Results 61–80 of 91 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 Boyd of Duncansby

Planning Bill (10 Nov 2008)

Lord Boyd of Duncansby: My Lords, I warmly welcome the government amendments, which I respectfully suggest address the issues raised in Committee. I direct the House's attention to the terms of Amendment No. 43, which would insert new provisions into Clause 12 and in particular to proposed subsection (1C), which states: "For the avoidance of doubt, section 5(3) to (7) continue to apply where the Secretary of State...

Planning Bill (6 Nov 2008)

Lord Boyd of Duncansby: My Lords, it may be my fault, but I fail to understand the noble Lord's point about the approval of the House of Commons. The Bill sets out in clear detail the way in which the national policy statements must be arrived at. I understand the noble Lord to say that if there was a flaw in the procedure, that could not be challenged in court if it had been approved by the House of Commons. I do...

Planning Bill (6 Nov 2008)

Lord Boyd of Duncansby: My Lords, I shall speak briefly to the amendments in the name of my noble friend Lord Berkeley, who wishes me to apologise to the House on his behalf for the fact that he cannot be here. These matters have been dealt with by my noble friend. The Integrated Transport Authorities are a product of the Local Transport Bill, which is currently going through Parliament and renames the Passenger...

Planning Bill (6 Nov 2008)

Lord Boyd of Duncansby: My Lords, I had not intended to speak but, given the comments made by the noble Duke, the Duke of Montrose, I thought that I should make one or two points in relation to Scotland. I should perhaps declare an interest as a member of the Commission on Scottish Devolution. It is right to say that the Bill has tangential effects on Scotland. In effect, however, it extends to England and Wales and...

Planning Bill (6 Nov 2008)

Lord Boyd of Duncansby: My Lords, I, too, declare interests, which are in the Register. My law firm also deals with planning matters, including infrastructure issues. The noble Baroness, Lady Hamwee, quoted my intervention in Committee, and it may be said, as someone who has just been acting as counsel in a planning inquiry in Scotland, and having just received a positive response from Ministers to my client's...

Planning Bill (16 Oct 2008)

Lord Boyd of Duncansby: Amendments Nos. 409A to 409C stand in my name. Like the amendment moved by my noble friend Lord Berkeley, they deal with the relationship between the national policy statement and the local development plan, particularly in relation to renewable energy. The principal purposes of the Bill are to ensure that we speed up the planning process and provide the infrastructure to deal with climate...

Counter-Terrorism Bill (15 Oct 2008)

Lord Boyd of Duncansby: I strongly support Clause 40. When I was Lord Advocate, I pressed for universal jurisdiction on the basis of my experience in examining the evidence put before me to support a terrorism offence. It rapidly became clear that the lack of universal jurisdiction might hamper a prosecution. Such was the nature of terrorism offences that it seemed that that should be remedied. I am pleased that the...

Counter-Terrorism Bill (15 Oct 2008)

Lord Boyd of Duncansby: I have considerable sympathy with the amendments in the name of the noble Lord, Lord Wallace of Tankerness. In Scotland, the accused is under the protection of the court, as he has said, and interference in the rights of the accused may be manifest at the point of questioning. In particular, Amendment No. 55, which would remove the role of the constable and the superintendent, is appropriate,...

Counter-Terrorism Bill (15 Oct 2008)

Lord Boyd of Duncansby: The issue of the Lord Advocate occupies an important place in my mind. I would be very grateful if the noble Lord could check, first, what discussions have taken place with the Lord Advocate, and secondly—this is most important—whether she intends to issue instructions on how this is to operate. That would influence the way I looked at this provision when it came back.

Planning Bill (14 Oct 2008)

Lord Boyd of Duncansby: Whatever our respective views on judicial review, its growth is a genie that is out of the bottle. I suspect that we would have great difficulty putting it back in completely. The Bill attempts to limit and confine the areas on which there might be judicial review, which I think is the purpose behind Clause 13. I suspect that, even if that clause was not there, the Secretary of State would...

