Criminal Justice and Courts Bill

My Lords, I have indicated my opposition to Clauses 65 and 66 standing part of the Bill and I agr...

My Lords, first, I apologise to the House that I was a little late in arriving; I was giving evid...

My Lords, I said a great deal of what I intended to say on Clause 65 when I spoke to the amendmen...

My Lords, I want to ask a question which was touched on by my noble friend Lord Beecham, by the n...

My Lords, the noble Baroness asks some pertinent and important questions. I had not intended to c...

My Lords, I agreed with the very eloquent plea on behalf of the system of judicial review in a co...

Later.

In that case I look forward to addressing the Committee on that matter later.

My Lords, I add my name to those who have raised the objections to these clauses. The noble Lord,...

In the circumstances, I am following what the noble and learned Lord is saying particularly close...

I am grateful for that intervention, which in fact underlines the point. The fact is that it is i...

My Lords, I am delighted to hear from the noble and learned Lord, Lord Woolf, with all his experi...

My Lords, this has been a very helpful and well informed debate on the clauses dealing with the p...

Is the Minister saying that the powers the court has now would not have enabled it to obtain info...

These clauses will require the court to go through the processes described in them. It is true th...

Could an application not have been made by the Crown saying it was seeking orders for costs and a...

The problem was that there was nobody to enforce an order for costs against, effectively. That wa...

I am sorry to take up the Committee’s time, but I am not sure that the Minister has answered the ...

The court certainly has power to make orders against non-parties in appropriate circumstances und...

I really must press the Minister. I know he will forgive me rising again. If we do not want to in...

In many cases, this will be a fairly straightforward procedure, whereas in the Richard III case i...

Can we just establish the facts in relation to the Richard III case? We know that it would have b...

I am not aware that they did. Rather than take up more time discussing the particular facts of th...

Presumably my noble friend would concede that the claimant who fills out the form is only going g...

Quite so, but I thought that the inference was that some full disclosure of all financial circums...

I am sorry once again to interrupt the Minister in his closing address, but does he agree that it...

The answer, I think, to the noble and learned Lord’s question is that Clause 65(1)(b) states that...

I am grateful to the Minister for giving way. I was taken by a remark he made a few moments ago. ...

No, I do not think that the noble and learned Lord was here at the beginning of the debate, but I...

The Minister said two things, if I heard him right. One was that the intent of these clauses is n...

I cannot add much to what I have already said. For the first time, in statute—if this clause beco...

The Minister has battled with arguments from around the House with as much valour as Richard III ...

I am hesitant to interrupt the noble Lord, but since he is coming on to deal with Richard III, an...

I repeat that I think there is a potential issue with shell companies. How many other cases of th...

The noble Lord asked whether the examples I gave were both real. One, which I have dealt with in ...

Of course the noble and learned Lord is right. I should simply have referred the Islington matter...

Moved by

Lord Pannick

74: Clause 67, page 67, line 25, leave out subsections (2) to (...

My Lords, Amendment 74—indeed, all the amendments in this group—concern the costs of interveners ...

I have to inform the Committee that if Amendment 74 is agreed I cannot call Amendments 74A to 74L...

My Lords, I support the amendment. I notice that the Minister has invoked the senior judiciary in...

My Lords, I wish to speak in support of all the amendments in this group and, in particular, Amen...

My Lords, I rise with an appeal to my noble friend the Minister, whom I know to be a very good la...

My Lords, it is a known principle of the law that first-hand evidence is better than second-hand....

My Lords, I support the amendment and I also believe that the clause should not stand part of the...

My Lords, as the noble Lord, Lord Pannick, pointed out, Clause 67 proposes, first, that an interv...

My Lords, I was hesitant to add to this debate by yet another intervention, but perhaps I may dra...

I utterly support everything that has been said in opposition to this clause but I want to deal w...

My Lords, I endorse, from the point of view of England and Wales, what my noble and learned frien...

My Lords, so far all noble Lords have spoken in the one sense in relation to this clause. Obvious...

I am sure that when it comes to interventions, the Minister is extremely grateful to the noble an...

My Lords, I am afraid that I am unable to resist thanking all noble Lords for their interventions...

My Lords, who is to decide whether a habitual intervener should be allowed to intervene? What is ...

I was coming to that very point. Interventions can prove difficult for the courts to control. The...

The Minister will accept, I hope, that courts regularly impose terms on interveners. The court sa...

Those are familiar orders. They are not always adhered to or always made, but I entirely accept t...

Can the Minister address the following concern? A distinction has been made between those who vol...

My Lords, I asked a number of practical questions that had been put by Justice. I want to save th...

Clause 67 has created a particular type of party, namely a “relevant party”. The relevant party i...

I shall deal with those interventions in reverse order, I am very grateful for what the noble and...

I thank noble Lords who have contributed to this exceptionally informed debate, including the Min...

