Lord Thomas of Gresford: My Lords, it is a pleasure to follow the noble Baroness, Lady Sater, who has drawn upon her extensive experience in the juvenile courts to speak up for those who have turned their lives around. I fully support these two orders, but I cannot give the Government any credit for bringing them forward. My noble friend Lord Marks of Henley-on-Thames has pointed out that the Government are simply...
Lord Thomas of Gresford: Has a certificate such as the noble and learned Lord referred to a moment ago been given in relation to this Bill, suggesting that it does not comply with international obligations? The Prime Minister persuaded the Queen to prorogue Parliament unlawfully a year ago, his chief adviser Cummings unlawfully broke the law on his Barnard Castle jaunt, and now the Prime Minister will ask the Queen...
Lord Thomas of Gresford: My Lords, a week ago I suggested to the noble Lord, Lord Ahmad, that the suspension of extradition arrangements with Hong Kong might cause Britain to become a safe haven for Hong Kong criminals. I am told that extradition requests currently under way involve money laundering and drug offences, but nothing political. What checks for obtaining a visa are envisaged on the criminal records of...
Lord Thomas of Gresford: My Lords, it is a pleasure to follow the indignation expressed by the noble Baroness, Lady Jones of Moulsecoomb. Sir Edward Leigh summed up the Government’s attitude to a Henry VIII clause admirably when he said in the other place, when speaking on the then current European Union (Withdrawal) Bill: “We have heard a lot about Henry VIII. When I was a rebel I used to care about these...
Lord Thomas of Gresford: My Lords, I am disappointed, like the noble Lord, Lord Wigley, that Amendments 290 and 291 have been regrouped with others in this group. I was looking forward to a full delineation by the Minister of the way forward envisaged by the Government in creating some body in which the four nations could thrash out the common framework of a single market for the United Kingdom. As I have said...
Lord Thomas of Gresford: My Lords, I declare an historic interest, having fought a case against extradition from the UK to Hong Kong for four and a half years through 12 separate applications for habeas corpus. A senior Hong Kong solicitor told me today that almost all the extradition proceedings now current are concerned with either money laundering or drugs. Now that we have terminated extradition in both...
Lord Thomas of Gresford: My Lords, Clause 16 allows the Secretary of State, by a negative resolution, to modify existing rural development schemes agreed under the common agricultural policy as to both time and content, and to devise new schemes entirely outside the present parameters. I fail to see any requirement for consultation. Is there any and, if not, why not? Who will represent rural interests in Whitehall...
Lord Thomas of Gresford: My Lords, I thank the Minister for his clear exposition. The Competition Appeals Tribunal may well be more prominent in the near future, for two reasons. First, if we are facing the economic slump that is predicted due to the pandemic, we are likely to see a number of firms go to the wall unless merged with larger organisations. This may well lead to interventions by the Competition and...
Lord Thomas of Gresford: My Lords, I am aware that soundings have been taken as to the introduction of smaller juries in criminal cases. Whether this is to deal with the pandemic or the backlog of trials, or is for the long term, is it not precisely the sort of issue which a royal commission should discuss publicly and openly before a decision is made?
Lord Thomas of Gresford: My Lords, perhaps I may repeat the words of the noble Lord, Lord Holmes of Richmond: technology produces excellence in food production. I support Amendment 35 in particular in this group. I can think of no more important aim for food production than food security. The essential purpose of policy should be to maximise food production in the United Kingdom while at the same time reducing...
Lord Thomas of Gresford: My Lords, I express my support for the campaign of the noble Lord, Lord Hain, but I will not follow him on the particulars that he has just given. The introduction many years ago of video recordings of police interviews was a welcome step forward. There used to be many a wrangle about the validity of the written confession of an accused. I recall a case in Hong Kong, where my client contested...
Lord Thomas of Gresford: My Lords, this is the first time that the Independent Monitoring Authority for the Citizens’ Rights Agreements has peeped over my particular parapet. The Minister may recall that it was in the course of debating a Northern Ireland order with him almost exactly a year ago that I sank back to the Bench and missed the next six months of rather exciting parliamentary activity. I have missed the...
Lord Thomas of Gresford: My Lords, it is a pleasure to follow the noble Baroness, Lady Jones, and I certainly support her in her concern about air quality. Clause 1(3) of the Bill reads as follows: “Financial assistance may only be given in relation to England.” Amendment 66, tabled by the noble Lord, Lord Wigley, to which I have added my name, adds to that, “or to facilitate and implement the development of a...
Lord Thomas of Gresford: My Lords, it is clear that the noble and learned Lord, Lord Mackay, does not like the system of Newton hearings, but the fact that the defendant has refused to disclose is not necessarily part of the offence. The reasons for his refusal to disclose the whereabouts of a body, or the identity of a child involved in indecent images, may not emerge in the course of a trial and may not be...
Lord Thomas of Gresford: My Lords, the issue that my amendments seek to address is to determine how the withholding of information is to be judged a factor mitigating against the release of a prisoner on parole. The Parole Board makes a public protection order and, as the noble and learned Lord the Minister reminded us a moment ago, it must not give a direction for release unless it is satisfied that it is no longer...
Lord Thomas of Gresford: My Lords, first, I wish to associate myself with the expressions of support and sympathy of the noble Baroness, Lady Bull, for those who have campaigned so strongly and so well for the Bill to be brought before the House. It is a very important Bill. Secondly, I support these amendments because the ability of a prisoner to recall what has happened is, of course, paramount and of considerable...
Lord Thomas of Gresford: My Lords, I too am glad to see that Clause 2 and the schedule will go and I fully support the amendments brought forward by the noble and learned Lord, Lord Falconer. Is it the Government’s intention to replace Clause 2 and in particular Schedule 6 when the matter goes to the other place? If so, is it their intention to have criminal offences, which are punishable by imprisonment, by...
Lord Thomas of Gresford: My Lords, I congratulate David Ormerod, parliamentary counsel and the Law Commission for the production of this outstanding work. The heart of it is Part 4, which deals with the exercise of judicial discretion. The noble Lord, Lord Balfe, has reminded me of a particular judge I remember from the good old days, who almost as a matter of principle used to pass sentences beyond the maximum. He...
Lord Thomas of Gresford: My Lords, the Crime Survey for England and Wales 2019 calculated that 7.5% of adults between the ages of 18 and 74 have been subject to sexual abuse before the age of 16. That amounts to 3.1 million people. Applying that statistic to this House would suggest that upward of 50 of your Lordships might have been victims. Does the Minister not agree that the scale and cost of IICSA is entirely...
Lord Thomas of Gresford: My Lords, I support this amendment and I, too, was shocked by the lack of response to the very detailed speech by the noble Lord, Lord Hain, in Committee. It seemed to me that the Minister did not give a proper response to what had been said. I think it underlines the Conservative Party’s problem with devolution: either it does not understand it or, if it does, it does not accept it. To...