Planning Bill (14 Oct 2008)

Lord Boyd of Duncansby: I think that everybody would agree that there has to be a review process and an obligation to undertake it. I question whether putting in timescales is the right way to go about it, because that might suggest that the Secretary of State does not have to review until the five-year period, or whatever period is stipulated, is up. Equally, to say that the policy statement should be continuously...

Planning Bill (14 Oct 2008)

Lord Boyd of Duncansby: I have two quick points to make. I confess that I do not know enough about the 2003 air transport policy to know whether it would fulfil the criteria for a national policy statement, but, as I read Clause 12, it concerns power to designate a statement as a national policy statement, even if it had been issued, "before the commencement day, or ... sets out national policy by reference to one...

Planning Bill (14 Oct 2008)

Lord Boyd of Duncansby: I oppose these amendments. Indeed, my concern is that the national policy statements might not be specific enough in certain respects. As I understand it, the Government have said that both nuclear and aviation will be site specific. I think that that is right. If the national policy statement designates an area for expansion of an airport, for example, or for a new airport, there are a lot...

Planning Bill (6 Oct 2008)

Lord Boyd of Duncansby: I have some sympathy with the sentiments behind Amendments Nos. 32 and 38. It is important that we should have an overarching view of various types of infrastructure development. My understanding is that, on energy at least, the Government's intention is that there should be one overarching national policy statement. That would then be supported by individual NPSs in relation to, for example,...

Planning Bill (6 Oct 2008)

Lord Boyd of Duncansby: I declare interests as a legal associate of the Royal Town Planning Institute and as a solicitor in private practice advising clients on a range of planning matters. The challenges that we face are significant and the infrastructure requirements of this country are formidable. If we are to reduce carbon dioxide emissions by 60 per cent by 2050, it is clear that the infrastructure that will be...

Planning Bill (15 Jul 2008)

Lord Boyd of Duncansby: My Lords, I declare an interest as a legal associate of the Royal Town Planning Institute and as a solicitor with Dundas & Wilson, having advised clients mostly in Scotland but also in England. For many years, I also earned a happy living as a member of a small but, I assure noble Lords, highly select band of the planning Bar in Scotland, going to planning inquiries and representing...

Counter-Terrorism Bill (8 Jul 2008)

Lord Boyd of Duncansby: My Lords, for more than six years, I was Lord Advocate in Scotland. As such, I was for the most part an observer of terrorism policy and terrorism cases rather than being an active player. However, I gained sufficient insight, not only from the cases that we dealt with but from contacts with the CPS, the Director of Public Prosecutions and from law officers in England and Wales, to be able to...

Terrorism: Rendition (21 Feb 2008)

Lord Boyd of Duncansby: My Lords, the Minister is to be congratulated on coming to the House so quickly and on the candour of his answers. In one of his replies he mentioned Prestwick. He may know that, when I was Lord Advocate, I was asked to use my powers to direct the police to conduct a criminal investigation into the alleged use of Prestwick and other airports in Scotland for extraordinary rendition. I declined...

Serious Crime Bill [HL] (24 Oct 2007)

Lord Boyd of Duncansby: My Lords, does the Minister agree that one issue that we have to face is teasing out intercept for intelligence purposes from intercept for criminal purposes, and that one of the strengths of the British system has been the close co-operation between intelligence and criminal investigation agencies? In answer to the noble Lord, Lord Elystan-Morgan, perhaps that marks us out from some of the...

UK Borders Bill (23 Oct 2007)

Lord Boyd of Duncansby: My Lords, can the Minister clarify a matter regarding Clause 2? Am I right in thinking that the purpose of the clause is to extend the powers of immigration officers as such not to immigration but to criminal justice? That would be clear from subsection (1), which gives the circumstances in which the immigration officer may exercise the powers conferred by Clause 2. That is a criminal justice...


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