Justice and Security Bill [HL]

My Lords, I rise to support this amendment in much the same way as it was presented. In other wor...

My Lords, I have very mixed feelings about this amendment. I said in my speech at Second Reading ...

My Lords, I shall make a couple of topical points in support of the noble Lord, Lord Deben. This ...

My Lords, I say to the noble Lord, Lord Hodgson, that I certainly did not say that I knew all the...

My Lords, there was one thing I forgot to say. It is important to the noble Lord, Lord Hodgson. I...

I think that is too narrow a definition of the Pepper v Hart principle. I seem to recollect that ...

My Lords, the noble Lord, Lord Hodgson, is too modest in proclaiming that this is a simple amendm...

My Lords, Clause 6(2) states:

“The court must, on an application … make such a declaration ...

It would, but the court would be assisted perhaps by an approach in which the Government in advan...

The noble Lord said that the party opposite is not yet convinced of the need for CMPs, and he mad...

My Lords, we are capable of simple arithmetic, and it may be that, in reality, the Government wil...

My Lords, I am grateful to my noble friend Lord Hodgson for bringing forward the amendment. It is...

The noble and learned Lord just said that the special advocates could make representations to the...

I think that my noble friend has an amendment later where we can explore this more fully. It is t...

Can the Minister confirm that the concept of national security under the Bill is deliberately int...

My Lords, for the purpose of closed material proceedings and what we are dealing with here, natio...

I have two points. I do not understand why it is necessary to refer to Article 6 of the conventio...

My Lords, I hope that Clause 11(5)(c) is not troublesome because it is intended to be the opposit...

My Lords, I thank the noble and learned Lord and I apologise for the fact that I missed the openi...

My Lords, I will certainly mull over that point. However, in coming up with any definition, we wo...

My Lords, in supporting the noble and learned Lord’s argument that the definition should not be t...

My Lords, the Green Paper suggested that there might well be the category of the prevention of se...

I particularly had in mind ruling out areas—the noble and learned Lord has already indicated some...

My Lords, I hear what the noble Lord says. I have already tried in response to the debate to indi...

My Lords, I began by saying that I did not believe that this was an open-and-shut case, and so it...

I take it as a compliment. It just sounded as though I had been boasting, and I would not want to...

It certainly was not boasting. It was my remark, not any remark the noble Baroness made to me. I ...

Moved by

Lord Thomas of Gresford

54: After Clause 6, insert the following new Clause—...

My Lords, this amendment is concerned with an anomaly that was revealed in the case of Evans v Mi...

My Lords, would the noble Lord clarify whether the court accepted the argument that it was outsid...

As I understand it, the court did not accept the argument.

My Lords, I am grateful to the noble Lord for a clear explanation of something which, I am afraid...

My Lords, I am grateful to my noble friend for bringing forward this amendment. He rightly points...

I am most grateful to my noble friend for indicating that he will look at these cases. In the lig...

Moved by

Lord Dubs

54A: After Clause 6, insert the following new Clause—

“Indep...

My Lords, let us suppose that we have the first case heard or not heard in public under these new...

I have not had much time to consider this amendment but, on the face of it, it seems attractive. ...

My Lords, very briefly, while the idea of having those who are not the primary judges assisting t...

My Lords, I share the concerns of the noble Lord, Lord Dubs, about the fundamental unfairness of ...

My Lords, I fully understand the concerns that have been expressed by the noble Lord, Lord Dubs, ...

My Lords, the motivations behind this amendment are, I have no doubt, noble, honourable and sensi...

My Lords, in later amendments, we will be considering ways of making what at the moment is an unf...

My Lords, I pay tribute to my noble friend Lord Dubs, who has served with great distinction on th...

There are no county court judges. There have not been any since the Courts Act 1971. They are now...

It is a while since I appeared before any judge whether county court or circuit. I meant the equi...

My Lords, the noble Lord, Lord Beecham, anticipated what the response would be. That said, it is ...

Will my noble and learned friend reassure the Committee that it is not part of the Government’s a...

I hope I indicated that we do not want to create something that is entirely different—some sort o...

