Public Order Bill

Debate between Viscount Hailsham and Baroness Jones of Moulsecoomb

Report stage
Tuesday 7th February 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I speak as the mother of a journalist, so I have a vested interest here, but journalists do not go along to protests to join them but to watch and report on them. The Hertfordshire police and crime commissioner, David Lloyd, with whom I had the displeasure of sharing a panel the day after this all happened, said that protesters should not have the oxygen of publicity. That was his attitude: “Freedom of the press is fine, but not for protesters.” That is utterly unreasonable, as are the noble Lord’s comments. I support this very strongly. I do not see why anyone here would have a problem with it, except the Government. What are they frightened of? What do they think journalists will report that would look so bad for them? Obviously, almost anything.

[Viscount Hailsham (Con)]

My Lords, I support what the noble Lord, Lord Hogan-Howe, has said. This is really a matter of definition. We all agree that journalists should not be arrested while doing their job, but it is very difficult for a policeman to distinguish between A and B—

[Baroness Jones of Moulsecoomb (GP)]

They have cards.

Elections Bill

Debate between Viscount Hailsham and Baroness Jones of Moulsecoomb

Report stage
Monday 25th April 2022 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I rise very briefly to support the amendment put forward by the noble and learned Lord, which has, if I may say so, attracted very wide support on all Benches of this House.

Others have already identified some of the aspects of Clause 15 that are truly objectionable, so I will not go into any great detail, save to say that, on any view, the powers given to the Secretary of State are very extensive. They are, as has been said by a number of your Lordships, designed to make the commission an implementer of government policy. The requirement on the Government to consult is extraordinarily limited, and the obligation on the commission to report compliance will expose the commission to the cry “Enemies of the People”, as happened in 2016 when the judges held that Brexit required the consent of Parliament. I might remember, too, that the Lord Chancellor of the day did not push back on that criticism. I acknowledge that the substantive statement is subject to the affirmative resolution procedure, but I also point out that, in the House of Commons at least, that will be the subject of the most strenuous whipping. In any event, of course, the statutory instrument procedure is not subject to amendment.

I have been in public life for 40 years—not as long as my noble friend Lord Cormack, but perhaps long enough—and I have come to a very settled conclusion: if you give powers to the Executive or to officials, in time they are certain to be abused or misused. That will certainly happen. As my noble friend Lord Young of Cookham—I have known him for over 60 years—rightly pointed out, the present Prime Minister illegally thought to prorogue Parliament. I am told by reading the newspapers that, at this moment, the Government are thinking of simply abrogating the Northern Ireland protocol—a treaty obligation to which the Prime Minister signed up very recently and on which, at the time, he incorrectly stated that it did not create a hard border between Northern Ireland and the rest of the United Kingdom.

As has been rightly said, in particular by the noble Lord, Lord Grocott, election law is extraordinarily sensitive. I for one am not prepared to give powers to a Government that, if used, misused or abused, will certainly damage yet further the respect for our democratic institutions. It is for that reason that if, as I hope, the noble and learned Lord moves to test the opinion of the House, I shall support him.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I would like to join in on all these comments about the Prime Minister’s failings, but I just do not think there is time in this debate.

I support the noble and learned Lord, Lord Judge, and will obviously support the amendments, but before I speak to those specifically, I hope noble Lords will not mind if I speak briefly about what we are facing this week—and possibly next week—because the Government have created a legislative deadlock. This was not the fault of your Lordships’ House; it was the fault of the Government, and if this legislation is not passed in the next few days, it falls completely. I have no problem with that—I would like to see it all fall—but the fact is that that probably is not a position your Lordships’ House can take. However, we can obtain very significant concessions from the Government. They will not want to lose all these Bills, and this is an opportunity for us to throw out the worst bits of the legislation that we have all argued about over the past few months.

I make a plea to the Labour Front Bench and the Cross-Benchers that we maintain the maximum amount of toughness in the face of what the Government are trying to push through this House. We should not fumble this opportunity to improve Bills that we have tried to improve, only for almost all those amendments to be ripped out by the other place. So, I am looking forward to today. I have sat here and listened to the speeches with a real smile on my face; it has been wonderful.

Amendments 45 and 46 are a perfect example of why we should not back down. We have to insist that we will not pass the Bill if Clauses 15 and 16 remain in it. The Electoral Commission, as we have heard, said it best, and I agree. It says that the proposals are

“inconsistent with the role that an independent commission plays in a healthy democratic system.”

This Government are trying to reduce the amount of democracy we have in Britain, and that is a terrible failing for a democratically elected Government.

The Greens are very grateful to the noble and learned Lord, Lord Judge, for leading on these essential amendments. I am sure he is going to carry the House with him, and we will obviously vote for them again and again—as many times as it takes to force the Government to drop them or lose the Bill entirely.

