Results 41–60 of 206 for speaker:Lord Donaldson of Lymington

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

Lord Donaldson of Lymington: My Lords, if on review the judge decides that there has been an error of law, I do not think that it follows that the lower tribunal, with one or three members, would necessarily reach a particular conclusion. For instance, if the decision is that an irrelevant matter has been taken into account, it still leaves open the question of what happens when the relevant matter is taken into account....

Asylum and Immigration (Treatment of Claimants, etc.) Bill ( 4 May 2004)

Lord Donaldson of Lymington: On the question of remission, it is clear that I took one view and the noble Lord, Lord Goodhart, took another as to what was meant by reconsideration. Perhaps the noble and learned Lord would like to give us some assurance that that will be looked at with a view to making it quite clear that his flexible approach will be open.

Asylum and Immigration (Treatment of Claimants, etc.) Bill ( 4 May 2004)

Lord Donaldson of Lymington: It is necessary to consider the Government's amendments both for their own merits and because this is a very important occasion when an ouster clause was taken far beyond any limit that anybody in the past had considered. That clause has now been reconsidered by the Government and we have these amendments. I want to underline the fact that this is not a trifling change; it is something almost...

Asylum and Immigration (Treatment of Claimants, etc.) Bill (27 Apr 2004)

Lord Donaldson of Lymington: I support that most wholeheartedly. When I heard of the recent case, which attracted a certain amount of publicity, my first reaction was surprise that SIAC had power to grant bail. I thought that the history of the legislation was that appeals from SIAC were being confined continually, for reasons that do not matter. I had to try to work my way through all four statutes, which I found very...

Domestic Violence, Crime and Victims Bill [HL] (25 Mar 2004)

Lord Donaldson of Lymington: My Lords—

Domestic Violence, Crime and Victims Bill [HL] (25 Mar 2004)

Lord Donaldson of Lymington: I give way, my Lords.

Domestic Violence, Crime and Victims Bill [HL] (25 Mar 2004)

Lord Donaldson of Lymington: My Lords, I am happy to say that, in relation to the amendment, I have rejoined the fold of the lawyers—I did so in earlier stages of the Bill. I am even happier to say, in the light of the remarks made by the noble Lord, Lord Campbell, although I am not sure that he is right, but if this is the first occasion upon which he and I have ever agreed, that makes it a particularly important...

Domestic Violence, Crime and Victims Bill [HL] (25 Mar 2004)

Lord Donaldson of Lymington: My Lords, I disagree with all three speakers. The noble Lord, Lord Campbell, suggested that there were three alternatives. Apart from the linguistic problem of that, there are not—there are only the two identified in the clause. However, my real objection is not to paragraph (a) in his amendment, but to paragraph (b). On paragraph (a), of course, it is highly desirable—so far as possible,...

Energy Bill [HL] (23 Mar 2004)

Lord Donaldson of Lymington: My Lords, perhaps I may reminisce for one moment. I was asked by the previous Administration to conduct an inquiry into the best methods of command and control and state intervention in salvage projects or other situations in which there was a potential for pollution. I had the happy idea that we could adapt the whole of merchant shipping to platforms, which is what we were considering, by...

Energy Bill [HL] (23 Mar 2004)

Lord Donaldson of Lymington: My Lords, before the Minister sits down, can he help me? I fully accept the point about international passage on the high seas. But am I wrong in thinking that there is a right of innocent passage through our territorial waters? In so far as this is merely confined to the actual site of the turbine, clearly there is no problem. If it goes further than that, may there be a problem?

Energy Bill [HL] (23 Mar 2004)

Lord Donaldson of Lymington: My Lords, I have not had any advance notice of this matter. There is no reason why I should have. It is entirely my fault for not having informed myself of it. Therefore, I have not studied UNCLOS carefully. However, from my recollection of first principles, I am not entirely sure that the international rights of innocent passage and the rather different international rights through straits...

Energy Bill [HL] (23 Mar 2004)

Lord Donaldson of Lymington: My Lords, no doubt that is right, provided that the foundation projects sufficiently high from the sea bed. If the foundation is sufficient, I do not see why the stalk of the windmill should not stay up. Provided that the draught were not too great, a ship would just whip off the stalks at the top of the foundation.

Energy Bill [HL] (23 Mar 2004)

Lord Donaldson of Lymington: My Lords, I want to pick up the last point concerning the fact that a wind farm is not an isolated object, such as a platform. One must also remember that it has a safety zone around it, which may contribute to the safety of the wind farm if to no one else. On the other hand, a far larger zone is thus created which, necessarily, should be regarded as a no-go area. Much of the planning will...

Asylum and Immigration (Treatment of Claimants, etc.) Bill (15 Mar 2004)

Lord Donaldson of Lymington: My Lords, many people, both within and outside this House, have condemned the ouster provisions of Clause 14 as a constitutional outrage and an affront to the rule of law. Suffice it to say that I wholeheartedly agree. Fortunately, it appears that the Government have now had second thoughts. We need not, therefore, stop to consider, as otherwise we would have done, what would and should have...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, I thank the noble Baroness for giving way. She has twice said that if the prosecution makes good the various criteria in Clause 4, it calls for an explanation. Surely, that is not right. If you do not give an explanation you may well be found guilty of responsibility, but it certainly does not call for an explanation in that sense. That is the difference between that and what the...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, I shall try to clear the undergrowth. I do not believe that it really matters whether the issue is contrary to ECHR. It is contrary to all the precedents of English criminal law. That is what matters, because it would be a great mistake if we were to turn the Human Rights Act upside down by saying that anything that is not prohibited by the convention is acceptable—it was never...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, I think that this amendment is most unfortunate, because it assumes that Clause 5 will be accepted by the House, and Clause 5 is a monstrosity. There is no justification for this amendment unless Clause 5 survives. The ordinary position is that if someone is being questioned under caution, they are told that if they do not answer the question an inference of guilt might be drawn. So...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, I did hope to support the Minister. I think that half of her problems here arise because she will not put "responsible" at the beginning of Clause 4. If she did, it would then fall into place. I should have thought that there was no transfer of civil law into criminal law if the relevant offence is being responsible for the death of a child against a background where the person...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, I appreciate that. But I think that there are many conscientious juries who might be really bothered about the difference between their obviously knowing, their almost certainly knowing and, what is really the same thing, the fact that they ought to have known. To that extent, that is really an essential part of this. The noble Lord, Lord Thomas, said that it is really monstrous...

Domestic Violence, Crime and Victims Bill [HL] ( 9 Mar 2004)

Lord Donaldson of Lymington: My Lords, before the noble Lord, Lord Campbell of Alloway, allows the Minister to sit down, perhaps I may seek a little help on Amendment No. 10. As I understand it, the noble Baroness is saying that, if as a lawyer you work your way through Clause 4, it becomes clear that this is a single offence with two alternative legs. I agree. But is she also saying that, where experienced practitioners...


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