Results 1–20 of 328 for speaker:Lord Brown of Eaton-under-Heywood

Human Rights Act 1998 - Motion to Take Note (14 Jul 2022)

Lord Brown of Eaton-under-Heywood: My Lords, some 40 years ago—that is, some 20 years before the 1998 Act—I used to appear for the UK Government in Strasbourg. I regularly—almost invariably—lost their cases. My record there was: played 12, lost 10, drew 1, won 1. That counted as not a bad record in those days. I then spent some 30 years on the Bench, roughly half of it before the 1998 Act came into force in 2000 and...

Bill of Rights - Statement (23 Jun 2022)

Lord Brown of Eaton-under-Heywood: By reference to the question of the noble Lord, Lord Hannan, does the Minister remember a time when, for example, prison staff read all prisoners’ correspondence to stop them petitioning? There were a number of practices with regard to prisoners, but it was only under orders of the Strasbourg court—orders which the Home Office was happy to lose; I was arguing them—that our prison regime...

Standards of Behaviour and Honesty in Political Life - Motion to Take Note (23 Jun 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I join in the tributes to my noble friend Lord Morse. Plainly, the standards of behaviour and honesty in political life bear on the democratic process and a reduction in those standards weakens democracy, because reduced standards lessen public trust and confidence in our rulers and our governing institutions. As a result, people are less willing to participate in the political...

Queen’s Speech - Debate (3rd Day) (12 May 2022)

Lord Brown of Eaton-under-Heywood: My Lords, many speeches have already touched on the promise—or do I mean threat?—of a new human rights Bill. I proposed to focus on just one topic that I fear may feature in such a Bill: the role of a Parole Board. Shortly before we prorogued, the Justice Secretary published a document, Root and Branch Review of the Parole System. I confess to having found that a difficult, not to say...

Nationality and Borders Bill - Commons Reasons: Motion A1 (as an amendment to Motion A) (27 Apr 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I rise, I hope for the last time—a hope which will be shared by every Member of this House—to support this amendment. There are not many issues that it is worth going to the stake for, but surely the rule of law is one. I have spent 60 years of my life on it and do not propose to stop here. I suggest that your Lordships support this too. This Motion as now put fully respects the...

Judicial Review and Courts Bill - Commons Amendment and Reasons: Motion A1 (as an amendment to Motion A) (27 Apr 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I rise diffidently to agree wholeheartedly with the approach of the noble Lord, Lord Anderson, to this legislation. I strongly support Motion A; I cannot, I am afraid, support Motion A1 from the noble Lord, Lord Marks. I suggest that it would in fact compromise and complicate what is a valuable, new, flexible, broad power that gives a judge the ability to make whatever order he or...

Nationality and Borders Bill - Commons Amendments: Motion B1 (as an amendment to Motion B) (26 Apr 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I rise to support Motion B1. “Nothing matters very much, and very little matters at all.” So said Lord Balfour of Balfour Declaration fame a century ago. But Lord Balfour was not then faced, as your Lordships now are, with a Bill which most—if not all—disinterested lawyers recognise that, first, without the amendment now proposed, would breach international law under the...

Nationality and Borders Bill - Commons Amendments: Motion C1 (as an amendment to Motion C) (4 Apr 2022)

Lord Brown of Eaton-under-Heywood: My Lords, my focus in this group will be on Motion C1 of the noble Baroness, Lady Chakrabarti, but I crave your Lordships’ indulgence to make one or two introductory remarks. There could never be a good time for this particular Bill, but we can quite sure that there could hardly be a worse time. Make no mistake: the Bill will affect our standing on the world stage. It seems to me fairly...

Prisons: Death Statistics - Question (30 Mar 2022)

Lord Brown of Eaton-under-Heywood: My Lords, is the Minister as concerned and unsurprised as I am that the highest rate of self-inflicted deaths, and indeed of other instances of self-harm, is among the indeterminate prisoners, the IPPs—higher even than life prisoners and getting higher as the period of their post-tariff detention extends, so that the vast majority have done more than 10 years than their punishment required?

Prisoners: Imprisonment for Public Protection Sentences - Question (8 Mar 2022)

Lord Brown of Eaton-under-Heywood: Responding recently to the Atkin Lecture of the noble and learned Lord, Lord Garnier, on prisons, Mr Raab referred to the growing proportion of unreleased IPP prisoners who had committed “more serious offences”. May he perhaps have overlooked the 570 unreleased IPPs who have served more than 10 years beyond their tariff terms, fewer than 50 of whom had tariff terms of over four years, 200...

