Results 101–120 of 273 for speaker:Lord Brennan

Mental Capacity Bill (10 Jan 2005)

Lord Brennan: My Lords, this Bill has considerable moral and social implications, which when taken together make the consideration of its terms particularly onerous for this Chamber. When considering a Bill dealing with mental incapacity, whether one is against it or in favour of it, it is extremely important to note that it is designed to provide a system of care for people who do not have capacity for...

Constitutional Reform Bill [HL] (20 Dec 2004)

Lord Brennan: My Lords—

Constitutional Reform Bill [HL] (14 Dec 2004)

Lord Brennan: My Lords, I raised some practical questions about fees at the Second Reading of the Bill. At the moment, a legally-aided petitioner to the House of Lords is unlikely to have to pay a fee. I assume that there are special arrangements for conditional fee agreements. When I last looked at this issue three or four years ago the fee for a private litigant to pursue a petition was quite...

Constitutional Reform Bill [HL] (14 Dec 2004)

Lord Brennan: My Lords, I asked about tax appeals and appeals which have large financial benefits.

Constitutional Reform Bill [HL] (7 Dec 2004)

Lord Brennan: My Lords, today's debate has been notable for the contribution of the noble and learned Lord the Lord Chief Justice. If intelligence, objectivity and wisdom are the marks of a good judge, he has them all. The manner in which he addressed this House about matters as fundamental as the independence of the judiciary surely reassures us all that we have an independent judiciary, and we should be...

Hunting Bill (12 Oct 2004)

Lord Brennan: My Lords, it was a pleasure for me to hear the maiden speech of the noble Baroness, Lady Morris of Bolton, who is an old family friend. Her virtues, goodness and oratory will benefit the House in the years to come. There should be a debating principle in this Chamber that states, "Everything has been said on this subject but not yet by me". I propose to take a different tack. There comes a...

Constitutional Reform Bill [HL] (11 Oct 2004)

Lord Brennan: The brevity of my intervention should not be regarded as a measure of my enthusiasm for a Supreme Court. My first point is a practical one. On Second Reading we had little opportunity fully to debate each of the three major components that the measure embraces: the judicial appointments process; the role of the Lord Chancellor; and the creation of a Supreme Court. If there is a vote on the...

Constitutional Reform Bill [HL] (11 Oct 2004)

Lord Brennan: If I gave the impression of suggesting a Supreme Court different from what we have now, I did not intend that. I meant Members of the Committee to consider that if we create a Supreme Court which is separate from this institution, its constitutional position needs to be assessed even though it performs the same function. It will have a public identity. Its role must be explained. The...

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: If we look at Clause 1 in its entirety, subsection (1) is the exposition of the guarantee referred to in the rubric to this clause. Subsection (4) can only have sense if it refers to the circumstances in which that guarantee will be honoured. It seems to me that whether we use the words "have regard to", "respect" or "take all reasonable steps to ensure", or whatever, Clause 1 is almost...

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: That was my intent. Perhaps my noble and learned friend can clarify a point that arose in debate last night and he mentioned several times in his closing remarks on this amendment. Do I understand him to be saying that the Government read Clause 1(1) as meaning that every Minister of the Crown owes the duty to support this guarantee whether or not that Minister is involved in matters relating...

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: I am grateful.

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: Those of us who did not serve on the Select Committee have not suffered the contagion of constitutional enthusiasm, which some of its members are displaying in this debate. This is a chapter dealing with the judiciary, a chapter on constitution. Inevitably there is a desire on the part of a convinced democrat and constitutionally minded person to seek to use such legislation as a vehicle for...

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: I shall rarely have the opportunity of watching my noble and learned friend the Lord Chancellor leap to my defence, and I am grateful to him for that. But I am able to deal with the point put by the noble and learned Lord, Lord Lloyd, in one particular way. Whatever took place in the Select Committee, and on my reading of the evidence before the Committee, the fact is that these concepts have...

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: No, I was saying that this particular Bill is limited in scope which has been reasonably investigated. To extend it beyond its present scope should not take place without the kind of debate outlined by the noble Earl.

Constitutional Reform Bill [HL] (14 Jul 2004)

Lord Brennan: I had already resumed my seat and I shall remain in my place.

Constitutional Reform Bill [HL] (13 Jul 2004)

Lord Brennan: I am about to give some advice to my noble friend the Minister which is gratuitous and, therefore, all the more likely to be objective: he should approach this question with extreme caution. The Bill is about the independence, structure and administration of the judiciary. In any written constitution, that would be a discrete chapter. Although I commend the sentiment that the rule of law...

Constitutional Reform Bill [HL] (13 Jul 2004)

Lord Brennan: The Bill provides a new and fundamentally different framework for the constitutional position of our judiciary that does not involve a Lord Chancellor. Those who propose these amendments assert that the role of Lord Chancellor should continue, and they essentially rely on its antiquity and the supposed scope of its functions to justify its retention. They particularly rely, as did the noble...

Constitutional Reform Bill [HL] (13 Jul 2004)

Lord Brennan: I thank the noble and learned Lord for reminding me of that fact, but I should like to concentrate, before I return to answer that point, on the question of what the Lord Chief Justice is to do. The new role appears to be little understood. It is assumed that the Lord Chancellor is the only person who can represent the judiciary. The Bill says different. The Lord Chief Justice, as well as the...

Constitutional Reform Bill [HL] (13 Jul 2004)

Lord Brennan: It is embarrassing to remind ourselves that in 2002, we in Parliament enacted a guarantee similar to this to protect the judges of Northern Ireland. Did we then, in doing so, consider that it was of no effect, that it was a gloss? Of course we did not. We wrote it then as we write it now in the Bill—as a constitutional provision. We may be little accustomed to dealing with written...

Constitutional Reform Bill [HL] (13 Jul 2004)

Lord Brennan: That is a matter for our own consciences. How effective were we when we debated the ouster clause in the Asylum and Immigration (Treatment of Claimants, etc.) Bill? It was changed. It was far more important that that happened than that we did not debate adequately or fully at the time the provenance of these changes. I want to finish. Having discussed how this guarantee can be honoured, the...


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