Results 1–20 of 206 for speaker:Lord Donaldson of Lymington

London: Terrorist Attacks (20 Jul 2005)

Lord Donaldson of Lymington: My Lords, I invite the Minister to consider including in the definition of acts preparatory words that one can take from Section 22 of the Theft Act in relation to handling stolen goods, that the offence is only committed if the perpetrator knows or believes that what he or she is doing is an act preparatory to terrorism. I raise that because one the features of the problems that arose on 7...

Address in Reply to Her Majesty's Most Gracious Speech (23 May 2005)

Lord Donaldson of Lymington: My Lords, I want to say a brief word about constitutional matters. It has to be a brief word because the noble and learned Lord the Lord Chancellor has failed to give any indication of the way the Government's mind is moving. I understand that in due course there will be papers on methods of conducting our business and on the composition of the House. That will be the time to discuss in...

Address in Reply to Her Majesty's Most Gracious Speech (23 May 2005)

Lord Donaldson of Lymington: My Lords, I chose my words without due care and attention. I meant that there are more Members of this House taking the Labour Whip than there are taking the Whip of any other party or indeed those of us on these Benches who have the privilege of taking no Whip from any party, which is a freedom that I relish. I still say that the origin of the Salisbury convention was when there was an...

Inquiries Bill [HL] (7 Apr 2005)

Lord Donaldson of Lymington: My Lords, the House will be glad to know that I can express my views rather more succinctly than my noble and learned friend. I turn to the point made by the noble Lord, Lord Kingsland. Throughout the tenure of office of the present Government, there has been a consistent pattern of trying to weaken the independence of the judiciary. The famous ouster clause was the high watermark, but there...

Inquiries Bill [HL] (7 Apr 2005)

Lord Donaldson of Lymington: Leaving that to one side, my Lords, I stress that in relation to judging, judges are totally independent of the Chief Justice or any other judge. Early in my judicial career, I wanted advice from the Chief Justice about a bail case. I went to see him, and he gave me unequivocal advice about whether bail should be granted. The circumstances of the case, when I eventually heard it, were very...

Prevention of Terrorism Bill (8 Mar 2005)

Lord Donaldson of Lymington: My Lords, I fully understand the feelings of the noble Baroness, Lady Hayman, but this is not the natural order of proceedings. That approach is never used in civil work. True, it is the natural progression in criminal work, but in civil work you go to the High Court—or the county court, come to that—and say, "Look, I want a preliminary order because of the urgency. It is purely...

Prevention of Terrorism Bill (8 Mar 2005)

Lord Donaldson of Lymington: My Lords, may I ask a perfectly simple question before the noble Lord replies? I wholly support the idea of the DPP looking at these cases, and, if possible, bringing a criminal prosecution. I am wholly in favour of Amendment No. 12, which provides for that. However, could there be a problem, in an exceptional case, with subsection (1)(c) of the new clause in Amendment No. 9? It requires that...

Prevention of Terrorism Bill (7 Mar 2005)

Lord Donaldson of Lymington: May I take the noble and learned Lord the Lord Chancellor back to the point of judicial control by means of judicial review? I am not boasting, but I have probably presided over a divisional court for longer than anyone in the Committee, because I did it for nine months. It was concerned mostly not with Home Secretaries or central government, but with local government: with problems such as...

Prevention of Terrorism Bill (7 Mar 2005)

Lord Donaldson of Lymington: I strongly support the substitution of "court" for "Secretary of State". Earlier my noble and learned friend Lord Lloyd said that the only two equivalent quia timet preventative orders he had been able to find in civil proceedings were non-molestation orders and ASBOs. While I agree with him that they are many miles away from this, they are in fact a million miles away when we note that those...

Prevention of Terrorism Bill (3 Mar 2005)

Lord Donaldson of Lymington: I thought that the noble and learned Lord had indicated that he was not going to accept my alternative but would give serious consideration to it over the weekend. If the usual channels have agreed that Amendment No. 1 should be voted on today, surely that precludes me saying on Report, "Well, let's get rid of Amendment No. 1. Let's go back to the Bill as it is at the moment, and let me amend...