Moved by

Lord Pannick

75: Clause 68, page 68, line 16, leave out subsection (3)

My Lords, this group of amendments is concerned with Clause 68, on costs capping orders—or protec...

My Lords, I wonder whether I might invite the noble Lord to say what the present rules are and wh...

The present powers are that the court has a general discretion to decide at the beginning of the ...

Is the noble Lord able to say when that power was introduced? I am trying to work from my memory,...

My understanding—I will be corrected by others if I am wrong—is that the court created such a pow...

Since we are in Committee, perhaps I can try to assist the Committee.

The power derives fro...

On Clause 68, there is only one amendment in my name, Amendment 75F, which removes subsections (6...

My Lords, I also wish to speak—[Interruption.]. Sorry, I did not intend to knock over the microph...

I oppose Clause 68 standing part of the Bill. The Joint Committee on Human Rights welcomed many a...

My Lords, I intervene very briefly, again as one who has been judicially reviewed—indeed, as one ...

My Lords, in my view there is a lot of mischief in this clause and the best solution would certai...

This costs capping provision was brought in because the nature of current litigation means that t...

I too feel very concerned about this capping of costs. I see it as being part of a pattern of see...

My Lords, it might be convenient to consider this group and the following group as one. The noble...

My Lords, this has been a useful debate and we have, by agreement, covered two groups. I will the...

The Minister mentioned the interests of the taxpayer. Can he assist the Committee on how many cos...

The noble Lord mentioned a figure of 30 such cases. I do not have any precise figures.

I mentioned 20 cases, which covered all the environmental claims. I think that there have been on...

I do not have any more authoritative figures. I will certainly write to the Committee before Repo...

The noble Lord has just read out the criteria for making a costs capping order in subsection (6)....

As the noble Lord would expect, I am coming on to consider the Henry VIII clause, so perhaps he w...

Before moving to the next clause, I wonder whether the Minister would be kind enough to address t...

Those are precisely the circumstances in which we think the matter is best left to the judges. In...

I thank the Minister. He has responded fully. The way in which he has presented the Government’s ...

Moved by

Lord Marks of Henley-on-Thames

81A: Clause 69, page 70, line 14, at end inse...

My Lords, this group of amendments concerns environmental judicial review cases and relates princ...

My Lords, I will compensate for the length of time that the noble Lord took—quite rightly—in movi...

My Lords, I am grateful to both noble Lords—my noble friend Lord Marks and the noble Lord, Lord B...

My Lords, I am bound to say that I am not greatly surprised by my noble friend’s declining to ame...

Moved by

Lord Pannick

82: After Clause 70, insert the following new Clause—

“Le...

My Lords, Amendment 82 would introduce a new clause to prevent the Lord Chancellor from using the...

My Lords, I have added my name in support of the amendment that the noble Lord, Lord Pannick, has...

My Lords, I speak in support of all the amendments in this group, and in particular Amendments 82...

My Lords, it is always a privilege to follow the noble Baroness, the campaigner on such matters. ...

My Lords, I spoke earlier this year—I think it was in May—in the debate on the Motion proposed by...

My Lords, we have had many debates in the four years during which I have been privileged to be a ...

Shame.

But I wish it had.

To this characteristic blast on the political dog whistle, Sir Alan resp...

My Lords, Amendments 82 and 85 concern legal aid for judicial review and seek to prevent the Gove...

It was not that he was alleged to have made them. He wrote an article in his own name in the Tele...

My legal caution found me using the expression “alleged”.

Perhaps the noble Lord will pass the legal caution on to the Lord Chancellor.

I am grateful for that contribution.

The Lord Chancellor made in the Daily Telegraph variou...

I am grateful to the Minister. I would be happy to provide him with a copy of Mr Grayling’s inter...

Moved by

Lord Woolf

83: Clause 73, page 71, line 29, leave out “supplementary,”

I hope to be very brief in my submission in support of the amendments which relate to the consequ...

My Lords, as the House may be aware, I am always unhappy if we have debates that become either a ...

My Lords, I added my name to the amendment in the name of the noble and learned Lord, Lord Woolf....

My Lords, when one gets to the final provisions in a Bill whose Committee stage has lasted for fi...

Is the Minister really saying that such examples would not fall within the concepts of “consequen...

I am not saying that they would not. This form of words is sufficiently wide, including the vario...

My noble friend, rightly, points to the fact that similar, or the same, wording has been used in ...

As a lawyer, I have a particular regard for precedent. The fact that the word “supplementary” has...

I am grateful to the Minister for responding with such care and elegance to the speeches that hav...

Moved by

Lord Faulks

84A: Clause 75, page 72, line 11, leave out “subsection (2)” and...

Moved by

Lord Faulks

86: Clause 76, page 72, line 23, leave out subsection (2)

...

Moved by

Lord Faulks

88:In the Title, line 5, after “drivers;” insert “to amend the o...