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Lords committee stage fifth day. Clause 77, as amended, agreed to. Clauses 78 to 88 agreed to. Schedule 15 agreed to. (Part 1 of 2).

Lead member
Lord Bellamy; Lord Murray of Blidworth
Answering member
Lord Ponsonby of Shulbrede; Lord Coaker
Department
Home Office; Ministry of Justice
Type
Committee of the Whole House (HL); Debates on bills
Date
18 January 2023
Reference
826 cc1844-1871
House
House of Lords

Moved by

Lord Murray of Blidworth

105: Clause 77, page 52, line 20, leave out “copying” and insert “the disclosure”

Member's explanatory statement

This amendment clarifies that the power in clause 77(1)(b) relates to the onward disclosure of information provided to the Secretary of State under clause 72 or 73.

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1844
House
House of Lords

My Lords, Clause 77 allows the Secretary of State to make regulations about the publication and sharing of information provided through the foreign influence registration scheme. Amendment 105 clarifies that power at Clause 77(1)(b) and provides for the Secretary of State to make regulations about the onward disclosure of information...

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1844
House
House of Lords

My Lords, we are being asked to approve something that relates to regulations that we have not seen, and we would ask the Government to review the way in which they are approaching the passage of this part of the Bill. We need to see not just draft practice or...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 cc1844-5
House
House of Lords

My Lords, I agree with what the noble Lord, Lord Carlile, has just said, and I shall say a bit about it myself, in a few remarks on the government amendment. As the Minister said, the amendment clarifies the power in Clause 77(1)(b) and deals with the publication and disclosure...

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1845
House
House of Lords

I thank both noble Lords for those contributions. I can, of course, reassure the noble Lord, Lord Carlile, who will be aware that my noble friend Lord Sharpe committed in this House that a policy statement would be published ahead of Report.

On the points raised by the noble Lord, Lord...

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1845
House
House of Lords

Perhaps I could press the Minister on this. He said that there will be a policy statement before Report. The noble Lord, Lord Carlile, was asking whether we can see the draft regulations. I entirely understand the Minister’s point that the final version of the regulations will need to await...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

At the moment I fear I cannot commit to providing draft regulations. It may be that there are some, but it may be that to draft regulations prior to Report would be too time-consuming.

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

I am sorry to intervene again, but does the Minister not see that this is illustrating the whole mistake in producing important legislation arising from amendments made in Committee in the House of Commons? If this part of the Bill had been drafted in the normal way, by parliamentary counsel...

Member
Lord Carlile of Berriew (Crossbench)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

I note the noble Lord’s views on the topic, but we are where we are. Obviously, the department will take away what he says and endeavour to meet his reasonable request.

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

I say to the Minister, before he sits down, that in view of what the noble Lords, Lord Pannick and Lord Carlile, have said, it is not satisfactory. We do not have a policy statement, we cannot see the regulations and, when the regulations are passed, the Government will pass...

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

I hope the Minister will agree to draw the attention of his department to the debate held in this House last week on delegated legislation and to the very strong sense across the whole House, including on his Benches, that this House is meeting a Government who give us less...

Member
Lord Wallace of Saltaire (Liberal Democrat)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

I have no doubt that the department will reflect on those points. We are all very aware of last week’s debate, in which the Leader participated.

Member
Lord Murray of Blidworth (Conservative)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1846
House
House of Lords

Moved by

Lord Marks of Henley-on-Thames

105A: Clause 82, page 55, line 20, at end insert “provided that such evidence or submissions are not merely incidental to the principal issues in the proceedings”

Member’s explanatory statement

This amendment restricts the definition of ‘national security proceedings’ to correspond with the ordinary meaning of that phrase,...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1847
House
House of Lords

My Lords, I am grateful for the explanation that these two groups have been combined. I spent some time today wondering why they could possibly have been separated, since they both concern the topics of a reduction in damages and freezing powers and damages. We are now dealing with all...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 cc1847-1850
House
House of Lords

My Lords, I have added my name to many of the amendments in these groups. I declare an interest as a practising barrister in public law cases, occasionally in cases concerning natural security.

I entirely agree with the powerful speech that the Committee just heard from the noble Lord, Lord Marks....

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 cc1848-1851
House
House of Lords

My Lords, the noble Lord, Lord Pannick, and my noble friend have comprehensively outlined why both these clauses are unnecessary in law but also go far beyond what is necessary and will be damaging in practice. I need not add very much other than to say that I have put...

Member
Lord Purvis of Tweed (Liberal Democrat)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 cc1851-2
House
House of Lords

My Lords, I am also in receipt of an excellent briefing from Reprieve, which was covered excellently by the noble Lord, Lord Marks—so much so that I am left with nothing further to say on that issue.

However, as I am currently the only Member on the Labour Back Benches, I...

Member
Lord Hacking (Labour)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1852
House
House of Lords

My Lords, I add a couple of queries which I hope that the Minister can help with.

Clause 83(5) provides that:

“Where the court would award damages … of a particular amount, the court must decide whether, in light of its consideration of the national security factors, it is appropriate for it...

Member
Lord Faulks (Non-affiliated)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 c1852
House
House of Lords

My Lords, I thank the noble Lords who have spoken. I very much appreciated the introduction by the noble Lord, Lord Marks. It was

very carefully explained and helpful to the Committee. The only thing that I will disappoint him with is that, having heard his Latin pronunciation, I have...

Member
Lord Coaker (Labour)
Type
Proceeding contributions
Date
18 January 2023
Reference
826 cc1852-6
House
House of Lords