Retained EU Law (Revocation and Reform) Bill

Debate between Lord Hope of Craighead and Baroness Butler-Sloss

Report stage
Wednesday 17th May 2023 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, the amendments moved by the noble Baronesses leave me feeling very uneasy—not because I doubt the validity of the points they have raised, but because I am concerned about things that may have been missed out. The fact is that we have been presented on Report with an enormously long proposed schedule and a spreadsheet and, frankly, this is no way for parliamentary scrutiny to be conducted in the Chamber. It is a different matter in Committee, where we can have things on tables in front of us, but it is quite impossible to go through the proposed schedule in this Chamber with the respect and detail that it deserves on Report. That is my concern.

I confess that I have not had the time or resources to go through the whole of the proposed new schedule. I have spotted, as has been noted, a number of things that quite obviously have to be discarded. That is not in doubt. However, it is the things that need to be examined carefully in detail in order to see mistakes of the kind that these amendments draw attention to that trouble me very greatly. I just express my great concern about the process we are undertaking, which, in my respectful submission, cannot really be described as parliamentary scrutiny.

[Baroness Butler-Sloss (CB)]

My Lords, with two grandchildren who are gluten-free, I strongly support and share the concerns of the noble Baroness, Lady Brinton. Perhaps more fundamental are the points that the noble and learned Lord, Lord Hope, has just raised. Throughout this process, I have become increasingly concerned about what may be left out or partially changed. Speaking as a former lawyer, what is going to happen when these matters come to court, as we said in Committee? We discussed what would be said when these matters come to court and someone relying on a regulation finds that it no longer exists, or that it has been changed without anyone having any idea that it had happened. As the noble and learned Lord said, this is absolutely not the way to deal with retained EU law.

National Security Bill

Debate between Lord Hope of Craighead and Baroness Butler-Sloss

Committee stage
Monday 19th December 2022 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I understand entirely what the noble Lord, Lord Evans, has said about the grey area, and we may need to look at that. However, because of how the clause is drafted, it goes far broader than that: as the noble Lord, Lord Marks, said, it allows for any interests of any Government at any period of time. What does the Minister think is the purpose of “interests”?

[Lord Hope of Craighead (CB)]

My Lords, there is an important principle at heart here. While I appreciate the description of the zone as grey, the problem is that, when you are criminalising conduct, particularly with the penalties that are mentioned in the clause, absolute clarity is needed so that the individuals at risk of being prosecuted can judge whether or not they are at risk of prosecution. Therefore, some attempt at changing the wording—not necessarily following the exact wording in the amendments—is needed to clarify the situation in the interests of the members of the public who are at risk of being prosecuted. I quite understand the greyness of the area, but that is a challenge that must be faced by finding a way, though some form of wording, to avoid the broad reach—indeed, the broadest possible reach—which is at risk if the wording of the clause is kept as it is.