European Court of Human Rights: Rule 39

Lord Anderson of Swansea Excerpts

Tuesday 6th June 2023 Lords Chamber

[Lord Bellamy (Con)]

With respect to the noble Baroness, that question does not arise. The Government have no intention of going to Strasbourg on that issue. Article 8 is a very important part of the convention, which is also part of domestic law through the Human Rights Act. The subject of today’s question is the Rule 39 power, which is quite a difficult question.

[Lord Anderson of Swansea (Lab)]

My Lords, with his usual reasonableness, the Minister appears to accept that such emergency and interim measures are not uncommon in international legal matters. He confirmed that the difference this time is that a group of right-wing people, led by the Home Secretary, take issue with one decision by a judge seeking to protect the human rights of other individuals.

[Lord Bellamy (Con)]

My Lords, interim measures play a very important part in the international jurisdiction. I respectfully point out that as far as I know, the process by which the Strasbourg court grants interim measures is different from that of the International Court of Justice, the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights, all of which provide for a proper hearing, a return date, and reasoned judgments—which are sadly lacking at the moment in the Strasbourg process in some cases.

Parole Board Recommendations: Open Conditions

Lord Anderson of Swansea Excerpts

Thursday 25th May 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I cannot as of today accept that proposition. I entirely see the arguments, it is a very big question and I am sure we will discuss it on a future occasion.

[Lord Anderson of Swansea (Lab)]

My Lords, presumably the Secretary of State has access to all the information that the Parole Board has, and the Parole Board is well aware of all the relevant matters, so why the difference? Should the Secretary of State give reasons for rejecting the recommendations?

[Lord Bellamy (Con)]

The Secretary of State gives reasons in every individual case, and those cases can be challenged.

Her Late Majesty Queen Elizabeth II

Lord Anderson of Swansea Excerpts

Saturday 10th September 2022 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, we have heard many wonderful tributes to Her late Majesty Queen Elizabeth II. Like others, I want to give thanks for her life of service, love and humility, rooted in her faith in Jesus Christ. I am delighted that the most reverend Primate the Archbishop of York mentioned those jigsaws and those barbecues in winter. The right reverend Prelate the Bishop of London, in a moving and poignant way, mentioned the experience of paying homage. I want to add one slightly amusing story to the wealth of tributes that relate to paying homage because, as has been said, our late Queen had an amazing smile and a great sense of humour.

As with all diocesan bishops, after I was announced as Bishop of Gloucester, I went to Buckingham Palace to pay homage. I was the first female diocesan bishop she had ever received and there was a certain amount of fluttering before the doors opened about whether I should curtsy or bow, wearing my robes. Just before we went in when, as usual, the Bible was being carried in on a cushion open at the verse I had chosen, I was told that I would be asked to kiss the Bible at the appropriate moment. There were a few moments of anxiety as I said, “I can’t possibly do that”, and some anxious glances as if there was some deep theological reason why I would not kiss this amazing Bible. I simply said, “I’m wearing lipstick”; that had never been experienced before. I was told simply to put my nose into it, which is what I did.

After the formalities of paying homage, she immediately put me at my ease and, as we chatted, spoke to me about being the first female diocesan bishop. Rather amusingly, she said that her husband Philip wondered what on earth my husband would do, and indeed what the husbands of other bishops would do. I found that rather amusing because I thought of all people in the country who should know what the husband of a bishop would do, one was the Duke of Edinburgh.

At this time of huge loss and mourning, I give such thanks to God for a life well lived—a life of faith and love. As I recall, the verse I chose that day of paying homage was from the Gospel of John, and it is one that the Queen lived. In Jesus Christ’s words to his followers: “Abide in me”. She did and she does. May she rest in peace and rise in glory. God save the King.

[Lord Anderson of Swansea (Lab)]

My Lords, la reine est morte, vive le roi. We have had such a wealth of personal stories illustrating the humility of Her Majesty, her warmth and her faith. My own immediate memory, alas, is of shame to me. I was sitting next but one to her at a Commonwealth conference in Westminster Hall when, alas, my mobile phone went off and I was the subject of a well-deserved regal stare, which stayed with me for a very long time.

Historians will see the last week as the end of an era, the like of which we shall not see again. The new King faces formidable tasks. He will have little difficulty in improving on the record of Charles I and Charles II, but he will have extreme difficulty in following in the footsteps of his beloved and late mother, in spite of his unprecedentedly long apprenticeship. For a person with strong and controversial views, many of which I share, he will have difficulty in not airing them in public but will seek inspiration from the discretion of his late mother and her serene sense of duty. Where she did have strong views, the only ones she could express in public related to horses, family and her corgi dogs.

