Results 1–20 of 525 for speaker:Lord Marks of Henley-on-Thames

Private International Law (Implementation of Agreements) Bill [HL] - Commons Amendments: Amendment 1C (as an amendment to Amendment 1A) (19 Nov 2020)

Lord Marks of Henley-on-Thames: My Lords, I add my welcome of the noble and learned Lord, Lord Stewart of Dirleton, to his place in taking over this technical but difficult Bill, one that raises issues of principle. I welcome the government amendments, which have the power to act as safeguards on the power reinserted into the Bill by the Commons amendments. I agree with the summary by the noble Lord, Lord Pannick, of the...

Royal Commission on Criminal Justice - Question (9 Nov 2020)

Lord Marks of Henley-on-Thames: My Lords, members of BAME communities are currently treated disproportionately at every stage of our criminal justice process—stop and search, arrest, charging decisions, trial and sentence. In appointing the chair and considering the commission’s membership and its terms of reference, will the Government ensure that we have a commission that is utterly dedicated to tackling all these...

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 - Motion for an humble Address (23 Sep 2020)

Lord Marks of Henley-on-Thames: My Lords, I thank my noble friend Lady Grender for bringing this Motion to Annul, and I also thank the noble Lord, Lord Ponsonby, for his Motion to Regret. However, my noble friend is right that the Motion to Regret will achieve no practical result, so the only way to protect the 50,000-odd households faced with eviction notices served between March and August is to annul this SI. It is...

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020 - Motion to Approve (10 Sep 2020)

Lord Marks of Henley-on-Thames: My Lords, we welcome these orders and the comprehensive way in which the noble and learned Lord has opened this debate. As we have heard, the order under the Police Act changes the arrangements for disclosure by the Disclosure and Barring Service. The first change removes youth cautions and reprimands and warnings given to persons under 18 from the disclosure requirement. This is obviously...

Rule of Law - Private Notice Question (10 Sep 2020)

Lord Marks of Henley-on-Thames: My Lords, the Government have used terms such as “clarification” and “safety net” in describing the Bill. It is nothing of the sort; it is a direct abrogation of the withdrawal agreement. This is an issue about national integrity and the rule of law, as Sir Jonathan Jones recognised in resigning as Treasury Solicitor. I ask the noble and learned Lord how he would describe a barrister...

Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020 - Motion to Approve (15 Jul 2020)

Lord Marks of Henley-on-Thames: My Lords, I welcome this order as a way of ensuring that proceedings of the CAT continue to be in public given that the usual public access is constrained by the Covid-19 crisis. As the Minister has explained, the provisions of the Coronavirus Act provided for broadcasting of a wide variety of court and tribunal proceedings, which has arguably been successful. This SI rightly addresses the...

Private International Law (Implementation of Agreements) Bill [HL] - Third Reading: Amendment 1 (29 Jun 2020)

Lord Marks of Henley-on-Thames: I welcome these sensible amendments which tidy up the Bill, but I also welcome them for an important reason, which is that in removing Clause 2 this House made an important constitutional decision. I welcome the thrust of much of what the noble and learned Lord, Lord Garnier, said. However, I doubt that we need a thoroughgoing review of delegated legislation or the powers to delegate...

Private International Law (Implementation of Agreements) Bill [HL] - Report: Amendment 11 (17 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I have nothing to add to what was said by my noble friend Lord Thomas of Gresford on this amendment, which we support.

Private International Law (Implementation of Agreements) Bill [HL] - Report: Amendment 10 (17 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I addressed this issue in the group on the removal of Clause 2. I agree with everything that has been said so far in the debate on this amendment, which I support. Once again, we have unanimity. Although it might not be directly relevant in the light of the removal of Clause 2, I note the points made by the noble and learned Lord, Lord Mance, as to what will happen should Clause 2...

Private International Law (Implementation of Agreements) Bill [HL] - Report: Amendment 4 (17 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I will add only this: I urge the Minister to heed what the noble and learned Lord, Lord Mance, has just said in looking at ways in which we can give further protection to choice of court clauses—those that favour London are to our greatest advantage—and that he does so as far as possible after the implementation period ends.

