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Elystan-Morgan, Lord (32)
Answering member
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Legislation
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Publisher
Does the Minister not agree that, with so many years having elapsed since a clear and unambiguous judgment was given by the European Court, however sincere the Government may be in their desire to obtain a perfect solution to the situation, inevitably the impression will be given to other countries that they would not be heartbroken if the matter sailed on for all eternity like some legislative "Flying Dutchman", never finding port or harbour?
Does the Minister not agree that, with so many years having elapsed since a clear and unambiguous judgment was given by the European Court, however sincere the Government may be in their desire to obtain a perfect solution to the situation, inevitably the impression will be given to other countries that they would not be heartbroken if the matter sailed on for all eternity like some legislative "Flying Dutchman", never finding port or harbour?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
12 November 2009
My Lords, we are looking not for a perfect solution but for a workable one—one that will work in practice. Of course we accept that we have to implement the judgment.
Subjects
Prisoners; Public consultation; Voting rights
Date
12 November 2009
Reference
714 c897
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Minister referred to the Carter report. When is it expected that the first prisoner will enter the first of the sub-Titan prisons to be built?
My Lords, the Minister referred to the Carter report. When is it expected that the first prisoner will enter the first of the sub-Titan prisons to be built?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
4 November 2009
I cannot tell the noble Lord that, but the building programme is on course and, as he knows, we are trying to make sure that there are 96,000 places by 2014. He knows that we have listened carefully to what was said, in this House and elsewhere, about the very large prisons that were at one stage being proposed, and that we modified our policy as a result of argument.
Subjects
Inspections; HM Inspectorate of Prisons; Standards; HMP Garth
Date
4 November 2009
Reference
714 c253
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the Minister not agree that there is a faint irony in that, in the case of Purdy, the director through his learned counsel argued most strongly against the issuing of any specific guidelines? Furthermore, does the Minister agree that central to the whole question of the exercise of formal criteria in relation to prosecution is a rigorous and wide-searching inquiry of investigation into each individual case? In those circumstances, will additional personnel with adequate expertise and experience, be they in the police service or in the office of the Director of Public Prosecutions, be appointed to carry out this massive task?
My Lords, does the Minister not agree that there is a faint irony in that, in the case of Purdy, the director through his learned counsel argued most strongly against the issuing of any specific guidelines? Furthermore, does the Minister agree that central to the whole question of the exercise of formal criteria in relation to prosecution is a rigorous and wide-searching inquiry of investigation into each individual case? In those circumstances, will additional personnel with adequate expertise and experience, be they in the police service or in the office of the Director of Public Prosecutions, be appointed to carry out this massive task?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
20 October 2009
My Lords, I cannot say that that will necessarily happen, although I can say that the director has done what he was asked to do by the House of Lords Judicial Committee—that is, to draw up guidelines both for and against prosecution. He did that within two months of the judgment of the House of Lords Judicial Committee and he is to be applauded for doing so.
Subjects
Crown Prosecution Service; House of Lords; Euthanasia; Judgements; Prosecutions; Purdy, Debbie
Date
20 October 2009
Reference
713 c563
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Minister has very properly listed a number of aggravating features of Biggs’s case, but is it not also perfectly correct to say that he did, after all, return voluntarily to the jurisdiction?
My Lords, the Minister has very properly listed a number of aggravating features of Biggs’s case, but is it not also perfectly correct to say that he did, after all, return voluntarily to the jurisdiction?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
9 July 2009
My Lords, it is right to say that he returned voluntarily—some 36 years after he committed the offence of escaping from Her Majesty’s Prison Wandsworth. Why he returned voluntarily has been a matter of some comment in the media, and I will not repeat it. The noble Lord is strictly right that Mr Biggs returned voluntarily, but if he had not escaped he would have finished his sentence a long time ago.
Subjects
Parole; Biggs, Ronald
Date
9 July 2009
Reference
712 c765-6
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, without in anyway detracting from the relevance of the point made by the noble Lord, Lord Carlile, is it not the case that part of the answer with regard to unnecessary delay in the administration of justice in magistrates’ courts lies with the need for a greater number of district judges sitting as stipendiaries? Will he give an undertaking that appointments will be made in such numbers, and for such places, as are necessary in the circumstances?
My Lords, without in anyway detracting from the relevance of the point made by the noble Lord, Lord Carlile, is it not the case that part of the answer with regard to unnecessary delay in the administration of justice in magistrates’ courts lies with the need for a greater number of district judges sitting as stipendiaries? Will he give an undertaking that appointments will be made in such numbers, and for such places, as are necessary in the circumstances?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
29 June 2009
My Lords, we always do our best to ensure that there are sufficient district judges, other judges and of course magistrates to deal with the level of work that there is.
