Private International Law (Implementation of Agreements) Bill [HL]

Lord Mann Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 3rd June 2020 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I have always understood that the Isle of Man is different and that special provision therefore needs to be made for it, particularly at its request. Long ago, when I was Lord Advocate, I was called to defend an action of the UK Government, which had imposed restrictions on fishing in the waters surrounding the Isle of Man that were different from the common fisheries policy. I was constrained to argue that the Isle of Man was not subject to the common fisheries policy, since it was different from the United Kingdom. I regret to say that the Isle of Man was not sufficiently different for me to succeed.

I support the amendment as something that is utterly important for the Isle of Man and perfectly in order.

[Lord Mann (Non-Afl)]

My Lords, in Clause 2(7), “relevant territory” is defined as

“the Isle of Man … any of the Channel Islands … a British overseas territory.”

On what basis should there be a differentiation for the Isle of Man as opposed to the others—as the noble Lord, Lord Adonis, rightly asked—particularly regarding the two Crown dependencies of Guernsey and Jersey? Would it not be sensible from a UK stance to have consistency, particularly between the Crown dependencies and on our approach to defining “relevant territory”, as covered by Clause 2(7)?

[Lord Marks of Henley-on-Thames (LD)]

My Lords, we have no objection to the Bill as passed extending to the Isle of Man at its request, but that is of course subject to the whole question of our objection to Clause 2 standing part of the Bill and to any other amendments to the Bill that may be passed to it. In those circumstances, it is right that the Minister is not pursuing this amendment today, and it would be right that we should reconsider our position on Report.

Private International Law (Implementation of Agreements) Bill [HL]

Lord Mann Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Monday 29th June 2020 Lords Chamber

[Lord Holmes of Richmond (Non-Afl) [V]]

My Lords, I support the three amendments, largely for the reasons already eloquently elucidated by other noble Lords. I spare a word for my noble and learned friend the Minister in his dogged determination in the way that he has taken this Bill through. Perhaps he, like others, will agree that the Bill will now leave this place in a better state than when it arrived. We all hope that we are bidding au revoir to Clause 2 and hope that when the Bill appears in the other place it will in no sense be à bientôt.

In making those points, I underscore the important place of London as a centre for international dispute resolution. I ask my noble and learned friend, as I have on each occasion, to underline our gift—a gleaming jewel—in having English law and the jurisdiction of the courts of England and Wales.

[Lord Mann (Non-Afl) [V]]

My Lords, it is a little disconcerting to end up being thought by the noble and learned Lords, Lord Garnier and Lord Falconer, to be on the side of the angels, but I concur with the consensus that has emerged on the Bill. When we left the European Union, we did not leave in order to give the Executive more power. The argument that was put was that power would be transferred back to the British Parliament. There is a substantive difference between Parliament and the Executive in our democracy, and it would behove the Government in future to be significantly less reliant on so-called Henry VIII powers. That is not taking back control of democracy; it is ceding control to the Executive. That will come back and bite the Executive politically in the view of the general public at some stage in future. I am pleased that we have a consensus today.

Finally, I add to the question posed by the noble Lord, Lord Foulkes, to clarify what the situation will be in relation to Northern Cyprus.

[Lord Marks of Henley-on-Thames (LD) [V]]

I welcome these sensible amendments which tidy up the Bill, but I also welcome them for an important reason, which is that in removing Clause 2 this House made an important constitutional decision. I welcome the thrust of much of what the noble and learned Lord, Lord Garnier, said. However, I doubt that we need a thoroughgoing review of delegated legislation or the powers to delegate legislation. What we need is to respect more thoroughly the views of the Delegated Powers and Regulatory Reform Committee and the principles that it applies, which are well known and are often stated and applied by this House and were importantly so stated and applied during debates on the removal of Clause 2.

I regard it as a shame that the Minister opened this afternoon’s discussion with a reassertion of the position that he enunciated during earlier stages of the Bill— that Clause 2 was constitutionally proper and not inappropriate. This House decisively rejected that view. I hope that the Government will listen to what has been said today and, more importantly, will consider the arguments that were advanced during the earlier stages of the Bill, change their mind and decide not to reinstate Clause 2 and send it back to this House, taking advantage of their majority; and, rather than having a thoroughgoing review, will decide to exercise some self-control in future and not put before us Bills which contain delegated powers that most of us regard as entirely wrong and inappropriate.