My Lords, I do not want to detain the House. I am one of those who has been anxious about designation without involving the judiciary. I am very grateful for Amendment 7 in the names of the noble and learned Lord, Lord Davidson, and the noble Lord, Lord Davies, because, as a probing amendment, it has produced from the Minister a statement on the context in which these decisions are taken. I know that it will be in Hansard, but can a copy of what he has said to us about the Treasury taking these decisions and the responsibilities it takes be put in the Library? People could then look at that and refer to it. I am one of those who now thinks it is right that the Executive should take the decisions and the judges should then look at them. Therefore, I welcome Amendment 57, because the matter has been made clearer by the wonderful probing amendment. Without it, I was still living in a fog.
Perhaps I may end on why this clause should be part of the Bill. On page 10 of his wonderful book, The Rule of Law, the noble and learned Lord, Lord Bingham, quotes Magna Carta. I love his translation, because the old language is pretty difficult. He refers to the terms of chapters 39 and 40, which state: "““No free man shall be seized or imprisoned or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land””."
If the law of the land does it, that part of Magna Carta is right. It continues: "““To no one will we sell, to no one deny or delay right or justice””."
I thought that I heard the Minister tell us what the Treasury does. I am comforted and I should like that description to be placed in the Library.
Terrorist Asset-Freezing etc. Bill [HL]
Proceeding contribution from
Lord Sentamu
(Bishops (affiliation))
in the House of Lords on Wednesday, 6 October 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Terrorist Asset-Freezing etc. Bill [HL].
Type
Proceeding contribution
Reference
721 c159-60 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 18:26:02 +0000
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