I am grateful to the noble and learned Lord for his response, as I am to the noble and learned Lo...

My Lords, these would be civil proceedings, which would be presided over by a single judge in any...

My Lords, that is fair enough but the point of the judicial commissioners would be to help in est...

Moved by

Lord Hodgson of Astley Abbotts

55: Clause 7, page 5, line 28, leave out “is ...

My Lords, in moving Amendment 55 I shall speak also to Amendments 56, 63, 64, 65, 66 and 67. This...

I mention again that I am not a lawyer, but I have the greatest respect for the noble Lord, Lord ...

My Lords, I support two particular aspects of this group of amendments. Following the comments of...

My Lords, my answer to the point made by the noble Baroness, Lady Williams of Crosby, is that reg...

My Lords, it also raises a very interesting question about which all lawyers will be concerned: w...

My Lords, the whole role of the special advocate is inherently unsatisfactory and is an exception...

My Lords, I am concerned that, if the special advocate is made responsible, there is a greater ri...

My Lords, I want to comment on one of the amendments in this group. Looking at the first part of ...

My Lords, I would just point out that Amendment 62, which has not been included with this group o...

My Lords, I had not intended to intervene in this debate, but having heard the noble Lord, Lord P...

My Lords, this is an important group of amendments, as are the amendments to follow which deal wi...

My Lords, this has been a very important debate on the role of the special advocates in the proce...

I wonder whether the noble and learned Lord could deal with this matter by accepting a slight mod...

That is a helpful suggestion. I am always wary of saying that, as it might cast doubt on what has...

I appreciate that there is always the danger of what Lord Wilberforce once described as the “aust...

I would want to reflect on what the “austerity of tabulated legalism” actually means. We have had...

Following on from the point made by my noble friend Lord Lester about the overriding objective to...

The point I was making to my noble friend is that we are dealing with a rare and exceptional circ...

My Lords, this was a menu of issues that I felt we ought to discuss today. I am exceptionally gra...

Moved by

Lord Hodgson of Astley Abbotts

57: Clause 7, page 5, line 31, leave out para...

My Lords, I am afraid that I have another group of amendments. In moving Amendment 57, I will als...

My Lords, I must advise your Lordships that if this amendment is agreed to, I will not be able to...

I speak to Amendment 58 in my name and that of my noble friend Lady Hamwee. Clause 7(1) contains ...

My Lords, I am certainly not the heavy artillery to which the noble Lord, Lord Hodgson, referred,...

My Lords, my name appears on some of these amendments, and I will briefly make a couple of points...

My Lords, I agree with my legal colleagues in this House about the need for gisting as a step tow...

My Lords, perhaps I may take a few moments to make four short points in support of Amendment 62, ...

My Lords, perhaps it is an appropriate moment for someone who is not a lawyer to add a lay man’s ...

My Lords, I should like to follow the noble Lord, Lord Judd, in what one might call a very short ...

I have not been here today as much as I might have been and I am grateful to my noble friend for ...

I am grateful to my noble friend. Nobody knows more directly and more at first hand than he exact...

My Lords, it is a great privilege to follow the noble Baroness and I am sorry to bring an end to ...

My Lords, I will speak briefly in support of Amendment 62. My noble and learned friend the Minist...

My Lords, the noble Baroness, Lady Berridge, has identified and emphasised the crucial nature of ...

Is the noble Lord aware of a case I once did, Tinnelly and McElduff v UK, where there was a concl...

I am grateful to the noble Lord, who brings another example of precisely the same point made in t...

Does the noble Lord think that it is a demonstration of damage being done that the Government hav...

There cannot be two winners in these situations. It is certainly less than satisfactory that a ca...

My Lords, I am grateful both to my noble friends and other noble Lords who brought these amendmen...

My difficulty with my noble and learned friend’s reply is that he keeps saying: “I hope that Memb...

I understand the point being made by my noble friend, but what is in the Bill goes beyond a minis...

The noble and learned Lord in his full reply referred to the special advocates being on board and...

I fully accept—and it was said from this Dispatch Box in earlier debates—that it is very much see...

My Lords, the length of the debate and the breadth and depth of contributions have indicated how ...