Nationality and Borders Bill - Report (2nd Day): Amendment 40 (2 Mar 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I spoke at some length on the legal aspects of this group of clauses in Committee and, having had the advantage of being able to indicate an overall view of them in the newspapers earlier in the week, I really do not want to try the patience of the House, and I certainly do not want to weaken rather than strengthen the number of compelling arguments that have already been heard on...

Nationality and Borders Bill - Report (1st Day): Amendment 25 (28 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I would not want that to be quite the last word. The speech made by my noble friend Lord Kerr was not merely powerful, it was compelling and irrefutable. As a matter of law, I have spoken on this before in Committee. I am not going to repeat all that, but do we really believe that the inhabitants of Blackpool, Doncaster or the deprived towns spoken of by the noble Lord, Lord Horam,...

Nationality and Borders Bill - Report (1st Day): Amendment 24 (28 Feb 2022)

Lord Brown of Eaton-under-Heywood: Before the noble Lord sits down, do I understand that it is the Minister’s intention that, if this Bill is passed in its present form, in future no court shall look behind its provisions and consider what, under the convention and with the advice of UNHCR, its proper application and interpretation are? Is that the Minister’s intention?

Judicial Review and Courts Bill - Committee (1st Day): Amendment 2 (21 Feb 2022)

Lord Brown of Eaton-under-Heywood: I hesitate, my Lords, to speak again. I feel that so much of what has been said has been dancing on the head of a pin. I have to say that I have come to see new subsections (1)(a) and (1)(b) in new Section 29A in Clause 1 not as dramatically different things but rather as a continuum. They cover a spectrum; indeed, there is an overlap in between them, in the middle. There is no question here...

Judicial Review and Courts Bill - Committee (1st Day): Amendment 1 (21 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I feel I have to rise at this juncture. I supported Clause 1 at Second Reading and continue to do so today. Like other noble Lords who have spoken since, the noble Lord, Lord Pannick, I suggest, puts the case against the clause altogether too high. I say that Clause 1 and the powers that it confers on the judiciary valuably would add to the judges’ discretion, their powers to do...

Dissolution and Calling of Parliament Bill - Report: Amendment 2 (9 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I too attempted to darn this Bill in Committee and, indeed, spoke at Second Reading, and I too am opposed to this group of amendments. My core concern here is to safeguard my successors on the Bench and to avoid the risk of constitutional crisis, which would arise were there to be some future attempted legal challenge not as frivolous as that just indicated by the noble Lord, Lord...

Dissolution and Calling of Parliament Bill - Report: Amendment 1 (9 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I oppose this amendment. How beguilingly it is put. What could be more tempting than simply to say, “Vote in favour and all you are doing is giving the House of Commons another opportunity to discuss it”? We really ought to consider whether the case in favour is sufficiently powerful to take that unusual step, tempting as it may be. It is certainly not every day of the week that...

Judicial Review and Courts Bill - Second Reading (7 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I do not and never did take the view expressed by some that the Government in their stated aim of rebalancing the relationship between the Executive and judiciary were intent on a power grab and on destroying the courts’ supervisory jurisdiction. The Faulks review was a model inquiry producing a model report. Frankly, I had little problem with Robert Buckland, the then Lord...

Nationality and Borders Bill - Committee (2nd Day): Amendment 37 (1 Feb 2022)

Lord Brown of Eaton-under-Heywood: My Lords, I speak solely as a lawyer. I did not speak at Second Reading; I would have needed to apologise for and explain that a few years ago. Consistently, we have been permitted to engage at a later stage, and that is no longer so. I confess that I have been working hard to try to catch up with the legal appreciation of the effect of this Bill. I wish to respond to the noble Lords, Lord...

Dissolution and Calling of Parliament Bill - Committee: Amendment 4 (25 Jan 2022)

Lord Brown of Eaton-under-Heywood: My Lords, my core concern regarding this group of amendments is for the future generation of judges—not just in the Supreme Court, but judges who, I suggest, must inevitably be troubled at first instance and so forth before things get to the Supreme Court—if there is there is the slightest glimmer of a prospect of anybody legally challenging any decision with regard to Dissolution. I find...


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