Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Walton of Detchant and Lord Howarth of Newport

Tuesday 10th January 2012 Lords Chamber

[Lord Howarth of Newport]

My Lords, as everyone who has spoken has said, it would self-evidently be a false economy and prejudicial to justice if the Government were not willing to spend the money that they genuinely need to spend in ensuring that the expert evidence required is available to the courts. I ask my noble friend Lord Beecham, who moved the amendment, and the Minister—if, as he surely must, he agrees with the thrust of the amendment at least—what their views are on the appropriate methodology under the amendment. Does my noble friend consider that there should be some sort of standing body independent of the Ministry of Justice that would have the task of keeping this issue under continuous review and to report from time to time? I would have thought that it would be a continuing necessity for the Lord Chancellor to have the benefit of such advice so that he can be sure that the taxpayer is not being asked to spend more than is genuinely necessary under this head, but equally to be sure that sufficient resources are being provided. How does my noble friend or the Minister envisage that this function should be carried out? Perhaps they could say something about the practicalities of ensuring that that takes place, as that would be helpful.

[Lord Walton of Detchant]

My Lords, I had not intended to speak on this issue, except to give brief support to the amendment that has been tabled by the noble Lord, Lord Beecham, which he expounded so very clearly. My own personal experience of giving expert witness in neurological cases over many years, not for a long time but many years ago, has led me to give warm support to this proposal. It is fair to say that we heard comments a moment ago about expert witnesses in the field of paediatric neurology. This is an extremely difficult and sensitive area, particularly in cases of alleged child abuse when views have been taken by different experts on very good scientific evidence who have come to totally opposing opinions about the nature of the problem.

On the other hand, looking back on personal experiences, I have to say that the mechanism that I was familiar with many years ago has not been explored sufficiently. When I was involved in giving expert evidence in cases of head injury in miners, I remember receiving letters jointly signed by the then National Coal Board and the National Union of Mineworkers, saying that they would accept my report as being binding on both parties. That kind of agreement in advance of court hearings in cases of alleged negligence or industrial injury could be used very much more readily.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Walton of Detchant and Lord Howarth of Newport

Tuesday 25th January 2011 Lords Chamber

[Lord Howarth of Newport]

My noble friend is right. Communities and territories will be divided up, presumably on a computerised calculation, in a way that entirely ignores the feelings that, rightly and powerfully, animate people in their political views.

The Boundary Commission in its wisdom—or in its unwisdom—made a judgment some time ago that the constituency of Tyne Bridge should be created and no doubt vigorous representations were made then. However, the fact that it got it wrong on that occasion—if it did get it wrong, and I am persuaded by my noble friend Lord Graham of Edmonton that it did—does not mean that it should not have to take account of the expressions of public opinion that would come to it through public inquiries.

Building into the Bill one exception after another to take account of specific circumstances is not the right way in which to legislate on this matter. It would be much better if the Bill were constructed on general principles that enabled the boundary commissioners to make sensible judgments and decisions.

[Lord Walton of Detchant]

My Lords, I have no wish to delay proceedings and I shall be extremely brief. I was born in a place called Rowlands Gill on the River Derwent, a tributary of the Tyne, and I went to school in a place called Spennymoor, which later became part of the Sedgefield constituency. When I moved as a student and later spent my professional life in Newcastle, it was made very clear to me that the south began at the Tyne Bridge.

There was a story about the man from the south of England who came to Newcastle. He was walking up and down Northumberland Street and said to Geordie, “Can you show me the way to Gateshead?”. Geordie said, “Well man, it’s quite simple. Ye gan doon yon street and ye gan ower yon bridge. On t’other side ye’ll come to a whole lotta hooses and ye’ll say to yersel, ‘This canna be Gateshead’, but it certainly is”.

I make these points to stress the sense of community, which was stressed so effectively by the noble Baroness, Lady Armstrong. Newcastle and Gateshead are speaking together and collaborating very well indeed, but it is important to recognise that people in the north-east regard the Tyne as an important barrier.