Police, Crime, Sentencing and Courts Bill

Debate between Viscount Hailsham and Baroness Jones of Moulsecoomb

Report stage
Monday 17th January 2022 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I rise to support the Government on this matter. It rather caught me by surprise that I was going to but, having studied the amendments with some care, I am on their side. As regards Amendment 116, these provisions are a serious improvement on what went before. I am bound to say that I was very uneasy with what went before but Amendment 116 addresses some of the concerns. I have two drafting points to make, which could be addressed in the House of Commons if the Government were so minded.

First, I absolutely agree with those who worry about the word “significant”. “Significant” is pretty trivial; it is not “substantial” or “serious” and, speaking for myself, I rather hope that the Government substitute “substantial” or “serious” when the Bill gets to the House of Commons.

My second point concerns proposed new subsection (2ZC). Here, I do not think that the Government have gone far enough, because what is being contemplated in that provision as it stands—I am sorry, I simply do not agree with the noble Lord who spoke from the Opposition Benches on this—is a total inability to carry on the work in the vicinity of the noise. But we should also address circumstances where there is a considerable inconvenience to ordinary citizens, which takes me to my fundamental point: of course demonstrators have the right to demonstrate, but ordinary citizens also have rights to go about their ordinary business, to work, to enjoy reasonable tranquillity and to expect others to respect that. It seems that the law has gone too far in favour of a demonstration, and that is very unfortunate. On the whole, I therefore support the Government in this matter.

It is true that if I was drafting this thing, I would have done it slightly differently. I agree with the noble Lord, Lord Coaker, about unease. What does unease mean? The noble Viscount, Lord Colville, makes the same point and I agree. I also agree on the concept of not being able to carry on proper business. That is slightly doubtful to my way of thinking as well. However, on the whole, although I came initially to think these things had gone too far, I now think that the Government are broadly speaking right in trying to bring about a better balance between the rights of demonstrators and ordinary citizens.

[Baroness Jones of Moulsecoomb (GP)]

Could I just mention to the noble Viscount, Lord Hailsham, that these are ordinary people who protest? These are people who quite often just do not agree with the Government. I support a lot of protests that happen at the moment; there are sometimes protests that I do not support, but I support those people’s right to protest. On noise, I agree completely with the noble Lord, Lord Coaker. How do the Government seriously think that protest is going to happen without noise? That is a fundamental part of it, whether it is drums, chanting or singing, or just talking through a megaphone. These provisions really are so oppressive. I have attached my name to Amendments 122, 133 and 147. These clauses should be deleted from the Bill. They are repressive and plain nasty, and they really have to go.

European Union (Withdrawal Agreement) Bill

Debate between Viscount Hailsham and Baroness Jones of Moulsecoomb

Committee: 1st sitting (Hansard) & Committee stage & Committee: 1st sitting (Hansard): House of Lords
Tuesday 14th January 2020 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 4, to which I have attached my name, as well as Amendment 8 and others in this group. As currently drafted, the Bill does not match the Government’s previous assurances that EU citizens’ rights will be protected. It is impossible to deny that massive errors occur in the UK immigration system. People are wrongly deported, sometimes in tragic circumstances leading even to death. While many of these tragedies occur whether or not there has been an appeals process, it is certain that many more injustices will happen if an appeals process is not available. For that reason, the Bill must set out a clear right to an appeals process. It is not good enough to leave it to Ministers to decide on an appeals process in the future, because the Bill does not give a date by which an appeals process should be brought into force. This means that Ministers might never create an appeals system at all.

Also, no principles are set out, or basic rights which must be protected, or rules which must be obeyed. I do not want a situation where government inaction, for whatever reason, leads to injustice or, worse, citizens’ rights becoming another bargaining chip in the next stage of Brexit negotiations. I say this as someone who voted for Brexit—but I did not vote to be nasty or to make people feel vulnerable and at risk of being deported, and I did not vote to ruin people’s lives.

Surely the Minister understands that the Government are creating a quite complex new immigration status for EU nationals and that it is almost certain that administrative errors will happen, so a clear appeals process must be set out in this important legislation. I therefore make a plea to the Minister to take the amendment away and discuss it with his officials. We need something like this in the Bill so that errors can be put right and so that our EU friends and neighbours know that justice will be done.

[Viscount Hailsham (Con)]

My Lords, I rise briefly to speak to Amendment 10 in this group, to which I have put my name. From my point of view, the amendment is more by way of a probing amendment, because I appreciate that the regulation-making powers that are provided for in Clause 11 are subject to the affirmative resolution procedure, as set out in Schedule 4. However, my concern is that the regulations could strike down the ability to make an effective appeal review under judicial review, and I would like to know why this is.

