Results 141–160 of 206 for speaker:Lord Donaldson of Lymington

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

Lord Donaldson of Lymington: My Lords, I join in this debate in order to draw attention to a significant omission in the House of Lords paper, Completing The Reform. It is an omission that I believe could possibly mislead. I refer to paragraphs 29 and 30. The cross heading is "Parliament Acts". Paragraph 29 deals in general terms with the effect of the Parliament Acts and states correctly, "The effect is to give the...

Lords Amendments (13 Dec 2001)

Lord Donaldson of Lymington: My Lords, the noble and learned Lord should not get too excited. I am describing the view of the House, not his view. If SIAC overstepped the mark, it could and would be dealt with using special procedures by the High Court. The Government's approach was different. I pardon the infelicity of what they were saying, but their approach was that no court other than SIAC could be relied on to...

Lords Amendments (13 Dec 2001)

Lord Donaldson of Lymington: My Lords, in a sense I have to declare an interest in the amendments because the noble and learned Lord the Attorney-General was kind enough to engage in wide ranging and long discussions on the problem that had arisen. As I saw it, the problem was that unless we could do something new, we were faced with a highly damaging conflict between the two Houses. If that conflict was necessary, we...

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: moved Amendment No. 33: Page 16, line 21, leave out subsection (2).

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: My Lords, this amendment raises precisely the same question as that raised by the noble Lord, Lord Brittan; that is, why take it out when it does not matter? I beg to move.

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: My Lords—

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: My Lords, as the noble and learned Lord was kind enough to summon me by name to answer this point, perhaps I may be allowed to do so, despite the rules—with the leave of the House. The High Court—and the Court of Appeal—has inherent jurisdiction to make any rules that it likes, or, rather, that it thinks necessary, for the purposes of justice. It could therefore adopt the whole of the...

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: My Lords, I hope that noble Lords will forgive me for mentioning that I spent 26 years as a judge in the High Court or the Court of Appeal. During that time, for one reason or another—certainly when I was Master of the Rolls—and in view of the importance that I attached to judicial review, an unusually high proportion of my work was concerned with judicial review. As a result, I...

Anti-terrorism, Crime and Security Bill ( 6 Dec 2001)

Lord Donaldson of Lymington: My Lords, of course I support the amendment. I rise to my feet purely because my noble and learned friend Lord Ackner said that SIAC has all the powers of judicial review. That is not correct.

Anti-terrorism, Crime and Security Bill ( 3 Dec 2001)

Lord Donaldson of Lymington: I came across the answer to the noble Lord's question while browsing through the Bill. The expression Xa United Kingdom person" struck me, as it struck the noble Lord, as extraordinary. I am sure that the Minister is now being told where it appears. If one looked outside the clause where I met it, one would discover that one got there by steps; namely, that a United Kingdom person was defined...

Anti-terrorism, Crime and Security Bill ( 3 Dec 2001)

Lord Donaldson of Lymington: Do not citizens of Northern Ireland carry British passports?

Anti-terrorism, Crime and Security Bill ( 3 Dec 2001)

Lord Donaldson of Lymington: Before the noble Lord sits down, perhaps I should say that while I understand that if one asks for enough legal opinions, one will get the one that one wants, that does not apply when one asks judges. Will the Minister consider who told him that the words used in a later statute will alter the meaning of words used in an earlier one? That is a somewhat surprising proposition. I am very...

Anti-terrorism, Crime and Security Bill ( 3 Dec 2001)

Lord Donaldson of Lymington: I rise to support the noble Lord, Lord Renton, and to make a constructive suggestion. There should be what one might describe as a Viscount Bledisloe clause. It need not be agreed tonight, but on a future occasion a decision on the specified period could be made. It may be slightly novel to suggest that it could go on until an exception arises. A compromise should be built in, which I hope is...

Anti-terrorism, Crime and Security Bill ( 3 Dec 2001)

Lord Donaldson of Lymington: I come as a complete outsider to this particular aspect of the Bill, and merely as a somewhat experienced interpreter of statutes. What the Bill says is that subsection (2), which defines Xthe third pillar", includes a reference to the Treaty on European Union, Xas amended by . . . the Treaty signed at Amsterdam . . . [and] . . . the Treaty signed at Nice". If the treaty that has only just...

Address in Reply to Her Majesty's Most Gracious Speech (26 Jun 2001)

Lord Donaldson of Lymington: My Lords, I wish to make a short contribution to our debate today on the subject of the environment and the pollution of the marine environment caused by shipping and offshore installations. Noble Lords may remember that in February 1996 the vessel the "Sea Empress" sought to take the overland route into Milford Haven harbour. It was an unfortunate decision which caused a great deal of...

Parliament Acts (Amendment) Bill [H.L.] (28 Feb 2001)

Lord Donaldson of Lymington: My Lords, I beg to move that the House do now resolve itself into Committee on this Bill. Moved, That the House do now resolve itself into Committee.--(Lord Donaldson of Lymington.)

Parliament Acts (Amendment) Bill [H.L.] (28 Feb 2001)

Lord Donaldson of Lymington: I regret to have to say that the noble Earl has wholly misunderstood the purpose of Clause 1. He has misread the Explanatory Notes, which I am confident accurately express the purpose and tenor of Clause 1. In the circumstances, I hope that I may be forgiven for referring to the Explanatory Notes. They read: "Clause 1 of the Bill deliberately avoids the necessity for Parliament to express any...

Parliament Acts (Amendment) Bill [H.L.] (19 Jan 2001)

Lord Donaldson of Lymington: My Lords, I express gratitude to those who have attended on an extremely chilly Friday morning to debate this matter and my sympathy for those who did not come to hear me, particularly my noble and learned friend Lord Lloyd, who is to contribute to the Psychotherapy Bill, which has been postponed. I am not wholly surprised, but very disappointed, that the Attorney-General should express such...

Parliament Acts (Amendment) Bill [H.L.] (19 Jan 2001)

Lord Donaldson of Lymington: My Lords, no. There are doubts, which are not shared by the Attorney-General, as to whether the 1911 Act authorises the other place to make changes to the constitution of this House. I propose to remove those doubts by simply saying that the other place cannot do it. But it is clearly recognised that in the longer term one cannot have a situation in which this House can sit on its hands and...

Parliament Acts (Amendment) Bill [H.L.] (19 Jan 2001)

Lord Donaldson of Lymington: My Lords, Section 2(3) of the 1911 Act contains in terms the requirement for a Speaker's certificate. It requires him to certify that the whole process is in accordance with the 1911 Act. If one amended paragraph (c) to include an additional requirement, the Speaker's certificate would have to cover that as well.


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