Results 61–80 of 206 for speaker:Lord Donaldson of Lymington

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

Lord Donaldson of Lymington: My Lords, I rise to support Amendment No. 10. It is important to underline the fact that this is a single, indivisible offence. Much of the discussion in Grand Committee seemed in a rather novel way to regard it as two offences rolled into one; that a person could be guilty of the two offences and that a jury could be asked to say which. That was never intended—at least, I assume that it...

Constitutional Reform Bill [HL] ( 8 Mar 2004)

Lord Donaldson of Lymington: My Lords, if it is possible to think back to 11 June last year, noble Lords will remember that at that time the judicial system headed by the Lord Chancellor was generally accepted as having worked very well. It was based upon conventions accepted by the Cabinet as to the pre-eminent position of the Lord Chancellor in relation to judicial matters. It was accepted by the Lord Chancellor that...

Supreme Court and Judicial Reforms (12 Feb 2004)

Lord Donaldson of Lymington: My Lords, before the silk system was put on hold, it was regarded as a very great honour to be the last in the list, and therefore the most junior, who had done better than all his peers. I have no hope of the same degree of honour descending upon tail-end Charlie in this debate. It has been an historic debate. There has been an unrivalled procession of speakers with real know-how. They know...

Constitutional Reform (26 Jan 2004)

Lord Donaldson of Lymington: My Lords, I join in the wholehearted welcome that has been given to this concordat and I congratulate both the noble and learned Lord who speaks for the Government and the other noble and learned Lord who speaks for the judiciary on the efforts that they have made. However, I take up the point implicitly dealt with by the noble Lord, Lord Kingsland, and expressly dealt with by the noble Lord,...

Speakership of the House (12 Jan 2004)

Lord Donaldson of Lymington: My Lords, would the noble Baroness mind answering my question: which of the Government's policy objectives could not be achieved without abolishing the office of Lord Chancellor?

Speakership of the House (12 Jan 2004)

Lord Donaldson of Lymington: My Lords, I rise to take part in this debate as a lawyer with a deep interest in constitutional law, as one who has a huge admiration for our unwritten constitution and as one who is convinced—and has for years been convinced—that that constitution is best served by evolutionary and incremental change rather than by knee-jerk reaction. The fatal weakness of the report that we are...

Harbours Bill [HL] ( 7 Jan 2004)

Lord Donaldson of Lymington: My Lords, I rise to give the Bill a hearty welcome as it simplifies and curtails the procedures necessary in the case of harbour revision orders. As your Lordships know, shipping is a highly competitive industry, not only in terms of ships themselves but in terms of ports and the facilities provided through ports, or in the context of ports. Furthermore, the competition between ports is...

Address in Reply to Her Majesty's Most Gracious Speech ( 2 Dec 2003)

Lord Donaldson of Lymington: My Lords, I have the strongest possible views about the proposed statutory execution of the noble and learned Lord the Lord Chancellor—or, perhaps more accurately, his office. I listened with silent applause on my part to the speech of the noble and learned Lord, Lord Mackay of Clashfern, who of course has almost more experience than anyone in this House. I listened with equal silent...

Lords Amendment (19 Nov 2003)

Lord Donaldson of Lymington: My Lords, perhaps I may say one word, and say it very briefly. All this discussion about physical protection for the jury overlooks the bribery element.

Extradition Bill (12 Nov 2003)

Lord Donaldson of Lymington: My Lords, I rise to support Amendment No. 1 and to query a matter which seems to be accepted on all sides in the debate; that is, that "accused" means "charged". If there is a killing—a homicide—and someone is found in the same house with a blood-stained knife, it is almost certain that he will be taken into custody and arrested. So the question arises: why is he being arrested? One can...

"prisoners Liable to Removal from United Kingdom:modifications of Criminal Justice Act 1991 (11 Nov 2003)

Lord Donaldson of Lymington: My Lords, I support the noble Lord, Lord Thomas of Gresford, in everything that he says, and I shall not repeat it. However, I add one other point. One trouble with primary legislation is that it can never keep up with the times. At the moment—and here I show my bi-partisanship—starting with Michael Howard as Home Secretary and carrying on with the present Home Secretary, we are on a sort...

"prisoners Liable to Removal from United Kingdom:modifications of Criminal Justice Act 1991 (11 Nov 2003)

Lord Donaldson of Lymington: My Lords, in the case of Pepper v Hart the Law Lords decided—wrongly I think, but that is beside the point—that in resolving any ambiguity or doubts about the meaning of a statute one could have regard to what the Minister had said. The Minister here has said that paragraphs 7 and 8 produce complete discretion. Are we now to have a position of someone outside saying, "Well, we know she...

Criminal Justice Bill (11 Nov 2003)

Lord Donaldson of Lymington: My Lords, I shall make two points, rather different in character. First, when I was a Queen's Bench judge, dealing not particularly with murder, but with a range of offences, I came to the conclusion, rightly or wrongly, that the magic age was approximately 24. Before that age, there was a real chance of reformation; after it, it became much more doubtful. Of course, I do not suggest that...

Criminal Justice Bill ( 4 Nov 2003)

Lord Donaldson of Lymington: My Lords, perhaps I may suggest that there is a misprint in the amendment, which no doubt the noble Lord, Lord Kingsland, would wish to correct. Surely it should read: "the prosecution can show continual", and not, "continuous or persistent commission of similar offences". It is difficult to commit offences continuously.

Criminal Justice Bill (30 Oct 2003)

Lord Donaldson of Lymington: My Lords, we are now in injury time. I shall make two points and do so very briefly. The first is that I fully accept that it is a fundamental tenet of English law that someone is innocent until proved guilty. I go further and say that, if that principle can be strengthened, it is strengthened when someone is acquitted. For that reason, even at this late hour, I hope that the noble and...

Criminal Justice Bill (30 Oct 2003)

Lord Donaldson of Lymington: My Lords, I find myself in great difficulty over this matter. From the moment I entered the law, I was brought up to believe that, once a man was acquitted, that was it. I have listened to the speeches supporting the amendment of my noble and learned friend Lord Lloyd. I am talking only about retrospectivity; the other matter is for later discussion and different considerations will apply. I...

Criminal Justice Bill (30 Oct 2003)

Lord Donaldson of Lymington: My Lords, that is a popular misconception which I have tried on various occasions to correct—but without the slightest success. Supporters of the amendment have said that we should take account of the views of victims. We certainly should treat victims with understanding, but I cannot believe that it is right that laws should be framed on the basis of giving victims satisfaction. That is...

Criminal Justice Bill (30 Oct 2003)

Lord Donaldson of Lymington: My Lords, as one who has not popped up and down, perhaps I may be allowed to seek enlightenment. As I understand it, Clause 47 not having been taken out of the Bill, we have a definition of "terminating ruling". Amendment No. 70A puts an exception on the definition of "terminating ruling". The wording of the exception is such that if in any case a judge can properly say, "I rule that there is...

Extradition Bill (27 Oct 2003)

Lord Donaldson of Lymington: My Lords, I am sure that this is an elementary point and that I have misread the amendment, but as I understand it, it removes the words "category 1" in line 34. I do not see what difference that makes. The clause will apply if, "a person is extradited to a category 1 territory in respect of an offence", and, "the appropriate judge receives a request for consent to the person being dealt with...

Extradition Bill (27 Oct 2003)

Lord Donaldson of Lymington: My Lords, I do not.


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