European Arrest Warrant and Investigation Order

Lord Morris of Aberavon Excerpts

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, in this House of legal eagles I hesitate, as a non-lawyer, to get on to the grounds, but I understand that the principle of habeas corpus is indeed a legal remedy against unlawful detention. It is therefore right to say that the European arrest warrant in principle is compliant. I accept entirely, however, that there is dissatisfaction with the warrant’s operation, which is what the Government have asked Sir Scott Baker to look into.

[Lord Morris of Aberavon]

Can the Minister give some indication of how many people have been extradited from this country and to this country in recent years?

Identity Documents Bill

Lord Morris of Aberavon Excerpts

Tuesday 21st December 2010 Lords Chamber

[Lord Howarth of Newport]

My Lords, I agree with the noble Baroness, Lady Hamwee. Before she sits down—

[Lord Morris of Aberavon]

My Lords—

[Earl Attlee]

We should listen to the quick intervention of the noble Lord, Lord Howarth.

[Lord Howarth of Newport]

I agree with the noble Baroness that the constitution issue has to be disentangled from the question of what is immediately to be done about the practical issue—the substance of the policy—in the Government’s rejection of the amendment that was made in this House. I hope that the noble Baroness, Lady Hayman, the Lord Speaker, is already engaged in this matter—I am sure that she is—and that she will wish to hold discussions with the Speaker of the House of Commons about the possibility that the doctrine of financial privilege is being extended in a manner that is dangerous to the interests of this House and the fulfilment of its proper responsibilities.

[Lord Morris of Aberavon]

My Lords, the noble Lord, Lord Pannick, made a powerful case on whether or not a right of property has been established. He made an equally powerful case on the last occasion that we debated the matter. I asked then whether advice had been sought by the Minister, particularly from the law officers, as that would have been helpful. I understood that we might be told before Third Reading that that advice had been sought. In the Bill there is a declaration that the legislation is compatible with the European Convention on Human Rights. Having heard the powerful arguments of the noble Lord, Lord Pannick, is the Minister satisfied that that is the case?

[Lord Phillips of Sudbury]

My name was on the amendment and I have listened carefully to what my noble friend the Minister said in opening the debate. Three issues need clarifying before we can safely push this matter forward. The first has been well aired—namely, whether this is compatible with the European Convention on Human Rights. The noble Baroness will tell us very soon whether she has had clear advice from the law officers that it is compatible. I line up with the noble Lord, Lord Pannick: it is difficult to comprehend that this confiscatory measure can be consistent with the protocol. That is the first issue.

The second issue has also been well aired—my noble friend Lady Hamwee has just referred to it—namely, whether we can at this juncture pick a fight with the Commons on its reasons. I listened carefully to what the noble Lord, Lord Howarth, said and I would be the first to leap on to the barricades if I felt that the privileges of this House were being undermined, but we need clear advice on that. Perhaps the learned Clerk may have something to say. I am very disappointed to see him shake his bewigged head. My own sense, for what it is worth, is that the Commons have a case. The amendment is a specifically money amendment; it specifically commits the Exchequer to compensation at the rate of £30 per ID card surrendered.

--- Later in debate ---

[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.

[Lord Morris of Aberavon]

I have the record of our debate on the previous occasion in Hansard. I asked, and my noble friend Lord Hunt has referred to this:

“On the assumption that no advice has been obtained from the law officers on these matters, would it be prudent before the next stage of the Bill to obtain such advice?”.

The Minister replied:

“My Lords, I will confirm the advice that I have received”.

I asked:

“Is the advice from the law officers?”,

and the Minister replied:

“I am not sure that I can confirm that. I will seek to do so before Third Reading”—

that is, confirmation that advice had been received from the law officers.

[Baroness Neville-Jones]

My Lords, I think the House knows that it is a strong convention that we do not reveal the source of legal advice. I am confirming to the House that we believe that we are acting lawfully.