One feature which has been mentioned, particularly by the noble Lord, Lord Alderdice, was that the late Queen was a great reconciler. If we think back to the 2011 visit of Her Majesty to Dublin, no politician could have achieved what she did at Croke Park and in Dublin Castle when she put a veil over all the troubles of the past and paved the way for a much warmer relationship with our cousins in the Republic of Ireland. History will certainly see her as one of the greatest monarchs—possibly the greatest, as the noble Lord, Lord Cormack, said, suggesting that perhaps she should be named “Elizabeth the Great”. As a Welshman, I much prefer the precedent of Hywel Dda—Hywel the Good. Perhaps, given her many superlative moral qualities, “Elizabeth the Good” might be a far better title for her. She was part of the glue keeping together the Commonwealth and our union, both of which are suffering the possibility of great turbulence in the future.

European Court of Human Rights

Lord Anderson of Swansea Excerpts

Monday 5th September 2022 Lords Chamber

[Lord Bellamy (Con)]

It is a protection and will remain a protection. The rights in the convention will continue to be respected and enforced by the courts of the United Kingdom as before.

[Lord Anderson of Swansea (Lab)]

Does the Minister agree that, if we were to withdraw from the convention, we would have to withdraw from the Council of Europe and global Britain would be even less global?

[Lord Bellamy (Con)]

I am afraid your Lordship’s question does not arise, since we are not withdrawing from the convention or indeed from the Council of Europe.

Barristers Leaving Criminal Practice

Lord Anderson of Swansea Excerpts

Thursday 17th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, solicitors need a higher rights of audience certificate to appear in the higher courts. We are in discussions to ensure that this system is working well. However, as part of our response to Sir Christopher Bellamy’s report, we are looking at opening up more opportunities for legal executives to do more work in the courts, particularly in the higher courts. That would also improve diversity, because the diversity of legal executives is in much better shape than it is for solicitors and quite a lot better than it is for barristers.

[Lord Anderson of Swansea (Lab)]

My Lords, perhaps the effect of the cuts has been felt most harshly on younger barristers at the very start of the profession. Up to 25% have left the profession over the past five years, despite having done the pupillage and Bar examinations. For them, legal aid has been a lifeline, allowing them to survive and have a decent career. What assessment have the Government made of the effects of these changes on the younger barristers and the likelihood of them staying in the profession?

[Lord Wolfson of Tredegar (Con)]

My Lords, we think that these changes will be a systemic change in legal aid: 3.5 million more people will be eligible for legal aid in magistrates’ courts and 2 million more people will be eligible for civil legal aid. We think that will help the Bar generally. Our other plans—for example, having more online hearings—mean that barristers are not spending money on travel and that a barrister can, for example, drop their children off at school and then attend a hearing 200 miles away.

Crown Dependencies: Contributions

Lord Anderson of Swansea Excerpts

Thursday 1st July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, as sanctions are a tool of foreign policy, it is government policy for UK sanctions measures to be given effect in the Crown dependencies to make those sanctions as effective as possible. The Crown dependencies apply UK sanctions, including, for example, the Global Human Rights Sanctions Regulations 2020 and the Global Anti-Corruption Sanctions Regulations 2021. The FCDO and Her Majesty’s Treasury ensure robust implementation of sanctions. There is considerable sanctions-related engagement with the Crown dependencies, including meetings and webinars, to make sure that all the sanctions legislation is properly applied throughout the Crown dependencies.

[Lord Anderson of Swansea (Lab)]

My Lords, a voluntary contribution is unusual and presumably could be withdrawn unilaterally; it depends wholly on good will. Does the Minister agree that transparency is important to allay any UK taxpayer concerns that these overseas tax havens are being treated unfairly? How regularly is there an audit of that financial relationship? Presumably, that also contains any contingent liabilities.

[Lord Wolfson of Tredegar (Con)]

My Lords, I take issue with the reference to tax havens. That is a tendentious term and we can perhaps debate it on another occasion. The Crown dependencies have a long-standing relationship with the UK via the Crown; it is not a quid pro quo relationship—using “quid” in both the Latin and the colloquial sense. It is a relationship based on constitutional convention and respect for domestic autonomy. We reiterated in the recent integrated review of security, defence, development and foreign policy that we will continue to defend and represent internationally the three Crown dependencies.