Litigation Funding Agreements (Enforceability) Bill - second reading – Lord Stewart of Dirleton.
Lord Stewart of Dirleton: My Lords, I am grateful to all noble Lords for their contributions to this debate, as I am for their contributions throughout the progress of the Bill through your Lordships’ House, but these amendments do significant damage to the core purpose of the Bill. In relation to political language, I hear what the noble Lord, Lord Coaker, said from the Front Bench but on this subject, I wish to do...
Lord Stewart of Dirleton: My Lords, I will speak also to Motions A1, C, D and D1. Motion A relates to Lords Amendment 1B, which adds to the Bill’s purpose, seeking to ensure that the eventual Act maintains full compliance with domestic and international law. As my noble friend has set out throughout the passage of the Bill, and as the Minister for Countering Illegal Migration made clear in the other place, “the...
Lord Stewart of Dirleton: My Lords, in order to respond to the points made by the noble Lords, Lord Ponsonby of Shulbrede and Lord Marks of Henley-on-Thames, it is as well that the House reminds itself of the background against which the Government are acting: the unprecedented circumstances of the Covid pandemic. During that time, extraordinary pressure was placed on our justice system and the Government took...
Lord Stewart of Dirleton: I am grateful to the noble Lord for clarifying certain of the remarks that he made initially and putting them down into two specific questions. I regret to say that they fall within the category of information which I have sought but do not readily have available. So, with the noble Lord’s leave, I will correspond with him on that matter.
Lord Stewart of Dirleton: I hear what the noble Lord has said. He makes a series of good points and we will write to him on those. I will ensure that those specific matters feature in the letter. House adjourned at 9.24 pm.
Lord Stewart of Dirleton: The Crown Prosecution Service (CPS) is responsible for prosecuting cases which have been referred to them following an investigation by the police. The CPS will consider a prosecution for any case involving incitement to cause criminal damage or criminal damage to Ultra Low Emission Zone cameras under the Code for Crown Prosecutors.
Lord Stewart of Dirleton: The Crown Prosecution Service (CPS) has not issued specific guidance on prosecuting those who incite others to cover up cameras in the Ultra Low Emission Zone. These offences would be covered by existing guidance on inchoate offences, Theft Act offences, and offences during protests, demonstrations or campaigns. The existing guidance is available on the CPS website: Inchoate Offences; Theft...
Lord Stewart of Dirleton: My Lords, I am grateful to all noble Lords for their contributions to this debate. I will respond first to Amendment 44ZA, tabled by the noble Lord, Lord Dodds of Duncairn, which seeks to provide for the Bill’s effect in Northern Ireland, notwithstanding Section 7A of European Union (Withdrawal) Act. The noble Lord makes his point exceptionally well, as he always does, in relation to the...
Lord Stewart of Dirleton: In that event, as with any adverse decision, I think, the Government would have to reserve their right to consider the matter, but the position is as I have stated, and we are confident of success. I turn to the points raised by the noble and learned Lord—
Lord Stewart of Dirleton: I first beg the noble Baroness’s pardon; I had not intended to overlook her. In relation to the answers to which she and the noble and learned Lord refer, as we have said on previous occasions at the Dispatch Box, these responses will be issued imminently.
Lord Stewart of Dirleton: I beg the noble Baroness’s pardon. I think that we had indicated that we were trying to get it by this point. That has not been possible, and I apologise to the noble Baroness. I turn now to the matters raised by the noble Lord, Lord Dubs. Home Office officials meet the Justice and Home Affairs department officials of Jersey and officials from the Isle of Man and Guernsey on a regular...
Lord Stewart of Dirleton: I regret to say that I am not privy to that information directly. I hear the point that the noble Lord raises, and, if he will permit, I will write to him to set out in appropriate detail an answer to the point that he makes.
Lord Stewart of Dirleton: I shall make sure that the noble Lord’s point is given consideration before Third Reading. For the reasons that I have sought to set out, I would encourage the noble Lord, Lord Dodds, to withdraw his amendment at this stage.
Lord Stewart of Dirleton: The point is that Rule 39 interim measures are not final judgments of the European Court of Human Rights, which do bind the United Kingdom. They are not binding on the United Kingdom domestic courts. When deciding whether to comply with an interim measure indicated by the Strasbourg court, due consideration will be given to the facts in the individual case and careful consideration of the...
Lord Stewart of Dirleton: My Lords, I am again grateful to all noble Lords who have participated in this debate, opened by the noble and learned Lord, Lord Hope of Craighead. He acknowledged that we had enjoyed a full debate on the topic in Committee, in which conflicting views on certain essential matters emerged. The noble Lord, Lord Faulks, repeated the view he expressed earlier that the practice in relation to the...
Lord Stewart of Dirleton: Oh, she is. Well, while she did not press the point again, there was none the less a Green-wedge approach, which included my noble friend Lord Deben, attacking the stance of the Opposition Front Bench. Noble Lords opposite are old enough and ugly enough to defend themselves, and the noble Lord, Lord Ponsonby, did so. On the aspects of my noble friend’s submission that attacked the...
Lord Stewart of Dirleton: My Lords, the answer to the noble Lord’s question is “imminently”. Returning to the correspondence with the noble Lord, Lord Anderson, I quote from that letter that bears my signature and which I trust that he will see in due course. He asked whether the Government agree that if, in compliance with Clause 5, a Minister decides not to comply with an interim measure, that would place the...