Nazanin Zaghari-Ratcliffe

Lord Pannick Excerpts

Monday 15th November 2021 Lords Chamber

[Noble Lords]

Oh!

[Lord Pannick (CB)]

I am very surprised at the Minister’s answers in relation to the £400 million. Does he accept that an international arbitration tribunal—an independent tribunal—has ruled that this country owes £400 million to the state of Iran? Does he accept that? Does he also accept that it is vital that this country complies with its international obligations to meet international arbitration tribunal reports? Does he also accept that to pay that sum without further delay would be to meet our obligations, and not to pay a ransom?

[Lord Goldsmith of Richmond Park (Con)]

My Lords, no one disputes that there is a historic debt, one which was owed to pre-revolutionary Iran. There is no dispute or debate about that. However, here I am answering a Question about Nazanin, yet the majority of questions relate to that money. The combination of that issue with the issue that we are dealing with—an appallingly tragic human case—is exactly what we should be avoiding. Otherwise, this does become a hostage situation and any payment of any money becomes payment for a hostage. That is not in our international current, medium or long-term interests.

Environment Bill

Lord Pannick Excerpts

Report stage
Wednesday 8th September 2021 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I just want to intervene briefly to stress the importance of Amendment 24 and the associated amendment relating to Northern Ireland.

I recognise that the Minister himself and the Government’s own amendments in part reflect the concern about the independence of the OEP. I welcome in broad terms the letter I received from the Minister although I have to say that yesterday was probably not the best day to receive a letter whose first reassurance was that it was all going to be all right because it is in the Conservative Party manifesto.

However, these reassurances do not go anywhere near as far as the amendment of the noble Lord, Lord Krebs. If the Government do not accept these amendments, there is a much bigger story than one about appointments and guidance. In many ways, the Bill is a great Bill and I thoroughly support the bulk of it. However, if we do not accept the amendment from the noble Lord, Lord Krebs, or if the Minister does not agree to bring forward something very like it at Third Reading, then the credibility of the Bill—all its 145 clauses and 25 schedules—is at stake. Ultimately the effectiveness of all the good parts of the Bill depends on us having an office for environmental protection that is objective and independent and a system of environmental regulation and enforcement that is itself effective and independent.

As the noble Baroness, Lady McIntosh, said, post-Brexit we were promised a system of environmental regulation that would be at least as effective as the past EU regime when we had the Commission checking on the actions of member states and our public bodies. If the office for environmental protection—the body overseeing what is arguably the most important job of the Government: the long-term future of our environment —is not seen as independent, it will not be respected. It will be challenged and much of the good work that is behind this Bill stands to fail.

As I have said, the amendment from the noble Lord, Lord Krebs, is not just about procedural niceties in making appointments. It is about the credibility and effectiveness of everything we are working on in the Bill and in this House. I beg the House to support the amendments from the noble Lord, Lord Krebs, and my noble friend Lady Ritchie.

[Lord Pannick (CB)]

My Lords, I share the view around the House that the noble Lord, Lord Krebs, and the noble Baroness, Lady Ritchie, have made a compelling case for their amendments on a fundamental issue. It would be of enormous assistance if the Minister when he comes to reply would identify which part of Amendment 24 he objects to. Is it really the Government’s case that the OEP should not have

“complete discretion in the carrying out of its functions”?

Is that the Government’s case? I would be surprised and very disappointed if it were. If the Government accept that the OEP should have complete discretion, surely a matter of this importance should be in the Bill.

[The Earl of Caithness (Con)]

My Lords, no Minister likes an authority such as the OEP, because the Minister is undoubtedly convinced that his policy is absolutely right. However, when one stops being a Minister and looks back, one realises the importance of bodies such as the OEP.

I think my concern was summed up beautifully by the noble Lord, Lord Krebs, when he said that this is the one thing we have to get right. We were promised a totally independent body, equivalent to that which operated when we were in the EU. I accept that the Government should not be fined for not doing the right thing, but the OEP not only is—but has to be seen to be—totally independent. The Bill as drafted at the moment does not cover that. I hope that my noble friend will not be intransigent and stand out against this amendment but will go back for one more go with the other people in the department and the Secretary of State, understanding the enormous support there is in this House for the amendment of the noble Lord, Lord Krebs. It would be so much better if the Government solved this problem rather than having a Division. My noble friend was very good to me on my amendment on soil and has made a promise; I hope that he will be able to do the same thing again.

Hong Kong Courts: British Judges

Lord Pannick Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con) [V]]

My noble friend is right to draw attention to this worrying development whereby the Mandatory Provident Fund Schemes Authority will no longer accept BNO passports. It is yet further evidence of the challenges which continue to be experienced in Hong Kong. The Government have acted by providing new immigration routes to BNO holders to the UK. We have suspended the extradition treaty with Hong Kong and put in place an arms embargo. We continue to call out, as we did on 13 March through my right honourable friend the Foreign Secretary, breaches of the joint declaration.

[Lord Pannick (CB)]

My Lords, I last appeared in the Court of Final Appeal in Hong Kong two weeks ago. It was a remote appearance. It was 2 am, but the court seemed to me to be as independent as it has been since 1997. Will the Minister recognise that the judges in Hong Kong are doing everything in their capacity to maintain their independence and that they and the independent Bar in Hong Kong are very keen that the judges of this jurisdiction continue to support them and do not abandon them?

[Lord Ahmad of Wimbledon (Con) [V]]

My Lords, the noble Lord speaks with great insight on this matter, and I agree with him. That is why it is right that the Supreme Court makes a decision, but it is also right that it does so while consulting Her Majesty’s Government. We pride ourselves on the strength of the independence of the judiciary. I hope that the authorities in Hong Kong do the same.

Hong Kong

Lord Pannick Excerpts

Tuesday 2nd June 2020 Lords Chamber

[The Senior Deputy Speaker]

Lord Owen? The noble Lord, Lord Owen, is not there, so I will go to the noble Lord, Lord Pannick, and return to the noble Lord, Lord Owen, when he gets a connection.

[Lord Pannick (CB)]

Does the Minister agree that Hong Kong has the important asset of an independent judiciary, which is admired throughout the world, and that the judges of Hong Kong will inevitably be asked to decide whether the new laws, if implemented by Beijing, are part of Hong Kong law or whether they conflict with the Basic Law of Hong Kong, as many lawyers have suggested? I declare an interest as a regular advocate in the Hong Kong courts on constitutional matters.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord that that is important. The independence of the judiciary in Hong Kong is well recognised. In due course, if China proceeds along these lines, I am sure that the judiciary will give its opinion, but we have deep reservations. If China proceeds with this, it will undermine “one country, two systems”, which is enshrined in Hong Kong’s Basic Law.