Lord Neill of Bladen: My Lords, on behalf of your Lordships' House, I have the pleasure of congratulating the noble Lord, Lord Forsyth of Drumlean, on his maiden speech. I think we have a guarantee of vitality and absence of blandness in his future speeches. Speaking for myself, I look forward to the day when he makes a controversial speech. I notice that listed among the noble Lord's recreations are...
Lord Neill of Bladen: My Lords, I take the House back to the Political Parties, Elections and Referendums Bill. I have an interest to declare in that I had the honour to be the chairman of the Committee on Standards in Public Life which produced the report we are discussing. My interest is to see that a Bill which carries into effect the recommendations of our report goes on to the statute book. It is a little...
Lord Neill of Bladen: My Lords, I begin by declaring an interest. I am the chairman of the Committee on Standards in Public Life whose activities have given rise to this debate. It is a remunerated position on a part-time basis. The remuneration is a matter of public record. I consider the function of my speech to lay certain facts before noble Lords in an objective manner. I wish to stress the history of this...
Lord Neill of Bladen: I am grateful to the noble and learned Lord. I did not understand him to be expressing a criticism. I expressed myself badly if I used words which implied that. In the autumn of 1997, I succeeded the noble and learned Lord, Lord Nolan, as chairman of the committee. On that occasion we were given a remit to look into the funding of political parties. Your Lordships will be aware that a Bill on...
Lord Neill of Bladen: My Lords, I do not want to equivocate on the matter of language. The word that I like is the word in the Motion of the noble and learned Lord, Lord Archer, and in the letter from the noble Baroness, Lady Jay, that this House "welcomes" the inquiry. I do not think that we should be in the position of being invited to do it because I believe we are an independent committee.
Lord Neill of Bladen: My Lords, noble Lords express surprise. They could not have been following the drift of my earlier argument because I stressed that part of the letter of the noble and learned Lord, Lord Nolan, in which he informed the noble Viscount, Lord Cranborne, that an inquiry was going to be conducted. It was not saying, "May we have leave to do so?" I think that it would be a completely false position...
Lord Neill of Bladen: My Lords, will the noble Lord give way? It is a matter for the party leaders. To clarify the point, the three political appointments--Conservative, Liberal Democrat and Labour--are nominated by the parties.
Lord Neill of Bladen: My Lords, would the noble Lord be good enough to give way? I made it very clear that I wanted her advice on how, most courteously, we could inform the House to proceed. I did say that the committee had reached a decision.
Lord Neill of Bladen: I had not intended to speak this afternoon. I should like to make it clear that as the chairman of the committee which produced the report, it did not seem appropriate for me to comment on whether the Bill has the matter right or wrong. I do not want to play that part. But I understood the noble Viscount, Lord Cranborne, to be inviting me to speak about the role given to the electoral...
Lord Neill of Bladen: My Lords, I support the amendment. I declare an interest as chairman of the Committee on Standards in Public Life, which produced the report underlying this legislation. At Second Reading I made the point I am now about to make. Apart from one other intervention, I have kept out of the debate on the Bill because I believe it to be a matter for your Lordships. The views of the committee have...
Lord Neill of Bladen: I speak as a former chairman of the Committee on Standards in Public Life--I demitted office at the end of February this year. The report that led to the Williams report was produced during my term in office. Perhaps I may say that I very much welcome the debate taking place today. I welcome, too, the code being put forward by the noble and learned Lord, Lord Williams, and the bound red...
Lord Neill of Bladen: Although I cannot speak for the committee, it would be my view that a matter should be dealt with in private, unless there is a hearing where the defendant may want the advantage of publicity. My own personal opinion is that matters should be dealt with in private. Many points of detail cannot be dealt with today. However, perhaps I may deal with one point that is not covered by what is...
Lord Neill of Bladen: My Lords, will the Minister confirm that when the detailed legislative measures are tabled, consideration will be given to some of the devices used by criminals operating on the international scene? They do not conveniently have bank accounts in the names of terrorists. Corporations are widely used. There are two well known methods of concealment: first, nominee shareholdings, which make it...
Lord Neill of Bladen: My Lords, perhaps I may take advantage of the gap to make a few brief observations on three topics. The first two relate to Parts 12 and 13, and I want to add my voice to those of others who have said that these provisions should find no place in the Bill. Perhaps I may address Part 12 first, dealing with corruption and the bribery of foreign officials. Anyone who knows about the criminal law...
Lord Neill of Bladen: My Lords, I say no more.
Lord Neill of Bladen: Perhaps the noble and learned Lord could deal with a difficulty. We are continuing a dialogue that began on Monday night. I have what is really a probing question about the special advocate. In the ordinary way, an advocate, in making a submission or representation, is acting on instructions from a client. The special advocate will, as I understand it, not be in that position. He will be...
Lord Neill of Bladen: I should like to intervene on a minor point. The noble and learned Lord the Attorney-General is usually so accurate in all his statements that when he makes a not entirely accurate comment I venture to point it out. I think he said that there was a distinction between the Anisminit case and this one, in that it referred to the decision of a Minister not being called into question. On the...
Lord Neill of Bladen: In his review of the history of natural justice the noble Earl appears to have overlooked the 16th century case where natural justice was traced back to the Book of Genesis, because God, before expelling Adam and Eve from the Garden of Eden, gave them both an opportunity to respond to the charge; none was granted to the serpent.
Lord Neill of Bladen: My Lords, I should like to follow up the remarks of the noble and learned Lord, Lord Mackay, by drawing attention to Amendment No. 92A, which states: XThe Attorney General may issue guidance as to conduct in respect of which he will not institute proceedings for an offence . . . or consent to the institution of such proceedings, on the grounds that the conduct consists of the legitimate...
Lord Neill of Bladen: My Lords, I understand that the noble Earl, Lord Howe, raised a concern which I hope the Minister will address. The thrust of the argument seemed to be that a category of chiropodists, for example, would have to acquire a professional qualification over a set period to be able to go on the register, but the timing was such that they could not acquire that within the time limits imposed by the...
