Results 101–120 of 206 for speaker:Lord Donaldson of Lymington

Courts Bill [HL] (27 Mar 2003)

Lord Donaldson of Lymington: I have just one small point. The noble Lord, Lord Renton, was speaking, as I understood it, in contemplation of the Lord Chancellor making an order with regard to a specific case. I certainly had not so read it. I had thought that this was a power to create categories of case in which the court can take that action. Perhaps the Minister will tell me whether I am right about that.

Courts Bill [HL] (27 Mar 2003)

Lord Donaldson of Lymington: I speak to Amendments Nos. 134 and 135 which are perhaps related to Amendment No. 137A. I cannot see how the proposal would work if "wilful" were substituted for "serious". The number of cases in which the press "wilfully" misconducts itself can be counted on the fingers of one hand, if they exist at all. The press lack wilfulness because it is simply negligent. There is a combination of the...

Courts Bill [HL] (18 Feb 2003)

Lord Donaldson of Lymington: Will the Minister consider whether a true view is that it has always been an aspiration? Certainly, we were nowhere within miles of it when I was concerned.

Courts Bill [HL] (18 Feb 2003)

Lord Donaldson of Lymington: The Master of the Rolls was one of the greatest beneficiaries.

Courts Bill [HL] (18 Feb 2003)

Lord Donaldson of Lymington: I welcome the fact that the heads of division no longer have to concur in fees orders but are only consulted. I frankly admit that I left my job more than 10 years ago. But, even then, I was embarrassed, and I dare say that my colleagues shared the feeling, at cavilling at proposals to increase fees on perfectly respectable grounds, when, after all, the provision of money and resources was...

Courts Bill [HL] (18 Feb 2003)

Lord Donaldson of Lymington: I should like to raise a point of construction. A double condition is being got rid of: first, that the application has to be heard in open court, and secondly that it be heard by a judge of the High Court. If one just leaves it at that, subject to the amendments which the Minister said he will make—which I frankly do not understand; that is my fault, not his—one is left with the position...

Courts Bill [HL] (18 Feb 2003)

Lord Donaldson of Lymington: The basic point is that there should be no area of criminal justice which the public feel is important but where some sentences are too lenient without there being some remedy. I do not criticise the Lord Chief Justice in any way—I am not in a position to do so. I am not interested in the furore which arose in relation to burglary. However, it might well be that the controversy could be...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: moved Amendment No. 85B: Page 28, leave out line 2.

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I am sorry to take the time of the Committee once more and I apologise in particular to the noble Lord, Lord Goodhart. I can deal with this point very briefly. Clause 59 is concerned with judicial titles and sets out a list of what are said to be such titles which the Lord Chancellor wants to take the power to alter. Included in that list is the Master of the Rolls. I want to make it clear...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: It is not my day job.

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I shall certainly withdraw the amendment for the time being, and probably for ever. My parting shot to the Minister is that if the Government want to do that, why do they not alter the heading of the clause from "Power to alter judicial titles" to "Power to alter titles"? I beg leave to withdraw the amendment.

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I find it surprising that this has been put on the basis of honour. I understand that some years ago the present Lord Chancellor made a commitment to alter the position of lady members of the Court of Appeal so that they could be called "Lady Justice". That has now taken place. However, I cannot believe that his commitment was to a particular form of words, which is what is now being...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I am obliged to the noble Baroness. I was unable to undertake a trawl. It may be that when other noble Lords read this interesting exchange in Hansard, it will be suggested that I return to the matter. I shall reserve that right, but in the mean time I beg leave to withdraw the amendment.

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I support the Minister's views. When I was Master of the Rolls, it seemed absurd that, strictly speaking, my remit did not extend beyond the Court of Appeal. To some extent I got over that by having discussions with the noble and learned Lord, Lord Lane. But he took the view that civil courts at High Court level—known as assize courts at the time—were his problem because they were part of...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: moved Amendment No. 85A: Page 27, line 17, leave out from "styled" to end of line 18 and insert ""Justice of Appeal""

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: We now move on to a rather different subject matter. This amendment, and the provision in the Bill itself which I seek to amend, is concerned with style. But not style in the sense in which we all refer to it in everyday language. In this context, style means the formal label which is attached to an office. Perhaps I may illustrate that best by looking at Section 4(2) of the Supreme Court Act...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I have a semi-technical question. If we are to insert, "save the High Court", we will certainly include the Employment Appeal Tribunal which, in deference to sensitivities, calls itself a tribunal but is not at all; it is a court of co-equal status with the High Court. However, something else worries me more. If court administration means the Court Service, I do not have much trouble with the...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: I was certainly not criticising the Court Service as it serves the civil division of the Court of Appeal. It was superb, excellent. Whether the Lord Chancellor felt the same about it, I do not know; he may have had cause to have reservations. The noble Baroness talked about tracking cases. If she really means that, we are right into the judicial field, because tracking cases involves listing,...

Courts Bill [HL] (11 Feb 2003)

Lord Donaldson of Lymington: As regards Amendment No. 80, it would be necessary, if it were generally acceptable, to look at the drafting with a view to protecting the position of a security officer who does not believe that someone claiming to be a magistrate or a judge is a magistrate or a judge, or has doubts about that. The measure should certainly be limited to people whom the officer concerned is satisfied are...

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: Can the Minister tell the Committee what happened on 31st January 2002? I presume that foreigners who were made magistrates before that date are all right, but those appointed afterwards are not.


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