Identity Documents Bill

Debate between Baroness Neville-Jones and Lord Pannick

Tuesday 21st December 2010 Lords Chamber

[Baroness Neville-Jones]

I repeat to the House that the Government believe that this legislation is compatible with the European Convention on Human Rights. I do not think that I am obliged to say whether or not we have consulted the law officers, nor to say what legal advice we have taken. However, we believe it to be compatible with the convention. As we take our duties seriously, that is a clear statement to the House that we believe that we are acting lawfully.

[Lord Pannick]

Does the Minister appreciate that the question is not simply whether or not the Government are satisfied that the Bill that they are putting forward is compatible with the convention? Will she address the point that on the previous occasion, and in the debate today, a specific concern has been raised about why it is feared that the Government’s position is incompatible with the convention? That is why it was suggested to the Minister on the previous occasion that specific advice should be taken from the law officers on this precise point. I am sure that it would assist the House if the Minister were at least able to say whether she went back to the law officers in the light of the debate on the previous occasion, and in the light of the specific concern that was raised, in order to assure herself and noble Lords that that point had been considered and the Government were satisfied with regard to it.

[Baroness Neville-Jones]

I do not think that I am able to enlighten the House any further on the question of taking legal advice. We believe our actions to be lawful.

--- Later in debate ---

[Baroness Neville-Jones]

This is a matter for the House, but I should like to answer the other points that have been made.

[Lord Pannick]

I am very grateful to the noble Baroness but she really has not answered the substance of the concern. I suggest that the only way she can do that is by telling the House whether or not the law officers have been consulted. It is a matter for the House what step to take but I suggest to the noble Baroness that the appropriate step for it to take is to adjourn further consideration of this matter until she is able at least to assure it that the concerns that have been expressed by a number of noble Lords have been considered by the law officers. I entirely accept that there is no obligation on the Government to tell the House what the advice of law officers is but it must be assured that they have been consulted on this matter. Therefore, I ask the noble Baroness to accept that the appropriate step is for further consideration to be adjourned.

Identity Documents Bill

Debate between Baroness Neville-Jones and Lord Pannick

Tuesday 21st December 2010 Lords Chamber

[Lord Pannick]

I am grateful to the noble Baroness. I shall confine myself to brief questions. First, the Minister indicated that legal advice had been taken. Will she accept that there is a difference, which concerns noble Lords, between taking legal advice on these matters and taking legal advice from the law officers?

The second matter arises out of the noble Baroness’s statement that it is a convention that Ministers do not confirm whether or not legal advice has been sought from the law officers. Does she accept that it is a different matter if she has given a specific assurance to the House that legal advice will be sought from the law officers and that it is entirely appropriate that she should confirm to the House whether her own assurance has been fulfilled?

My third and final question is: will she also accept that it is not a universal rule that the Government do not tell the House whether legal advice has been sought from the law officers? There are many, many examples of the Government telling this House and the other place that legal advice has been sought from the law officers. Professor Edwards’s book, Law Officers of the Crown, gives many examples, the most recent of which, of course, relates to the legality of the invasion of Iraq.

[Baroness Neville-Jones]

My Lords, it is not clear to me how much more help I can be to the House. I have tried very hard to be of help. Perhaps I can take up the points that have been made. I was asked in the House—I am looking at Hansard—whether the advice was from the law officers. I said that I was not sure but would seek to confirm it. That is indeed what I undertook to do. I am advised that I am not in a position to disclose either the fact of seeking that legal advice or its contents. That is why I am not able to take what I have said to the House this afternoon any further. The only way that I could do that would be—