Subjects
Courts
Date
29 June 2009
Reference
712 c9
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the noble Baroness recollect that the preamble to the 1911 Act says that, ""whereas it is intended to substitute for the House of Lords as it at present exists a second chamber constituted on a popular instead of hereditary basis … such substitution cannot immediately be brought into operation"?"
Since it took Parliament some 80 years to overcome the first of those obstacles, albeit only in part, would it be right to look on the final solution as something that exists less on the plane of time than on that of eternity?
My Lords, does the noble Baroness recollect that the preamble to the 1911 Act says that, ""whereas it is intended to substitute for the House of Lords as it at present exists a second chamber constituted on a popular instead of hereditary basis … such substitution cannot immediately be brought into operation"?"
Since it took Parliament some 80 years to overcome the first of those obstacles, albeit only in part, would it be right to look on the final solution as something that exists less on the plane of time than on that of eternity?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
22 June 2009
My Lords, I think that the Benches to my left are much better equipped to talk about eternity than I am. However, this Government should be congratulated on bringing forward the first very important stage of reform in 88 years.
Legislation
Parliament Act 1911
Subjects
Anniversaries
Date
22 June 2009
Reference
711 c1347
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is not the constitutional position of Sark that it is part of Her Majesty’s dominions by virtue of her being the Duke of Normandy?
My Lords, is not the constitutional position of Sark that it is part of Her Majesty’s dominions by virtue of her being the Duke of Normandy?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
16 June 2009
My Lords, it certainly is. Her Majesty the Queen is seen as a direct descendant of the Duke of Normandy.
Subjects
Constitutions; Finance; Politics and government; Sark
Date
16 June 2009
Reference
711 c949
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, while it is entirely proper and lawful that such photographs should be taken, should not a line of distinction be drawn between circumstances of general public order and other circumstances which go much deeper into the whole issue of the security of the state?
My Lords, while it is entirely proper and lawful that such photographs should be taken, should not a line of distinction be drawn between circumstances of general public order and other circumstances which go much deeper into the whole issue of the security of the state?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
2 June 2009
My Lords, I may have missed the point of the question, but I assume that the noble Lord is talking about automatic number-plate recognition, CCTV and the like. There is a difference, but equally, in areas such as automatic number-plate recognition, we intend to look at the exact rules for how this is handled and how the information is kept and dealt with, because there is a real risk with some of these things of increasing our capability exponentially. Police forces rightly try to use these techniques because they make us safer and enable us to get serious criminals and others, but the techniques have to be properly monitored and controlled. There is a real issue there.
Subjects
Court of Appeal; Judgements; Police; Protest; Photographs
Date
2 June 2009
Reference
711 c105-6
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, following the question of the noble Lord, Lord Best, is it not the case that extensive powers are already vested in judges under Section 36 of the Administration of Justice Act 1970? These powers allow the judge to postpone an application or, indeed, suspend a possession warrant, where there is a possibility that a family will be able to pay and repay all debts within the total period of the mortgage. That is very important, for however parlous the situation might be now, if the mortgage has 20 years to run, it may very well be that that can be achieved within the terms of that provision.
My Lords, following the question of the noble Lord, Lord Best, is it not the case that extensive powers are already vested in judges under Section 36 of the Administration of Justice Act 1970? These powers allow the judge to postpone an application or, indeed, suspend a possession warrant, where there is a possibility that a family will be able to pay and repay all debts within the total period of the mortgage. That is very important, for however parlous the situation might be now, if the mortgage has 20 years to run, it may very well be that that can be achieved within the terms of that provision.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
28 April 2009
My Lords, I am very grateful for the noble Lord’s advice. He has enormous experience in this area. Clearly, repossession is not inevitable, even after a claim has been issued. Provided the borrower is able to pay their arrears in a reasonable period of time, or place the property on the market to effect a sale, and the lender does not have satisfactory reasons for not agreeing, the court does have the power to adjourn the proceedings. So there clearly are different ways of easing this situation.
Subjects
Costs; Government assistance; Mortgages
Date
28 April 2009
Reference
710 c110
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, while I welcome the measures announced by the Minister, can he give the House an indication of when it is likely that the backlog in the hearing of cases, which is of very considerable proportions, will be disposed of? The delays caused form a serious blot on the administration of justice in our country.
