Results 1–20 of 100 for (in the 'Commons debates' OR in the 'Westminster Hall debates' OR in the 'Lords debates' OR in the 'Northern Ireland Assembly debates') speaker:Lord Brennan

Mental Capacity Bill (10 Jan 2005)

Lord Brennan: My Lords, this Bill has considerable moral and social implications, which when taken together make the consideration of its terms particularly onerous for this Chamber. When considering a Bill dealing with mental incapacity, whether one is against it or in favour of it, it is extremely important to note that it is designed to provide a system of care for people who do not have capacity for...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: moved Amendment No. 1: Page 1, line 11, at end insert— "but any decision, whether unwise or not, is inapplicable and invalid if it is— (a) wholly irrational in the opinion of the medical practitioner responsible for the treatment, or any other decision maker including a court; (b) in all the circumstances against the public interest, namely— (i) to preserve life; (ii) to prevent...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: Some Members of the Committee will find this group of amendments of considerable importance. I commend the Government on the consultation and care that they have exercised in listening to all the different views expressed about this important and serious piece of legislation. In particular, my noble friend Lady Ashton has been assiduous in ensuring that she not only listened to what Members...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: No, I do not, which is why I suggest "wholly irrational"—inconceivable to everyone else in the community. Experience and time has led to the acceptance of the beliefs of Jehovah's Witnesses by courts. I am talking about the wholly irrational. Where the autonomy that we speak of consists of little more than a bald assertion that a person's choice merits respect because it is his choice,...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: "Irrational" may be unwise; "wholly irrational" is inconceivable in terms of giving it effect. You would not accept it in your own family or community. Why should the state accept it as a right of citizens? There is a plain difference. The word "wholly" is used clearly and has force. I turn to Amendment No. 16. As I said, the word "not" should be deleted otherwise there is a double negative....

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: It does not need to be considered, because it is completely illegal under Section 2 of the Suicide Act—but if it were attempted, it would also be wholly irrational.

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: I am grateful to all noble Lords who have taken part in the debate. It has been extremely interesting to note the range of opinion on so many fundamental issues in the Bill. I shall close my remarks on three issues. I refer, first, to personal autonomy. No one suggests that the right expressed by the noble and learned Lord, Lord Donaldson, does not exist. The question is whether it is an...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: I am grateful for that correction to what I intended to say, which is that they should not be legally binding. I turn to the last of my three points. When we consider the question of how an advance decision may fall to be put into effect, it is extremely important as we go through the Bill clause by clause to ensure that anyone whose job it is to give effect to this—whether medically, as a...

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: I did not suggest that we should use the word "intention". I was inviting careful consideration of the appropriate form of words on what is a very difficult question.

Mental Capacity Bill (25 Jan 2005)

Lord Brennan: I beg leave to withdraw the amendment.

Poverty in Developing Countries (26 Jan 2005)

Lord Brennan: My Lords, nations have characters. It is in the character of our nation that it should give help to developing countries, especially the poorest. This Government have pursued a sustained and vigorous development aid programme. That reflects our national character. The public response to the tsunami appeal was incredible. That reflects our national character. This coalition of government...

Mental Capacity Bill (27 Jan 2005)

Lord Brennan: I wish to speak to the government amendments and to my Amendments Nos. 85A and 89. This is an important group of amendments because it seeks, as my noble friend has just said, to ensure that there are strict formalities and clarity and it seeks to avoid confusion or doubt about how an advance decision should fall to be applied. I welcome that objective. First, I want to comment on what...

Prevention of Terrorism Bill (1 Mar 2005)

Lord Brennan: My Lords, this is as serious a business as we are ever likely to engage upon. It would be helpful to remember, for a moment, the Writ that summons us to this House at the beginning of each Parliament. The words speak of imminent perils. They require each one of us to treat and give our counsel on such matters, in particular with regard to the safety and defence of our kingdom. That Writ...

Prevention of Terrorism Bill (7 Mar 2005)

Lord Brennan: This is an exceptionally important point that embraces two principles, one of democracy and one concerned with the campaign against terrorism. In my view, a Bill of this nature should always have a review clause and a sunset clause. Parliament should always review constraints on liberty as grave as this Bill introduces. In doing so, two considerations arise, the first of which is democracy....

Prevention of Terrorism Bill (8 Mar 2005)

Lord Brennan: My Lords, the introduction of a sunset clause at some convenient and appropriate parliamentary time is necessary for Parliament to fulfil its essential duty to seek to make good law after reasonable consideration. I remind the House that, in December last year, the Judicial Committee of this House, in ringing tones, found that Part 4 of the anti-terrorism Act of 2001 was in fundamental breach...

Mental Capacity Bill (15 Mar 2005)

Lord Brennan: My Lords, I apologise to the House in general and to the noble Lord, Lord Walton, in particular, for being a few minutes late for the debate. The reason is simple; while we debate the Bill in the Chamber, we also legislate by correspondence, and I had to look at the latest missive from my noble friend the Minister on my Amendment No. 55. The chief merit of legislation on matters of this...

Fraud Bill [HL] (22 Jun 2005)

Lord Brennan: My Lords, my noble and learned friend the Attorney-General can be confident of the support of his own Benches for the passage of this Bill. The lawyers here present might be excited by its detail, but at Second Reading it seems to me more important for us to consider some of the policy implications of this important legislation. First and foremost, it is an important exemplar of the way in...

Street Children in Latin America (22 Jun 2005)

Lord Brennan: My Lords, in the first week of the recent war in Iraq, a 20 year-old soldier was killed. He was from California; he died in the service of the American nation; and he was a street child from Guatemala. He left his hostel; obtained education; wanted to join the army; and suffered that fate. That story tells us three things about street children: first, that they are human beings; secondly,...

Assisted Dying for the Terminally Ill Bill: Select Committee Report (10 Oct 2005)

Lord Brennan: My Lords, this debate should not be afflicted either by religious extremism towards the secular thinker or secular bigotry towards the religious believer. It is important—is it not?—that we attach to this problem disciplined thinking and clear analysis. After the rather ironic comments suggesting that a secular contribution is the expression of an opinion but that that coming from a...

Identity Cards Bill (31 Oct 2005)

Lord Brennan: My Lords, I apologise to my noble friend on the Front Bench for not being present during her opening speech because of commitments in another forum. The Government introduced the Bill with the intention of protecting the public. To give that protection, they seek power and the public will expect that it be exercised in trust for those for whose protection it is given. Power based on trust...

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