Results 21–40 of 206 for speaker:Lord Donaldson of Lymington

Hunting Bill (15 Nov 2004)

Lord Donaldson of Lymington: My Lords, I am in complete agreement that this Bill should pass, and in the form in which your Lordships' House has amended it. However, I want to take a quick glance into the future. In doing so, I need only say that I am in wholehearted agreement with the speech of the noble Lord, Lord Hurd. But I want to look at a slightly different potential aspect of the future. I fear that at this stage...

Constitutional Reform Bill [HL] (11 Nov 2004)

Lord Donaldson of Lymington: Perhaps I may intervene for one moment. I have always been worried about the aspects of the Bill and the concordat in so far as they produce something in the nature of a service disciplinary attitude. One of the strengths of the puisne judges—and a fortiori a bit further up—is that they are highly responsible people who can be relied on, with very few exceptions, to act responsibly. Peer...

Constitutional Reform Bill [HL] (11 Nov 2004)

Lord Donaldson of Lymington: If anything that the noble Baroness said constituted an invitation to me to put forward issues for consideration, perhaps I might suggest that it would be wrong to allow people, certainly at High Court level, to be censured over delays in judgments. As Master of the Rolls I was very concerned about it. I did two things. In jest I circulated to all Lords Justices a newspaper cutting in which a...

Civil Contingencies Bill ( 9 Nov 2004)

Lord Donaldson of Lymington: My Lords, I want to say a brief word in support of the amendment. As the clause stands, it requires that, "a Minister of the Crown thinks that". The "that" is a prelude to two relatively simple questions of fact. They are, first, whether there is an urgent need for a particular kind of regulation and, secondly, whether there is time to do it. It does not require rocket science to resolve...

Housing Bill ( 3 Nov 2004)

Lord Donaldson of Lymington: My Lords, I have added my name in support of the amendments in this group. However, while supporting them I should make it clear that I approach the matter from a slightly different standpoint from that of the noble Lord, Lord Hunt of Wirral. Perhaps some of his remarks might be regarded by the Government Front Bench as inflammatory. I do not wish to be involved in that one way or the other....

Housing Bill ( 3 Nov 2004)

Lord Donaldson of Lymington: My Lords, before the Minister leaves the question of the chain, of course it is important. However, it is very simple to ask the question. The seller will want to know whether there is a chain because, if there is, he will want to be able to consider alternatives. That does happen. In my own transaction, my children were asked whether there was a chain and they also inquired whether there was...

"Surcharges ( 2 Nov 2004)

Lord Donaldson of Lymington: My Lords, there is one slight snag with Amendment No. 12B in the name of the noble Baroness, Lady Anelay. Proposed new subsection (4A) states: "Where there is no challenge by either party regarding the question of fitness to be tried". I came across this in the late 1960s; it is the only time that I ever have met it. In the particular circumstances the prison officer had decided that the...

Domestic Violence, Crime and Victims Bill [HL] ( 2 Nov 2004)

Lord Donaldson of Lymington: My Lords, I support the noble Lord, Lord Thomas of Gresford. I was surprised at the Minister's comment that the clause did not alter the burden of proof. The whole purpose of Clause 5 was to create a new offence which met the scandalous situation whereby one of two people was undoubtedly guilty of murdering a child or vulnerable adult, but one could not tell which. That clause was wholly...

"Surcharges ( 2 Nov 2004)

Lord Donaldson of Lymington: My Lords, unlike any speaker in the House on this topic, including the Minister, I have an interest to declare. I have paid a fixed penalty within the past three years for speeding. I am very aggrieved about that, but that is beside the point. First, I want totally to support everything that the noble Lord, Lord Carlisle, said. It is a very startling innovation that is really outside the...

Housing Bill (19 Oct 2004)

Lord Donaldson of Lymington: My Lords, the noble Lord, Lord Borrie, categorised various parts of the House as reasonable or inherently unreasonable but made an exception in one case. However, he said nothing about the Cross Benches. Therefore, I imagine that we are on probation, or that I am. I make it perfectly clear, lest anyone should have any doubt about it—none of my fellow lawyers will have any doubt about...

