Proceeding contribution from Lord Bach (Labour) in the House of Lords on Friday, 13 May 2011. It occurred during Debate on bill on Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill.
Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill
My Lords, I can be brief on behalf of the Opposition. We support the Bill and warmly congratulate the noble Lord, Lord Hunt of Wirral, on the calm, reasonable and above all clear way in which he moved this debate. We have come to expect that of him over the years and he did not disappoint today. We are grateful to him. I am sorry that he has just left the vicinity, but congratulations are certainly due to the right honourable gentleman Greg Knight, the Member of Parliament in the other place. He and I were young lawyers together in Leicester in a former life. He was even foolish enough on one or two occasions to instruct me in criminal matters. We were also colleagues on opposite sides of Leicester City Council for some time many years ago. He deserves congratulations particularly today because, when the Government refused—for good reason or bad, I know not—not to proceed with the draft Civil Law Reform Bill, he took it upon himself, having been successful in the Private Member’s Bill ballot in the other place to put into effect Part 3 of that draft Bill and to take it through the Commons. He deserves the thanks not only of Parliament but of the wider public. I was privileged as a Minister to take through two Law Commission Bills—the noble Lord, Lord Hunt of Wirral, will remember them—under the new procedure that was experimented with and is now in practice. To answer the noble Lord, Lord Marks, Law Commission Bills can be brought forward by a shortened Committee method in this House and then go to the Commons. They have to be uncontroversial Bills, of course, but the procedure has worked twice so far rather well. I hope that it will be used again quite soon. While I am on my feet, I will speak to the extraordinary high skill of the civil servants who advise the Minister—the noble Lord, Lord McNally, at the moment and me previously—on these complicated and difficult Bills. They have no doubt talked to the noble Lord, Lord Hunt, and to Mr Knight as well. They are a very high-powered group who are a great compliment to the Civil Service generally and play an important role that is sometimes understated. That needs to be said from time to time. It is a great reflection on the Civil Service that it can provide people such as them to advise Ministers. They give careful, skilful guidance on tricky matters of law. I would have been completely lost in the two Bills that I took through the House without their constant—I was going to say hand-holding—guidance. I am quite sure that it is quite different with the noble Lord, Lord McNally, who will be on top of this brief completely without any help at all. We think that the Bill deserves support. We hope that it is carried through this House as quickly as possible. It passes, as the other speakers all said, any tests of fairness or justice with flying colours. In the end, that is surely the important point. I have two matters for the Minister, and I do not want to put him on the spot, but why did the Government not proceed with the Civil Law Reform Bill? Secondly, the noble and learned Lord, Lord Scott of Foscote, asked how far the Forfeiture Act goes. That is a matter of some importance and needs to be sorted out, if not today then before the Bill becomes an Act. From our side, we wish the Bill well and hope that it gets its Second Reading.
Secondary information
- Type
- Proceeding contribution
- Reference
- 727 c1113-4
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Children Dangerous driving Homicide Euthanasia Law Commission Grandparents Intestacy Succession Wills Next of kin
- Legislation
- Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Bill 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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