Queen’s Speech

Lord Marks of Henley-on-Thames Excerpts

Tuesday 18th May 2021 Lords Chamber

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

My Lords, I too congratulate the noble Baroness, Lady Fullbrook, on her eloquent maiden speech, and look forward to future debates with her. In winding up this wide-ranging and challenging debate, I will concentrate on the proposals on justice, with some points on home affairs, although I will not try to add to what my noble friends Lord Paddick, Lady Bonham-Carter and Lord Clement-Jones said on culture and digital media, and their great importance to our well-being and economy.

Summarising the philosophy of our response to the Government’s proposals, today’s speeches from these Benches have been marked by a commitment to security and safety through freedom, the rule of law and compassion. As a society, we are more secure and safer if we respond to crime with a strong emphasis on prevention, real support for victims and the reform and rehabilitation of offenders. We are better governed if the Government are accountable in the courts for unlawful action; we are protected from abuse of power by our right to protest—witness Myanmar, Hong Kong and many others.

This approach is at the heart of the widely applauded Domestic Abuse Act, and the draft victims Bill, ably introduced by the noble Lord, Lord Wolfson of Tredegar, has the potential for a similar achievement. We have long campaigned for the victims’ code to be given the full force of law, and we are heartened by the commitment to address violence against women and girls.

However, we do not approach the Police, Crime, Sentencing and Courts Bill with the same confidence. Hostile reaction to date has largely focused on the proposed restrictions of the right to protest. Even the language of the government briefing has sinister overtones:

“Balancing the rights of protesters with the rights of others to go about their business unhindered, by enabling the police to better manage highly disruptive protests.”


The danger is that passivity and compliance may be encouraged by a disciplinarian Government at the expense of legitimate, if noisy, protest against injustice or abuse of power. The noble Baroness, Lady Chakrabarti, forcefully supported this position. At best, the Bill is an overreaction to occasional unacceptable behaviour by protestors, which is probably illegal at present anyway—a point also made by the noble Baroness, Lady Fox of Buckley.

In the Bill, the Government’s consistent emphasis on the so-called tough crackdown, longer sentences and increased police powers never falters. But there is nothing in the Bill to improve our national performance in preventing crime or on reform, rehabilitation and reducing reoffending, except for a dubious commitment to a new form of secure schools, which is unsupported by solid evidence or the necessary resources. There is also nothing to address the de facto discrimination against black and ethnic minorities, particularly young men. The right reverend Prelate the Bishop of Gloucester made these points eloquently, and my noble friends Lord Dholakia and Lord Paddick, the noble Lords, Lord Hastings of Scarisbrick and Lord Carlile of Berriew, and the noble Baroness, Lady Kennedy of The Shaws, all spoke of the inhumanity and overcrowding of our prisons and the disgraceful state they are in. The noble Lord, Lord Ramsbotham, also spoke of the desecration of our probation services. A number of noble Lords mentioned the welcome commitment to a police covenant report on police welfare, including my noble friend Lady Harris, who spoke of police treatment centres.

We wanted a commitment from the Government for a strong and wide-ranging anti-fraud measure to attack online fraud and scamming, as recommended by the Government’s economic crime plan in 2019. The noble Lord, Lord Vaux of Harrowden, concentrated on this point, and it was covered by my noble friend Lord McNally and the noble Viscount, Lord Goschen. As the noble Lord, Lord Vaux, said, the limited U-turn on this issue in the online safety Bill goes nowhere near tackling this scourge of contemporary life—an epidemic, as the noble Viscount called it.

Turning to the judicial review Bill, the Queen’s Speech promises to

“strengthen and renew democracy and the constitution”,

and promises legislation to

“restore the balance of power between the executive, legislature and the courts.”

However, the Bill now proposed is limited to introducing suspended quashing orders and to ending Cart JRs in which the High Court reviews Upper Tribunal decisions. I agree with the noble and learned Lord, Lord Brown of Eaton-under-Heywood, that suspending quashing orders will sensibly allow time for government to correct irregularities before implementing decisions, rather than quashing them immediately. My original reaction to the proposal to reverse the Cart decision was sympathetic, but I now rather doubt that the Government’s evidence on this stands up, so I look forward to debating the issue further in due course.

However, our greater concern, persuasively expressed by the noble and learned Lords, Lord Hope and Lord Woolf, my noble friends Lord Thomas of Gresford and Lord Beith and the noble Baroness, Lady Chakrabarti, is that the language of the Queen’s Speech heralds a far wider reform of judicial review. The noble Lord, Lord Faulks, and his distinguished panel carried out a thorough and principled review of administrative law and effectively found that, in general, our system does not need radical overhaul, as the noble Lord, Lord Faulks, confirmed today. An attack on JR would threaten the rule of law and would be an unacceptable political response to a mistaken criticism of alleged judicial overreach, largely fuelled by the Government’s reaction to the Miller decisions.

On the proposed sovereign borders Bill, making asylum claims inadmissible for illegal entrants sounds, at first blush, justifiable. It is not. This proposal ignores the fact that many who run untold risks, sustain all manner of hardship and finally manage to find their way here, albeit illegally, have had no possible means of securing the visas that they would have required to enter legally. Without a workable and humane proposal for safe and legal methods of entry, as called for by the noble Lord, Lord Dubs, this proposal would erect a barred gate against many who deserve our compassion and our welcome. We have a long tradition of offering sanctuary to the persecuted and to refugees. We are not talking only of justifiably outlawing people-smugglers but of making the grant of asylum dependent on authorised legal entry. On this issue, I strongly agree with the noble and learned Lord, Lord Hope, the noble Lord, Lord Blunkett, and the noble Baroness, Lady Jones of Moulsecoomb, whose passion on it I share.

As we witness the horrifying rise in anti-Semitism here and abroad, we should remember that welcoming the oppressed demonstrates our civilisation and our compassion. By shutting our doors to the oppressed we side with their oppressors. I would add that, for all the elegance of his language and his clearly good intentions, we profoundly disagree with the approach of the noble Lord, Lord Green of Deddington, to immigration and changes in the ethnic make-up of our society, which we believe do not weaken this nation but enrich and enhance it, just as the noble Lord, Lord Dobbs, described.

The Government’s plans for reform of the Mental Health Act are welcome, particularly the proposals to reform the process of mental health detention, to deal more humanely with autistic people and to improve the management of offenders with mental disorders. This is all in line with concerns long expressed from all around this House.

Finally, I add to what the noble and learned Lord, Lord Garnier, said last Wednesday on the subject of criminalising coercive and controlling behaviour by charlatan counsellors or so-called psychotherapists who peddle their services to take over the lives of troubled young people, implant false memories of abuse by parents and families during childhood and create a dependence on themselves, alienating these vulnerable young adults from their parents and families in a damaging cycle of coercive control over their lives. The noble and learned Lord, Lord Garnier, highlighted many years of parliamentary endeavour on this subject, thwarted not by principle but by the “wrong Bill” argument—an argument that we should abhor. We also want to see a professional register that would support genuine professionals and their status, and encourage potential clients to seek help only from properly registered professionals. This is, perhaps, a small issue, but it is one on which this House has a great contribution to make. The Government should be in no doubt that many, throughout the House, feel strongly on these issues. This will give rise to amendments to the proposed legislation, and will not go away.