Lord Carlile of Berriew: My Lords, I also rise to speak particularly about Amendment 292D. I support the noble Lord, Lord Bach, with all his experience of being an excellent police and crime commissioner. There are many other examples. The noble Lord gave two. I shall just give one. A 59 year-old senior civil servant who worked for the Ministry of Justice in a responsible position connected with the criminal justice...
Lord Carlile of Berriew: An interesting criminal law debate is developing and I cannot resist joining in. I very respectfully suggest to the Minister that this is a situation in which the use of examples, if they are worked up, is very important and would be extremely useful. My view is that she is right about some of this but possibly not all of it, and that the noble Lord, Lord Paddick, is possibly right about...
Lord Carlile of Berriew: My Lords, I too commend the work of the first responders and others who did so much at the scene. It now transpires that the perpetrator was finally refused asylum in 2017, and that was the last time his case appeared before a court. Why did the Home Office not remove him from the United Kingdom between 2017 and 2021? Is it not outrageous that the Home Secretary is trying to blame anyone but...
Lord Carlile of Berriew: My Lords, it is a pleasure to follow the noble Lord, Lord German. I know that he has an immense amount of experience in matters around education, from both his personal experience of teaching in earlier decades and his work in the Welsh Assembly Government. I probably support his amendment, but I am much less interested in the amendments here than in achieving a shared purpose, which is that...
Lord Carlile of Berriew: Surely the noble and learned Lord is not saying that the public aspect of this, which he describes rightly, must be dealt with by a criminal trial. Numerous other mechanisms can be used. An inquiry, for example, can ventilate all the public factors that need to be discussed without the artifices of a criminal trial for 10 year-olds.
Lord Carlile of Berriew: My Lords, I apologise to the noble Baroness who has just spoken. It is a pleasure, on this occasion at least, to follow her. I do not necessarily agree with some of the language she used. I do not feel a sense of outrage about this issue. I feel shame and sadness and I agree strongly with the speech of my noble and learned friend Lady Butler-Sloss, and other noble Lords who have spoken on...
Lord Carlile of Berriew: My Lords—
Lord Carlile of Berriew: My Lords, does the Minister agree that one of the ambitions of this country is that Iran should adhere to the rule of law? If so, should we not be adhering to the rule of law—and, therefore, will he now give us a very clear “yes” or “no” reply to my noble and learned friend Lord Judge’s very straightforward question, which he has yet to answer?
Lord Carlile of Berriew: My Lords, I am very grateful to those who have intervened in this debate. I pay particular tribute to the noble Lord, Lord German, who has had the courage to climb on to the head of the pin occupied by a number of broad-shouldered and big-elbowed lawyers. He made some very good points in doing so, particularly his straightforward point about the gatekeeping role that we say in this amendment...
Lord Carlile of Berriew: My Lords, this amendment stands in my name and the names of other noble Lords. In one way, this amendment is modest, although I regret that it is not modest in length. Indeed, I think it is the longest amendment on the current Marshalled List, winning that dubious honour, by only a short head, over Amendment 259C tabled by the noble Lord, Lord Marks of Henley-on-Thames. Our amendment leaves...
Lord Carlile of Berriew: My Lords, I support the noble Lord’s amendment. If I may, I will elasticate the rules of order slightly by referring to some other issues relating to the spending of cautions and of convictions. In 2013 and 2014, an ad hoc committee of Members of this House and of the other place reported, sponsored by the National Children’s Bureau and the Michael Sieff Foundation, on the youth courts. I...
Lord Carlile of Berriew: I hope I can be forgiven for intervening slightly out of order. I have been thinking as I listen to this debate about the very troubling case which the noble Lord, Lord Brooke of Alverthorpe, raised, but I am not sure that what he is looking for is germane to this clause. However, there is an issue of general principle about unrecovered, uninsured losses arising from a serious crime of...
Lord Carlile of Berriew: My Lords, it is a genuine privilege to follow that eloquent introduction to this group of amendments by the noble Baroness, Lady Chakrabarti. I make it absolutely clear from the outset that, for me, this is no competition between amendments: we are absolutely on the same page, in the same chapter and in the same book. In my view, it would be inexcusable for any Minister to reject these...
Lord Carlile of Berriew: My Lords, I agree entirely with my noble and learned friend who has just spoken that there is a principle here that needs to be considered rather than the granularity of these amendments. Indeed, I would say to the noble Viscount that, although we should try to achieve the protection of all people who are vulnerable, you cannot do everything at once. It is the whole of the life of the child...
Lord Carlile of Berriew: I do not object to that burden on the courts, but I am surprised that it has to be placed upon the court. My view is that that sort of report should be part of the process when a young mother, for example, appears before the court. Mechanisms already exist that can ensure that such information is given. I am saying that we can achieve the same purpose more simply—for example, by the use of...
Lord Carlile of Berriew: I realised when I started on this that there were one or two noble Lords around the House—I saw one agreeing with me, I think—who are, or have been, police and crime commissioners, who might disagree. I respect the noble Lord enormously, as he knows, but I say to him that the experience in Scotland was not good to begin with but is much, much better now. I will cite just one piece of...
Lord Carlile of Berriew: My Lords, I have already made a comment about serious sexual offences but there is something else that I want to raise, into which I have been provoked by my noble friend Lord Hogan-Howe. The point I want to make is about consistency. I do not agree with my noble friend that we should have a single national police force, but I do believe that 43 territorial police forces is a real recipe for...
Lord Carlile of Berriew: I am grateful to the noble Baroness. Does she agree that the passing of her amendment, or something like it, would send out a clear message to the Crown Prosecution Service that its policy change-based failure to prosecute significant numbers of rape offences and other serious sexual offences should be reviewed as soon as possible?
Lord Carlile of Berriew: My Lords, I support the amendments introduced so ably by the noble Lord, Lord Young, and the noble Baroness, Lady Blake. This has been an example of how good this House is at certain things, with two noble Lords with huge experience in the policy area under consideration—and I understand, in the noble Baroness’s case, a deep understanding of the housing situation in one of our major...
Lord Carlile of Berriew: My Lords, I hesitate to be disorderly, but I was asked a direct question by the noble Baroness opposite. I think in fact it has been pretty fully answered by my noble friend Lord Patel, but the noble Baroness phrased her question in the language of judicial review, and I would just point out to her that in the real world the possibility of the judicial review of a single medical practitioner...
