Results 121–140 of 206 for speaker:Lord Donaldson of Lymington

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: I am obliged. I thought that the situation had been put right so that foreigners could now be magistrates. Thank you very much.

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: I support the amendment, but I have at the back of my mind a difficulty. In the rule of public law, decisions by officers who prima facie have authority to act stand until set aside. That is a valuable provision in many circumstances. I support the amendment and hope that the Government may give some thought to how they might provide that the disqualification produces an avoidable situation...

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: May I hark back to the mention of human rights? At Second Reading I expressed very grave doubts as to whether the position of the fines officer was compatible with the European Convention on Human Rights and the Human Rights Act. The noble Baroness wrote a letter saying that of course they were compatible. I believe that at some stage I said, I hope in moderate language, that if that was...

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: At Second Reading I suggested that as there was no necessary correlation between the keeper and the owner it would be relatively easy for a defaulter to remove his name as the car's registered keeper. The amendment is far more difficult to justify than the Government's original suggestion. I have no figures, but I venture to doubt whether more than 50 per cent of cars are owned by the people...

Courts Bill [HL] (10 Feb 2003)

Lord Donaldson of Lymington: I wish to make a point which I hope will not be regarded as what the noble Baroness would describe as a "hair-splitting" one. The proposal is to add a paragraph to what is a definition clause. We might then have the following position. If it could be shown by a disgruntled defaulter that a particular fines officer had not been provided with the training required under the Act, it might be...

Courts Bill [HL] ( 4 Feb 2003)

Lord Donaldson of Lymington: This is a very wide question. As I recollect, the position is that circuit judges are liable to removal by the Lord Chancellor, for reasons which may not be exactly the same but in substance are the same. If we are to say that it is necessary in this case for the Lord Chief Justice to be the remover, the same must be true—at least I think it must be true—for circuit judges. That would be...

Courts Bill [HL] ( 4 Feb 2003)

Lord Donaldson of Lymington: Of course, I agree with everything that has been said about the importance of the lay magistracy, especially as regards attracting members of ethnic minorities to serve on it. But we need to remember that there is an inherent problem with the lay magistracy in that its members cannot sit continuously for more than a limited period. Certainly half days would be highly inefficient. We shall...

Courts Bill [HL] ( 4 Feb 2003)

Lord Donaldson of Lymington: Perhaps I may raise a point of construction, which is what I believe it to be. I have been sitting here minding my own business and listening to the various comments. The real problem, as I see it, is the meaning of the word "specifically". If one looks in tomorrow's Hansard at the speech of the noble and learned Lord, Lord Mackay of Clashfern, one will see that he said "specifically only" in...

Courts Bill [HL] (28 Jan 2003)

Lord Donaldson of Lymington: Would it be unkind to suggest to the Minister that he has overlooked his best point—that is, that guidance is free and putting up court-houses is not?

Courts Bill [HL] (28 Jan 2003)

Lord Donaldson of Lymington: I had not expected to be in a position to raise this point. At Second Reading, I expressed doubts as to whether the position of the fines officer was compatible with the European Convention on Human Rights. The noble Baroness, Lady Scotland, was kind enough to write to me—stupidly I have left the letter behind—giving the Government's thoughts on this matter. If I have it wrong in...

Courts Bill [HL] ( 9 Dec 2002)

Lord Donaldson of Lymington: My Lords, when I first received a print of the Bill, I started, as one would, with Clause 1. I was puzzled as to why it should set out this extensive duty on the Lord Chancellor. Could it be an aide memoire in case he had forgotten? Could it be a coded "Trespassers will be prosecuted" notice sent to the Home Secretary? I really did not know, but as I read further I came to the conclusion that...

Courts Bill [HL] ( 9 Dec 2002)

Lord Donaldson of Lymington: My Lords, there is no reason why the Bar should do that. In this House, when I rise to my feet I say "my Lords", and I hope that none of the lady Members present is in any way offended. It is an accepted collective term. I criticise my erstwhile brethren for having got their underwear in a twist on this question, so much so that, as one legal periodical reports, one member of the court...

Procedure of the House: Select Committee Report (24 Jul 2002)

Lord Donaldson of Lymington: My noble friend Lord Bledisloe and the noble Lord, Lord Elton, said that the decision on whether there should be carry-over would depend on the will of the House. At line 15 of page 4 the report says: "Carry-over would be achieved, after discussion in the usual channels, by a motion agreed by one or both Houses, depending on where the bill had been introduced". Judging by those words, it does...

Offshore Installations (Emergency Pollution Control) Regulations 2002 (10 Jul 2002)

Lord Donaldson of Lymington: My Lords, I welcome wholeheartedly the regulations, which are essential. It is right and equally essential that the same SOSREP—I apologise for the word; we tried all kinds of other words which conveyed wrong messages—on behalf of the Secretary of State, the DTI and the Department of Transport should be the same person. One has only to visualise a collision between a ship and a platform...

Proceeds of Crime Bill (27 May 2002)

Lord Donaldson of Lymington: The noble Lord has answered it in substance. I am not appearing here on behalf of the legal profession. As far as Mareva injunctions are concerned, however, we did not say to the person subject to an injunction, "All right, transfer all your funds to the nearest solicitor, and the best of British luck to you". We imposed limits, where it was thought necessary, on the amount that could be...

Proceeds of Crime Bill (27 May 2002)

Lord Donaldson of Lymington: May I ask a question to which I am sure I should know the answer? I hope that there is a forgiveness for those who have not been able to wade through all of this enormous Bill. The question arises from my experience of administering Mareva injunctions. One has situations in which an applicant turns up and says, "The whole of the wealth of this individual has in fact been pinched from me". I...

Proceeds of Crime Bill (27 May 2002)

Lord Donaldson of Lymington: I have listened to the Minister reiterating the need to be tough and the need to show the world that we are tough, but I am concerned that I have not heard a word from him about being fair. I agree with the noble Lord, Lord Kingsland, that it is surprising that someone should be liable to a sentence of up to five years—no doubt it would not be passed—for being careless. I venture to...

European Arrest Warrant: EUC Report (23 Apr 2002)

Lord Donaldson of Lymington: My Lords, in view of the opening remarks of the noble Lord, Lord Lamont, perhaps I should apologise for being a lawyer. But it is a fact that just as bishops are professionally against sin, lawyers are professionally against injustice and perhaps have a wider appreciation of where it might arise than those who are not involved or who have not been involved in the law. I entirely accept the...

Proceeds of Crime Bill (22 Apr 2002)

Lord Donaldson of Lymington: As a semi-outsider, I am a little puzzled. I understand why it should be a matter for the Scottish Parliament or the Welsh Assembly to decide who is eligible to become a Member. However, I am puzzled as to why it is not open to this House to decide that the director shall not apply to become a Member of either body, if, in the view of this place, it is undesirable that he should do so. That...

Parliament Act 1949 (Amendment) Bill [HL] (16 Jan 2002)

Lord Donaldson of Lymington: My Lords, before the Minister sits down, perhaps I may put just one question to him. He referred to a possible settlement of the problems that arise at present. If such a settlement is achieved, can the noble and learned Lord say whether that would merely be the starting-point of further demands by the other House, supported by the Parliament Act?


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