Lord Mackay of Clashfern: My Lords, as I rise to address your Lordships for the last time, I am standing immediately behind the place from where I made my maiden speech in 1979, moving an amendment in a Scottish criminal justice Bill—which, I am glad to say, was accepted. A short distance may make a big difference in status, as your Lordships have noticed. I thought, if your Lordships will permit me, it might be of...
Lord Mackay of Clashfern: My Lords, it is right to look at the draft put forward by the Lord Chancellor, which makes it absolutely plain that the intention of the Government in that document is that we stay in the European Convention on Human Rights. The preciousness of that is absolutely clear, and I feel certain that a Conservative Government—and, I believe, a Labour Government—are unlikely to move away from it.
Lord Mackay of Clashfern: My Lords, it is time that we made some progress. The noble Lord, Lord Knight, proposed that the Bill should go forward on Report, and the Labour Chief Whip agreed. But we are getting into doing that without having passed a Motion, so I would like it to be made clear that we will now consider the Bill on Report and deal with whatever difficulties there are as that goes on.
Lord Mackay of Clashfern: My Lords, I am sure the House will appreciate that there are many things in the gracious Speech upon which I would like to speak. I am glad to associate myself with what the noble and learned Lord, Lord Judge, has said in that connection. What I want to do this morning will be very brief. A little phrase in the Queen’s Speech says: “Legislation will also be introduced to ban conversion...
Lord Mackay of Clashfern: My Lords, I would like to say something about the proposal in relation to the coroners’ court. The problem in the coroners’ court is that well-heeled litigants are allowed to participate in the coroners’ inquest when the people with real interest, namely the relatives of the deceased whose death is being inquired into, are not able to afford any protection at all. The well-heeled...
Lord Mackay of Clashfern: I have been made anxious by the intervention of the noble Lord, Lord Pannick, in this debate. I have to say that I do not think it is for me to decide whether this is in accordance with the law or not. The Law Officer of the Crown is the Attorney-General, and my understanding is that the Attorney-General has supported the Bill. Therefore, one can take it that her opinion is that it is lawful....
Lord Mackay of Clashfern: My Lords, I am an honorary fellow of the two Edinburgh colleges and I strongly support this. It seems extraordinary that these very distinguished colleges which, as has been said, have an excellent record over many years in teaching people not only in this country but in many other countries should be excluded from playing a part in these appointments. I also support Amendment 80 but would...
Lord Mackay of Clashfern: Before my noble Lord sits down, does “children” in this amendment include children in care? Amendment 36 agreed. Amendments 37 to 54 not moved.
Lord Mackay of Clashfern: My Lords, this amendment adds a new paragraph to the new Section 3(1) set out in Clause 16 and it seems clear that what Section 3(1) says refers to all that follows it: “An integrated care board must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility”. One has to look at...
Lord Mackay of Clashfern: My Lords, one has to start with the definition of the functions of the integrated care board in the Bill. It says: “An integrated care board … has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act”— that is, in accordance with all the provisions of the Act. The idea that you must identify some of them...
Lord Mackay of Clashfern: My Lords, I think that a Russian oil tanker was expected today in Orkney. There was some question about whether it had been sanctioned. I wonder whether the Minister can resolve that point, which is rather important, because Orkney is of course a very important part of the world.
Lord Mackay of Clashfern: My Lords, I had the honour, with the then Leader of the House, to present to this House the 1981 Bill which became the Act. We certainly understood that it was a very drastic power which enabled citizenship to be taken away. Therefore, it was only right that notice should be required, and provided for, in Section 40(5) of that Act. It included the need to make clear to the person affected...
Lord Mackay of Clashfern: My Lords, the Minister has said that he would take it back. It may well be that if he takes it back—
Lord Mackay of Clashfern: My Lords, this is a unique situation. These islanders were forced out of their homes not because of any objection to them, but to facilitate the development of bases desirable, perhaps, rather than necessary, in war. They have done nothing wrong and would be entitled, were they still there, at this level, to the citizenship which the Act gave them. The only reason they are denied it is that...
Lord Mackay of Clashfern: I strongly agree that the magistracy is essentially a local service built up by knowledge of the area in which magistrates are asked to administer justice. It would be an extraordinary development to cut that out, because the knowledge of what is going on in their area is a source of strength to the magistracy in issuing judgments which, as has been pointed out, are a very high proportion of...
Lord Mackay of Clashfern: Before the noble Lord sits down, can I ask him if he has ascertained whether the Lord Speaker is willing to take on the responsibility of receiving these communications from eligible Members.
Lord Mackay of Clashfern: My Lords, your Lordships will know that I have known my noble friend Lord Forsyth as a noble friend and as a friend for many years. I know also that he is extremely good at putting forward a case—whether the case is well founded or not does not seem to matter too much. We have a procedure in this House, which was established a long time ago, which says that government time is to be used for...
Lord Mackay of Clashfern: Exactly. A draft Bill is preliminary to a Bill; it is not there for the purpose of not being considered. A draft Bill is for making a proposal the subject of an ordinary parliamentary Bill, which has the same authority as a government Bill. All Bills are produced in draft; some are considered in draft in pre-legislative scrutiny. A Bill has to be in draft at some stage, but the object of...
Lord Mackay of Clashfern: My Lords, I have a very vivid recollection of Harold Wilson’s problem when he was elected with less than a parliamentary majority. As noble Lords will know, he had a second election in that year. At that time, I was the Sheriff Principal of Renfrew and Argyll, and therefore I was a returning officer for the constituencies in Renfrew and in Argyll, so I was rather familiar with what was...
Lord Mackay of Clashfern: My Lords, we are very much indebted to the noble Lord for his background in this matter. It is important to remember that there are Dissolution principles to be settled before this situation arises. From time to time they have been revised, but I do not think they have been revised for some time now, and obviously it is appropriate that they should be before a further action is required. It...
