I want to write to Lord Wolfson of Tredegar
Lord Wolfson of Tredegar: My Lords, as we are on Report and not in Committee, I will make three short points. First, the noble Baroness, Lady Jones of Moulsecoomb, is quite right to refer to our freedoms. I am sure that she intentionally used the plural and not the singular, because there are two freedoms here that we need to have regard to: the undoubted freedom to protest and demonstrate, and the freedom to go about...
Lord Wolfson of Tredegar: ...me and my team to come to speak to him and his colleagues on the Cross Benches during the Bill and prior to Report. I thank the noble Baronesses, Lady Chapman, Lady Chakrabarti and Lady Jones of Moulsecoomb, the right reverend Prelate the Bishop of St Albans and the noble Lord, Lord Beith, for their amendments to the Bill. I am also grateful to the noble Lord, Lord Thomas of Gresford, for...
Lord Wolfson of Tredegar: ...does not have to use these remedies. Therefore, I respectfully disagree that there is any attack here on the rule of law. Indeed, to respond to the point made by the noble Baroness, Lady Jones of Moulsecoomb, the effect of these new remedies—as I think I said in Committee—might be that the Government lose more judicial reviews, because the court might be more prepared to interfere in...
Lord Wolfson of Tredegar: ...and standard statutory penalty procedure for some single justice procedure cases. I should say at the outset that it comes with a number of safeguards. I assure the noble Baroness, Lady Jones of Moulsecoomb, that, as the noble Lord, Lord Ponsonby, fairly said, we all want to see the system work well. This is about putting in place a system that is appropriate and fair. The procedure would...
Lord Wolfson of Tredegar: .... As I put it at Second Reading, we want to put another couple of remedial tools into the judicial toolbox so that they can be used when appropriate. I say to the noble Baroness, Lady Jones of Moulsecoomb, that this has nothing to do with dismantling judicial review or an elective dictatorship. The Government and I recognise the importance of judicial review to good government, which is...
Lord Wolfson of Tredegar: ...for the Government’s approach, even if I apprehend that I may not have convinced him of their correctness. Finally, I will ensure that the point raised by the noble Baroness, Lady Jones of Moulsecoomb, is passed on. My understanding—and I am newer here than she is—is that a decision on whether and when to repeat an Urgent Question taken in the Commons is for the usual channels. Even...
Lord Wolfson of Tredegar: ...’s commitment to the European Convention on Human Rights, which is the foundational underpinning of the Human Rights Act. I therefore take the comments of the noble Baroness, Lady Jones of Moulsecoomb, to heart: “It is not as bad as it could have been”—words last seen on my school report. We want the judiciary to consider in each case the benefits that these remedies can bring....
Lord Wolfson of Tredegar: My Lords, I am very grateful to the noble Lord, Lord Beith, for again raising this matter for debate. I am also grateful to the noble Baroness, Lady Jones of Moulsecoomb, who is not in her place but who gave up a lot of time last week to discuss this with me and the noble Lord. I start by clarifying what we mean by a “position of trust” in this context—there may have been some confusion...
Lord Wolfson of Tredegar: ...in which the criminal justice system handles sexual offence cases. We want to ensure that Section 41 functions effectively and strikes a balance. In response to the noble Baroness, Lady Jones of Moulsecoomb, it is a balance. We have to balance the victim’s right to privacy with making sure that the defendant receives a fair trial. That is what Section 41 is trying to do. As I have said...
Lord Wolfson of Tredegar: ...effective, so they can offer an appropriate level of punishment and address the underlying drivers of offending. As part of that—to pick up the point made by the noble Baroness, Lady Jones of Moulsecoomb—we do of course look at the particular issues facing women in prison. We have discussed that on a number of occasions, and I intend no discourtesy by not repeating now what I have said...
Lord Wolfson of Tredegar: ...on an issue that is of evident interest to a number of Members of your Lordships’ House. I have listened carefully to the points made by everyone, including the noble Baroness, Lady Jones of Moulsecoomb, the noble Lords, Lord Ramsbotham and Lord Laming, the noble and right reverend Lord, Lord Sentamu, my Front Bench colleagues and others to whom I will come. I hear and feel the mood of...
Lord Wolfson of Tredegar: ...that these amendments are necessary. I will briefly explain the reasons why and will begin with Amendments 71 to 78 in the name of the noble Lord, Lord Marks. As the noble Baroness, Lady Jones of Moulsecoomb, reminded us, we had a lengthy debate in Committee on Clause 102 and minimum sentences. For the avoidance of any doubt, this clause does not introduce any new minimum sentences or new...
Lord Wolfson of Tredegar: ...these amendments are important, for the reasons given by all speakers. I was particularly grateful to have the support—perhaps unusually, if I may say so—of the noble Baroness, Lady Jones of Moulsecoomb, which shows that this issue is a cross-party, and perhaps even a non-party, issue. With those thanks, I commend the amendments to the House. Amendment 69 agreed.
Lord Wolfson of Tredegar: ...kind words. I can assure him that I gave his amendment very careful thought, and my approach to it has not been adversely affected by the support given to it by the noble Baroness, Lady Jones of Moulsecoomb. I also heard what my noble friend Lord Attlee said about his role being to help me: with noble friends being so helpful—well, I will leave that one there. It is fair to say that this...
Lord Wolfson of Tredegar: ...offending. Against that background, let me go through the relevant clauses and amendments. Clause 101 relates to—and I underline this point—minimum sentences. The noble Baroness, Lady Jones of Moulsecoomb, on a few occasions referred to “mandatory” sentences. The clause is not headed “mandatory sentences”; the words “mandatory sentence” do not appear in this Bill, except in...
Lord Wolfson of Tredegar: ...driving laws, while not perfect, work well in the vast majority of cases. Importantly—this theme ran through the Committee’s debate and was a point made by the noble Baroness, Lady Jones of Moulsecoomb—we have to strike a balance between the culpability of the driver and the harm or consequences which they cause. That is particularly important in the area of driving, where a...
Lord Wolfson of Tredegar: ...—just a rose; it is something else. Those items should get the same protection as the memorial itself. I therefore strongly disagree, respectfully, with the noble Baroness, Lady Jones of Moulsecoomb, when she says this is just about culture wars. It is not. Let me be absolutely clear: this Government have no problem with discussion, debate or challenge. If you want to say that Nelson was...
Lord Wolfson of Tredegar: ...they were given a prison sentence; therefore, a focus on sentencing in the review is entirely appropriate. I do not know whether there is anything I can do to help the noble Baroness, Lady Jones of Moulsecoomb, in her apparent dichotomy between lawyers on the one hand and common sense on the other. The point I was making about the majority in the other place was actually that it was not...
Lord Wolfson of Tredegar: ...important part and, with that very important correction, I very much endorse what she said. Last but certainly not least, if I may put it in those terms, to hear the noble Baroness, Lady Jones of Moulsecoomb, praise the Government is a wonderful thing. It shows that miracles do happen. I can assure her that the Government always listen, we just cannot always say yes. I hope noble Lords...
Lord Wolfson of Tredegar: ...-defence and loss of control allows that any previous and extended history of domestic abuse be taken into account. I respectfully disagree with the point made by the noble Baroness, Lady Jones of Moulsecoomb, that the law on self-defence is, to use her word, outdated. It is not. As a result, it does not seem necessary to extend Section 76 of the 2008 Act to a wider set of circumstances as...