Housing Bill (19 Oct 2004)

Lord Donaldson of Lymington: My Lords, perhaps I may draw attention to a distinction which appears to have been made by the Minister. He said that if somebody says, "In the autumn my client may be thinking of selling", that is all right. If he says, "In the autumn my client may be selling" that is not all right. So, "thinking" seems to be the great buzz word that you have to include.

Constitutional Reform Bill [HL] (18 Oct 2004)

Lord Donaldson of Lymington: Perhaps I may use the amendment as a peg upon which to revert to the question of consent by the judiciary, raised by my noble and learned friend Lord Mackay of Clashfern, with whom I normally find myself in complete agreement. I also sympathise with him for not knowing whether an Act had been repealed. It was an experience that I had when sitting in court, which was even more...

Hunting Bill (12 Oct 2004)

Lord Donaldson of Lymington: My Lords, it seems to be common ground that foxes are predators that have to be culled; the only question is how. On the evidence it seems to me that, subject to a degree of regulation, hunting with hounds is the most efficient and humane method available. The terms of the Bill put forward by the Government in the 2002–03 Session were designed to achieve just that. Therefore, my plea—it...

Hunting Bill (12 Oct 2004)

Lord Donaldson of Lymington: My Lords, let me make it clear that I am not a politician; I am a lawyer. I am not suggesting that the House of Commons does not have the power to invoke the Parliament Act. It can do so provided that it waits for another Session because then it will be operating under the 1911 Act, which was an Act of both Houses of Parliament and Her Majesty. But obviously I cannot decide this matter one...

Constitutional Reform Bill [HL] (11 Oct 2004)

Lord Donaldson of Lymington: I accept that courage is not the sole prerogative of lawyers, but would the noble and learned Lord not agree that the chances of a lawyer recognising a breach of the rule of law are greater than those of a non-lawyer doing so? I instance the ouster provision. Would a non-lawyer have realised what an outrage that was? I wonder.

Constitutional Reform Bill [HL] (11 Oct 2004)

Lord Donaldson of Lymington: Perhaps I may make an entirely non-authoritative contribution in response to my noble and learned friend Lord Ackner. I have always understood, although I have never seen it in writing nor bothered to look, that there was a limit to the number of ex-Lord Chancellors who could draw a pension. I thought that Lord Dilhorne faced that problem when he ceased to be Lord Chancellor. It was one of...

Lords Amendment (14 Jul 2004)

Lord Donaldson of Lymington: My Lords, in the early 1970s, it was my privilege to be the president of the National Industrial Relations Court. I claimed, rightly, that it was the fastest court in the West, which produced the reasonable comment from Michael Foot that I was "trigger happy". I mention that merely to show that I am not one who supports sluggardliness in court proceedings. It is terribly important to keep...

Asylum and Immigration (Treatment of Claimants, etc.) Bill (28 Jun 2004)

Lord Donaldson of Lymington: My Lords, might I raise what I admit to be a lawyer's point, though I also think it is a point of good governance? You should not have a series of requirements and go on to provide what happens if you ignore them. The requirements themselves should contain their own exceptions. You either require, or you do not. That approach is, I think, a novelty. Certainly it is something which, as a...

Access to Justice (16 Jun 2004)

Lord Donaldson of Lymington: My Lords, today's debate is about matters which may inhibit access to justice. The noble Lord, Lord Phillips, says he is happy for it to go wider and I believe that it should do so. The real subject for debate today should be "the provision of justice" and "justice as a public service". On the news last night, it was said that both the Prime Minister and the Leader of the Opposition were...

Asylum and Immigration (Treatment of Claimants, etc.) Bill ( 7 Jun 2004)

Lord Donaldson of Lymington: My Lords, I support the amendment. Once the stage of a deportation order has been reached, everything has been looked at in due order and in proper circumstances. But if there is a fundamental change in circumstances thereafter, it is idle to say, "Well, that has been decided by the earlier proceedings". By definition, the circumstances did not then exist. The intention, as set out by the...


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