(6 months, 2 weeks ago)
Lords ChamberIndeed. In principle I am very happy to update the Explanatory Notes, but I need to engage with ministerial colleagues. However, I see no reason why that would not be possible.
Meanwhile, I hope all noble Lords will feel able to support the Government’s position.
My Lords, before the Minister sits down, may I just press him on proportionality? I understand the argument to be that a proportionality test should be applied in this context even though it is not required in all cases by the European Convention on Human Rights. I see the Minister nodding. Will that now be the general position of the Government, because it is not the law in relation to judicial review generally that there is a proportionality test? If that is to the position of the Government, it would be a very significant development which some of us would welcome and some of us would not. I declare an interest, of course, as one of those lawyers referred to by the noble Baroness, Lady Jones, as looking to take advantage on behalf of their clients. It is a very real issue; how far does this go?
It goes only so far as its application to the Bill now. I am not aware of any further measures to take it into other Bills and would not expect to see any.
(9 months, 2 weeks ago)
Lords ChamberI do not believe that this unit has been working on the Rwanda Bill.
My Lords, if this unit consists of civil servants and external advisers, why is it impermissible for its work to be supervised by a parliamentary committee composed of privy counsellors?
It was set up as an internal part of DSIT. It reports to Ministers and Ministers provide the oversight. I take the point, but it is a national security institution and, as such, the Government have a strong preference for not allowing it openly to share national security information for fear of benefiting those who wish us harm.