is an opportunity—

Scotland Bill

Lord Taylor of Holbeach Excerpts

Monday 21st March 2016 Lords Chamber

[Lord Taylor of Holbeach (Con)]

My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Scotland Bill, has consented to place her interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Before the House begins the Third Reading of the Scotland Bill, it may be helpful for me to say a few words about Third Reading amendments. In line with our procedure on Third Reading amendments, the Legislation Office advised the usual channels last week that the amendment in the name of the noble and learned Lord, Lord McCluskey, and the further amendment in the name of the noble and learned Lord, Lord Wallace of Tankerness, and the noble Lord, Lord Stephen, on the Marshalled List for today’s Third Reading, fall outside the guidance. On the basis of that advice, the usual channels, who met today, have agreed to recommend to the House that Amendments 1 and 2 should not be moved. However, I expect my noble friend to address the issue raised by those amendments in his opening remarks on the government amendments in the same group. I hope that this approach will commend itself to the House, which is the ultimate arbiter in these circumstances.

Clause 2: The Sewel convention

Amendments 1 and 2 not moved.

Scotland Bill

Lord Taylor of Holbeach Excerpts

Wednesday 24th February 2016 Lords Chamber

[Lord Foulkes of Cumnock]

This is duplicity by the Government, and it really needs to be sorted out. I have been sitting quietly saying almost nothing—

[Lord Taylor of Holbeach (Con)]

Will the noble Lord give way? I had hoped to be able to discuss this in an orderly fashion, and I apologise if it has taken longer than the House would expect. I fully realise the pressure under which the House has been dealing with this Bill in general. Although we started the Bill an awfully long time ago—I think it was November when we had Second Reading—we have been in an expectant state for some days. Such is the situation that I recognise that noble Lords will want a little more time on Monday on those groups of amendments that deal with the fiscal framework. I understand that. I think it is the agreement of all in the usual channels that this would be a satisfactory way of dealing with it. It will be an informal agreement, with no resolution of the House, but I can announce it to those here today who I know are interested in this matter.

I thank my noble friend Lord Younger for holding the fort, but I happened to see the situation in which he was placed and I thought it would help matters if I made the position of the Government clear in this respect now. Many noble Lords involved in this debate are used to absorbing complex documents very quickly—that is why they are here—and I hope they will take the opportunity of the weekend to swot up, so that when we meet on Monday to discuss those aspects of the Bill, they will be in a position to add to our debate in a constructive way.

[Lord Higgins]

I do not think my noble friend was in the Chamber when this discussion began. The issue was not whether we would have more time next week, it was simply whether the rules which normally apply at Report—on speaking more than once, for example—should apply on the financial provisions, where we have had no discussion yet.

[Lord Taylor of Holbeach]

I am sorry: did I not make that clear? Although there will be no formal resolution to this effect, on those groups of amendments to which the fiscal framework applies, we will adopt those rules which we normally have in Committee. If that is agreed across the House, I am quite happy with that. My noble friend must have misheard what I was saying. I may not have been in the Chamber, but I was listening to the debate.

[Lord Foulkes of Cumnock]

As the person who initially raised it, and as one of the usual troublemakers, I fully accept what the Chief Whip has said. That is what we all understood was to be the case. As long as the discussion on the fiscal framework and related matters can be, informally, treated as if it were Committee rather than Report, I am sure that that is the way forward.