--- Later in debate ---

[Baroness Neville-Jones]

Because I think it is inappropriate to answer it and I cannot take the matter any further. I am very sorry, but I do not think that I can take this any further. The House has made its point and I have given an answer. The House may not regard this answer as satisfactory.

[Lord Morris of Aberavon]

On the specific point, the noble Baroness said:

“I will seek to do so before Third Reading”.

That was a promise made to the House in the course of the deliberations. Did she seek to do so before today’s proceedings? Has she made any attempt to do so? We know the conventions, which have been broken over the years. One could give a series of examples of the law officers coming to another place to give advice. They can do so, so it is not a convention that cannot be breached at all, but I come back to the simple statement that the noble Baroness made:

“I will seek to do so before Third Reading”.—[Official Report, 17/11/2010; col. 792.]

Did she seek to do so?

Identity Documents Bill

Lord Morris of Aberavon Excerpts

Wednesday 17th November 2010 Lords Chamber

[Baroness Neville-Jones]

As I have just said, we do not believe that we are expropriating anybody of their rights. If this is challenged in the courts we will obviously defend that position.

[Lord Morris of Aberavon]

May I follow that point? The Minister has made the proposition that there is no right in contract by the cardholders and no expropriation. On the assumption that no advice has been obtained from the law officers on these matters, would it be prudent before the next stage of the Bill to obtain such advice?

[Baroness Neville-Jones]

My Lords, I will confirm the advice that I have received.

[Lord Morris of Aberavon]

Is the advice from the law officers?

[Baroness Neville-Jones]

I am not sure that I can confirm that. I will seek to do so before Third Reading.

We should not exaggerate the significance of all this. Much has been made of the elderly and the very young. We have no reliable demographic information at all on who the purchasers were. We know that 3,000 of the 15,000 were given free to airside workers for a particular purpose.

Policing

Lord Morris of Aberavon Excerpts

Monday 26th July 2010 Lords Chamber

[Baroness Neville-Jones]

The noble Lord makes two points, the first about police authorities and the second about the border policing arrangements. As I said at the outset, I do not think that the Government are claiming that police authorities have been a failure in the sense that they have not been able to exercise functions properly. The point that the Government are making is that the authorities are not visible and, in that sense, properly accountable to local people. Only 7 per cent of people know what the authorities do or have ever heard of them. Some authorities, although not all, perhaps do not rate as more than adequate. We are saying that we can do better. The whole drift of the Government’s policies is to return authority to local people and to make those who have considerable control over the condition of their daily lives more directly accountable to them. One of the ways of doing that is to give both power and authority to somebody whose job is, in the end, owed to the people who put him in that position. There is legitimate room for difference in this area and we will certainly want to consult on the functions of the police authorities and the contributions that they have made over time to see whether some of those aspects can be properly incorporated in the role of the police commissioners. However, we are determined to put police commissioners in place.

The other point that the noble Lord raised was about border policing. He asked whether what I had outlined was the last word. I do not think it is but it is certainly what we think it is sensible to do now. If we manage to get an effective strategy in place—one that unites the functions of the border policing command, which brings together several agencies which are separate at the moment—and, in turn, ensure that that strategy also incorporates the role of the UKBA, which will, however, retain its own functions, we will move a good way down the road of creating a single strategy for border policing. This is the first important thing to do. I am sure that, in the process of doing that, we will find that there are further improvements that we can make.

Turning to SOCA, or the functions performed by SOCA at the moment, I do not know what this part of the agency will eventually be called but those functions will also be closely tied into what we need to do at the border. It is very clear that we must be able to police serious organised crime at level 2. There must be good connections between the constabularies and that part of policing at the national level which is responsible for organised crime. However, we must also be able to operate at the border because of its international dimensions. We need a tight strategy which brings all these elements together.

[Lord Morris of Aberavon]

My Lords—

[Lord Shutt of Greetland]

My Lords, I am afraid we are out of time.