Judicial review is a very important remedy so far as the citizen is concerned, because they can challenge the power of a public authority on the grounds that it is, for example, unlawful, unreasonable or ultra vires, or on a number of other grounds. I appreciate that the courts have sometimes gone a bit far in their interpretation of their powers, in that they have on occasion usurped the executive functions of Ministers—but that is by the way. What I would like to know in this case is why we are extending the power in the regulations to tackle judicial review, and in particular what kinds of changes the Minister has in mind when contemplating this power in the statute.

Privileges and Conduct Committee

Debate between Viscount Hailsham and Baroness Jones of Moulsecoomb

Monday 17th December 2018 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I rise to express my concern at the procedures that this House has adopted with regard to the case of Lord Lester. In expressing these views, I make it plain that I am making no criticism of the commissioner. I accept that she was conducting her functions in accordance with the rules that were laid down by this House. My concerns lie with the procedures that we have put in place, rather than the manner in which they were exercised.

Lord Lester has resigned from this House, so this debate can be more general in content than was the case on 15 November, when his future was being discussed. I will make just two comments about Lord Lester. For the avoidance of doubt, he is in no sense a close friend of mine. First, I do not take his resignation as an admission of guilt. I can well understand that this process has been extremely distressing for him. He has said that these events have had a serious impact on his health and for that reason he wishes to draw a line under them. I can well understand that decision. It is a sufficient explanation for his resignation. Secondly, Lord Lester has made an important contribution to the law on human rights, to this House and in public life in general. That is an important legacy, which, notwithstanding the findings of this report, will always stand to his credit.

My concerns about the procedure that this House adopts are of long standing. I first expressed them in 1997 in the House of Commons when the case of Neil Hamilton was under consideration. Mr Hamilton was no friend of mine. His was not a popular case. But I formed the very firm conclusion that he had not been fairly handled by the parliamentary process then in place, which is substantially the same as our own.

I regret that I could not be here when this matter was debated on 15 November. I have, however, read the Hansard and the two reports produced by the committee. I am reassured to note that the views that I am about to express are very much in line with those expressed by, for example, the noble and learned Lord, Lord Woolf, the noble and learned Baroness, Lady Butler-Sloss, the noble Lord, Lord Pannick, and the noble Lord, Lord Thomas. I am happy to associate myself with them.

I have never held high judicial office nor been a frequent advocate before the Supreme Court; I am but a jobbing barrister, but I have jobbed for 50 years on and off in both the criminal and the civil courts. I presently act as the legal assessor to the regulatory panel for the Nursing and Midwifery Council and the Health and Care Professions Council, and until last year I helped to regulate the doctors as a legal assessor. For these regulatory panels—indeed, for all the statutory panels of which I am aware—Parliament has laid down by statutory instrument a precise procedure that has to be observed in order to ensure that the principles of natural justice and fairness are observed, and the appellate courts are rigorous in enforcing compliance with those requirements. Paragraph 15 of the further report states that,

“professional bodies have systems very similar to our own”.

That is not my experience. It is not correct in respect of professional bodies regulated by statute. In respect of them, the further report is wholly mistaken.

Very recently I was the legal assessor in a case that is relevant to the one we are considering. A registrant was alleged to have had sexual relations with a former patient during and after the provision of treatment. In accordance with the procedure laid down by Parliament, both parties were represented by counsel; the regulator’s lawyer opened the facts of the case and submitted to the panel the previously made statements of relevant witnesses; and the relevant witnesses were called and cross-examined. The registrant then gave evidence and was cross-examined. Closing submissions were then made. This was the procedure laid down by Parliament. It ensured that a fair process was observed. Had it not been followed, the appellate courts could have intervened.

Yes, the registrant had had sexual relations with the former patient, but these had commenced after the conclusion of the treatment and at the instigation of the patient. Moreover, the sexual relations were continuing, years after their commencement. These facts were not clearly apparent from the papers and emerged as a result of the process that I have just described. They were highly relevant to the ultimate conclusion.

[Baroness Jones of Moulsecoomb (GP)]

Forgive me—I just do not see the relevance of this. I am sure there is almost no Peer in this House who does not think that our processes are inadequate and are going to be changed in future. I wonder if the noble Lord is trying to describe a system that he wants imposed here. I suggest that that would be better given in writing to the committee, rather than our hearing about other processes at this time.

[Viscount Hailsham]

My Lords, when you have a topic of this importance, touching as it does on the liberties of Members of this House, it is entirely right that we should take part in a public debate. To say to the contrary is to try to suppress argument, and I will not be party to that.

[Baroness Jones of Moulsecoomb]

I was not trying to suppress debate; I was trying to suppress planning for future processes, which is clearly going to be a committee job.

[Viscount Hailsham]

I hope that future processes will be informed by the nature of this debate. I hope that noble Lords will participate in considerable numbers, so that future processes can be properly formulated in accordance with the views of your Lordships.