Succession to the Crown Bill

Debate between Lord Trefgarne and Lord Elton

Wednesday 13th March 2013 Lords Chamber

[Lord Elton]

My Lords, my amendment has been grouped so that the first and last stand together. My noble friend has fully explained the circumstances that make the amendment necessary. He has traced the identification of the monarch from the Act of Settlement through various other Acts to the present. The question is whether that is a continuous and incontestable line or whether there is doubt thrown upon it. He has demonstrated that there is doubt—a point that I picked up in Committee. Doubt is thrown on it by the Human Fertilisation and Embryology Act 2008. We have discussed that in Committee but there are rather more noble Lords here than there were on that day, so it is worth repeating that Section 48(7) of the HFEA 2008 recites what is not to be altered or touched by what is in that Act.

The two things caught out are titles and other honours. To the lay mind, that does not embrace the possession of the Crown, which is the subject of this Bill, and therefore does not seem to offer any of the protection that my noble and learned friend the Lord Advocate says that it offers. I cannot see the principle by which it could. The principle will apply to the 1987 Act—that is in the same letter from the Lord Advocate referred to by my noble friend. Another letter refers to “us”—being the Government—and the Lord Advocate says that the, “lesser includes the greater”. I think that was the phrase. If that is right, my noble and learned friend should know that that brings instantly to my mind an image of a bar, other than the one to which he was called, and a quart being poured into a pint pot with an awful mess on the taproom floor. The greater surely includes the lesser, rather than the other way round. However, that is irrelevant because that referred to another Act, and he did not advance that argument in the case of this Act.

My simple point is that the Act that the Government say purports to provide protection for the succession of the Crown does not do so. It specifically mentions other objects. Incidentally, my noble and learned friend referred to this in Committee, almost subliminally. If I were a psychiatrist, I would be interested to know how he would interpret the fact that he said:

“The Bill will maintain the position under the Adoption Act and the Human Fertilisation and Embryology Act 2008 referred to above. It will not change the way the Crown, or titles”—

not “and”, but “or titles”—

“or dignities, descend”.—[Official Report, 28/2/13; col. 1217.]

It seems to me that that betrays the fact that it is a separate concept; it is not contained in that definition. Therefore, I ask my noble and learned friend to consider before Third Reading putting in the words of my amendment, which would clarify this beyond doubt. Even if my noble and learned friend and the Government think that this is unnecessary—like him, if I embrace the lesser and the greater—it is still not harmful. If they are wrong and we are right, it needs to be done.

[Lord Trefgarne]

My Lords, I broadly support my noble friend Lord True in his amendment. Indeed, at an earlier stage of my deliberations about today’s proceedings, I thought of tabling an amendment to do something similar to what he is now proposing. Having read my noble friend’s amendment, however, I thought better of it and withdrew my amendment for the time being.

My only reservation about my noble friend’s amendment is proposed new subsection (3) of the new clause, which says that the proposed new section,

“should not apply in any case where both Houses of Parliament pass a resolution to the effect that it shall not apply”.

I would have thought that proposed new subsections (1) and (2) were absolute considerations, thought to apply willy-nilly, and Parliament ought not to have the right to overturn them. However, that is a small point compared to the principle of what he is proposing, which, in general, I support.

Growth and Infrastructure Bill

Debate between Lord Trefgarne and Lord Elton

Tuesday 12th March 2013 Lords Chamber

[Lord Elton]

My Lords, I am really rather appalled by what the Government are proposing and largely reassured by what my noble friend is proposing. I want merely to ask my noble friends on the Front Bench and those in my party and the Liberal Democrat party in government to consider for a moment what a very large number of people live in houses with small narrow gardens bang up against people next door, either on one side or both.

A neighbour has enormous power over the comfort and convenience, and indeed the property value, of the people on either side. Throwing up something that looks into your garden, blocks the light from your flower-beds or makes you feel in some way claustrophobic can actually blight people’s lives. It is essential for the Government to realise that a great number of people— I declare an interest; I am one of them—live in circumstances where we are all in the hands of our neighbours as regards our comfort and the “quiet enjoyment” of our property, as the common law says.

As the noble Earl, Lord Lytton, very eloquently put it, when the air, light and privacy of one’s life are at the disposal of one’s neighbour, there must be some ready course of arbitration or judgment that is in one’s power to initiate, is not cripplingly expensive and does not take for ever. It seems that my noble friend is offering that and the Government are not. Therefore, there is no question who I would support.

[Lord Trefgarne]

My Lords, I apologise to your Lordships that I was not in my place when my noble friend Lord True opened this debate. I absolutely support what he is proposing in this amendment. I think these proposals are little short of outrageous and, in the area where I live, will result in a change in the control of the local authority.

Succession to the Crown Bill

Debate between Lord Trefgarne and Lord Elton

Thursday 28th February 2013 Lords Chamber

[Lord Trefgarne]

My Lords, I share some of the concerns expressed by my noble friend Lord True. The plain fact is that the single-sex marriage legislation that is on its way through Parliament appears to be generating some unlooked-for consequences—and this issue may well be one of them. I hope that my noble and learned friend can reassure us.

[Lord Elton]

My Lords, I observe that this matter is outwith the terms of the Long Title. However, the Title has been postponed and it is possible to amend it, if necessary.

House of Lords Reform Bill [HL]

Debate between Lord Trefgarne and Lord Elton

Friday 21st October 2011 Lords Chamber

[Lord Elton]

I may well be wrong, because my Latin is rather out of date now, but I think that the root of the word is the same as that for “senex”, which means an old man. That is very appropriate to this House.

[Lord Trefgarne]

My Lords, I hope that the noble Lord, Lord Jenkin, will reflect on the word “shenanigans”, which he used a few moments ago. I take some exception to that description. We described at some length—and I will not repeat what I said then—why we objected to Clause 10 stand part. That was not shenanigans; it was responsible and respectable and a decent argument. I take exception to the words used by my noble friend, and I hope that he will withdraw them.

--- Later in debate ---

[Lord Elton]

My Lords, it will be important when we get to Amendment 123 to recall that the other amendments in the group—Amendments 4, 6, 58 and so on—will be highly relevant to that debate because they are consequential on Amendment 123. They will presumably be debated. Your Lordships will need to look at the earlier part of the Bill when considering Amendment 123 —as presumably noble Lords will.

[Lord Trefgarne]

My Lords, it would not be appropriate to pursue the matter further at this point but have we not identified the confusion that has now been caused by my noble friend reordering consideration of the Bill?