Prevention of Terrorism Bill (3 Mar 2005)

Lord Donaldson of Lymington: I speak to Amendment No. 6, which is included in the group. The Government have put forward a whole range of amendments, as the noble Baroness, Lady Scotland of Asthal, said in a letter which we have all received. Fourteen of the amendments stem from the Government's decision that these orders shall be made by the judge. If something could be produced which achieves the Government's objective...

Prevention of Terrorism Bill (1 Mar 2005)

Lord Donaldson of Lymington: My Lords, as I see it, the outstanding feature of the Bill, is the extraordinary difference between the way in which derogating orders and non-derogating orders are made and dealt with. Perhaps I may go quickly through that. A derogating order is limited to six months. It is not renewable. The Home Secretary, or whoever, has to start again to produce a new order. A non-derogating order is...

Inquiries Bill [HL] (28 Feb 2005)

Lord Donaldson of Lymington: My Lords, I appear on behalf of the as yet unformed trade union representing chairmen. I have, post-retirement from the Bench, conducted four inquiries for government. Before I became a judge, I served as part of the Crown team in two 1921 Act inquiries. I am absolutely confident that if you had asked the noble and learned chairmen of the two 1921 Act inquiries what it was going to cost, they...

Inquiries Bill [HL] (28 Feb 2005)

Lord Donaldson of Lymington: My Lords, I entirely agree with the noble Viscount, Lord Bledisloe. He is absolutely right. I shall add one thing: in the Arbitration Act 1979, it is provided that a judge can act as a judge-arbitrator, with different systems of appeals as a consequence, but before accepting that appointment, the Lord Chief Justice has to consider whether the ordinary course of business will be held up by not...

Inquiries Bill [HL] (7 Feb 2005)

Lord Donaldson of Lymington: My Lords, I strongly support Amendments Nos. 7 and 8, in particular, proposed by my noble and learned friend Lord Howe. It is a long time ago and he may have forgotten this but, although Lord Denning's report into the Profumo problem was widely acclaimed by the public and was indeed a bestseller, some people said that it might have been rather better if he had had wingmen of one form or...

Inquiries Bill [HL] (7 Feb 2005)

Lord Donaldson of Lymington: My Lords, I do not want to take up much time, but in terms of mothballed or moth-eaten experience, probably I can do better than my noble and learned friend Lord Ackner. I was Crown Counsel, albeit in a very junior capacity, in the bank rate tribunal—I do not have any idea when that took place, except that it was a very long time ago—and the Vassall inquiry. Even if it is right, as has...

"6 District Judges (7 Dec 2004)

Lord Donaldson of Lymington: My Lords, I support both amendments, but only on the assumption which I see being made and which I think is very regrettable, that the Lords of Appeal in Ordinary, the Lord Chief Justice, of course, and possibly the Master of the Rolls should not have a right of direct access to this House. It would be in accordance with modern thought that they should not have a right to vote but, in my...

Constitutional Reform Bill [HL] (7 Dec 2004)

Lord Donaldson of Lymington: My Lords, I wish briefly to raise a question about the statement by the noble and learned Lord that Parliament is always supreme. I would have agreed with him five years ago. However, the ouster clause passed by the Commons in relation to the then asylum Bill caused me to give a great deal of thought to what would have happened if it had become law. It would have excluded the right of the...

Lords Amendment (16 Nov 2004)

Lord Donaldson of Lymington: My Lords, would the Minister consider withdrawing the remark that the Law Society should be called the "Lie Society"? I cannot believe that that is in accordance with the traditions of the House. If I have to declare an interest, I should say that I am an honorary member, but that is beside the point.

Civil Contingencies Bill (16 Nov 2004)

Lord Donaldson of Lymington: My Lords, why is it right to exclude the Human Rights Act but not the Habeas Corpus Act? I suppose that the courts might say that, after such a long time, they do not really derive their powers from the Habeas Corpus Act—it is inherent. But that is a different argument altogether. Certainly the argument put by the noble Lord, Lord Lester, does not run. Even if it is just to comfort me and...


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