Private International Law (Implementation of Agreements) Bill [HL] - Report: Amendment 2 (17 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I have added my name to this amendment, which I support wholeheartedly. I will be relatively brief because I set out my reasons at some length in Committee, and because the noble and learned Lord, Lord Falconer of Thoroton, and all other noble Lords and noble and learned Lords who have spoken have argued the case so persuasively. To give private international law treaties the force...

Private International Law (Implementation of Agreements) Bill [HL] - Report: Amendment 1 (17 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I fully support the amendment moved by my noble and learned friend Lord Wallace of Tankerness. It is plainly an anomaly that the 2000 Hague Convention does not at this stage apply throughout the United Kingdom. The inclusion of the convention in Clause 1 will achieve this. I hope that the Government will accept the amendment to achieve the end that my noble and learned friend seeks.

Probation Services - Statement (15 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, we, too, welcome the thrust of the Government’s change of direction in abandoning the failed community rehabilitation companies and moving back towards provision by a National Probation Service. I am grateful to the Minister for writing to me last Thursday explaining the Government’s thinking behind the changes, particularly those rowing back on the involvement of the...

Crown Court (Recording and Broadcasting) Order 2020 - Motion to Approve (8 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, I have long argued for more broadcasting of court proceedings on the simple ground that open justice is generally better justice—a point endorsed by the noble and learned Lords, Lord Morris of Aberavon and Lord Thomas of Cwmgiedd. The noble Lords, Lord Reid, Lord Wei, Lord Foulkes and others have also eloquently emphasised the importance of the public understanding of the justice...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee (2nd Day): Amendment 19 (3 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, on these Benches we are firmly with the noble and learned Lord, Lord Falconer, in opposing Clause 2 of the Bill, in line with the virtually unanimous view of those who spoke on 13 May and for all the reasons stated on day one in Committee. We will support the noble and learned Lord in opposing Clause 2 on Report. Therefore, it is with some regret that I find myself disagreeing with...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee (2nd Day): Amendment 17 (3 Jun 2020)

Lord Marks of Henley-on-Thames: My Lords, we have no objection to the Bill as passed extending to the Isle of Man at its request, but that is of course subject to the whole question of our objection to Clause 2 standing part of the Bill and to any other amendments to the Bill that may be passed to it. In those circumstances, it is right that the Minister is not pursuing this amendment today, and it would be right that we...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee: Amendment 14 (13 May 2020)

Lord Marks of Henley-on-Thames: My Lords, for some years I had the privilege of serving on the Delegated Powers and Regulatory Reform Committee under the chairmanship of my noble friend Lady Thomas of Winchester. That committee has increasingly come to stand as a crucial protector of the role of Parliament, alongside the noble and learned Lord, Lord Judge, whom I was delighted we were able to hear. The committee has acted...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee: Amendment 3 (13 May 2020)

Lord Marks of Henley-on-Thames: My Lords, the question raised by my noble and learned friend Lord Wallace of Tankerness is about how legislation should be made regulating implementation between jurisdictions within the UK and between the UK and other relevant territories. It seems to me that Clause 2(2) and (3) and Schedule 6 infringe the principles of devolution, particularly in the lack of provision for consultation with...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee: Amendment 1 (13 May 2020)

Lord Marks of Henley-on-Thames: My Lords, I was not suggesting—and neither, I believe, was the noble Baroness, Lady McIntosh—that we can stay in Brussels recast or rejoin it after the end of the transition period. I was merely regretting the loss of the benefits of Brussels recast and pointing out that Lugano, if we joined it after the transition period ended, would not offer us comparable benefits. Apart from conceding...

Private International Law (Implementation of Agreements) Bill [HL] - Virtual Committee: Amendment 1 (13 May 2020)

Lord Marks of Henley-on-Thames: My Lords, I have added my name to the objection to Clause 2 standing part of the Bill, to be moved by the noble and learned Lord, Lord Falconer, for all the reasons that he gave, supported by the noble Lord, Lord Pannick, and others. That will be addressed in more detail in group 6, later today. As has been said, this amendment is a limited version of the removal of Clause 2, permitting the...


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