My Lords, while I welcome the measures announced by the Minister, can he give the House an indication of when it is likely that the backlog in the hearing of cases, which is of very considerable proportions, will be disposed of? The delays caused form a serious blot on the administration of justice in our country.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
27 April 2009
My Lords, I can help the noble Lord. Provisional year-end hearings for 2008-09 indicate that there were 2,300 three-member oral hearings and 416 single-member oral hearings. It is estimated that 5,000 oral hearings will be heard in the 2009-10 financial year, including clearing the backlog of cases as well as new ones. Of course it would be a foolish Minister who got up and said that we would clear all the backlog—some of it involves just a few weeks’ delay—but I repeat that none of it is acceptable.
Subjects
Administrative delays; Parole
Date
27 April 2009
Reference
710 c6
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the Minister not agree, however, that it is simply not a matter of "may" or "might" but of "must", and that for some years we have clearly been in breach of a specific legal obligation? Does he not agree also that it is entirely wholesome that these people, who have been placed beyond the walls of society for their transgressions—and perfectly properly so—should be reminded that they are human beings and citizens with fundamental rights? Indeed, in some cases that situation may remind them of the reciprocity between obligations and rights in relation to the community.
My Lords, does the Minister not agree, however, that it is simply not a matter of "may" or "might" but of "must", and that for some years we have clearly been in breach of a specific legal obligation? Does he not agree also that it is entirely wholesome that these people, who have been placed beyond the walls of society for their transgressions—and perfectly properly so—should be reminded that they are human beings and citizens with fundamental rights? Indeed, in some cases that situation may remind them of the reciprocity between obligations and rights in relation to the community.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
20 April 2009
My Lords, I have to remind the House that when the European Court of Human Rights ruled on the appeal in October 2005, about three and-a-half years ago, it did not specify which prisoners should be given the vote. Indeed, the Court held that the blanket ban was unlawful, but expressly recognised that each member state had some discretion as to who should be given the vote. The Court expressly stated that it was not for it to impose on the UK full voting rights for all prisoners, but it was for the UK, through its democratically elected Parliament, to implement the judgment, taking into account its constitutional traditions. That is why in the second consultation paper, produced earlier this month, we set out a number of different options. Indeed, we invite noble Lord with views on this to answer the consultation.
Subjects
British nationality; EU countries; Elections; European Parliament; EU nationals; Prisoners; Voting rights
Date
20 April 2009
Reference
709 c1247-8
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is it not the case that there is no specific statement in the Act of Settlement 1701 that prevents a person of the Roman Catholic faith becoming monarch? The words of the Act, if I remember rightly, are that the Crown shall devolve upon the Electress Sophia and the heirs of her body—followed by the words "being Protestant". It is not a case of Roman Catholics being proscribed, but rather of Protestants being prescribed.
My Lords, is it not the case that there is no specific statement in the Act of Settlement 1701 that prevents a person of the Roman Catholic faith becoming monarch? The words of the Act, if I remember rightly, are that the Crown shall devolve upon the Electress Sophia and the heirs of her body—followed by the words "being Protestant". It is not a case of Roman Catholics being proscribed, but rather of Protestants being prescribed.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
2 April 2009
My Lords, the noble Lord, as so often, is quite right.
Subjects
Catholicism; Women; Marriage; Monarchy; Succession; Royal family
Date
2 April 2009
Reference
709 c1179
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, may I ask a question that is slightly wider than the original Question? It relates to credit unions. Does the noble Lord agree that the time is now very ripe indeed for the fullest consideration to be given to government assistance to credit unions, bearing in mind that there is ample evidence that more and more people are all the time falling into the clutches of loan sharks?
My Lords, may I ask a question that is slightly wider than the original Question? It relates to credit unions. Does the noble Lord agree that the time is now very ripe indeed for the fullest consideration to be given to government assistance to credit unions, bearing in mind that there is ample evidence that more and more people are all the time falling into the clutches of loan sharks?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
25 March 2009
My Lords, the Government are already giving considerable support to credit unions, and I believe that I evidenced that in my answer to an earlier question.
Subjects
Building societies; Government assistance
Date
25 March 2009
Reference
709 c653
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, what is the approximate number of missiles fired by Hamas into southern Israel since the ceasefire? Will the Minister confirm that it is not the case that Israel and Hamas stand on exactly the same ground in international law? Israel is a fully constituted democratic sovereign state, while Hamas is a proscribed terrorist organisation, so labelled by the United States of America, the European Union, Australia and Canada.
My Lords, what is the approximate number of missiles fired by Hamas into southern Israel since the ceasefire? Will the Minister confirm that it is not the case that Israel and Hamas stand on exactly the same ground in international law? Israel is a fully constituted democratic sovereign state, while Hamas is a proscribed terrorist organisation, so labelled by the United States of America, the European Union, Australia and Canada.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
18 March 2009
My Lords, of course, the noble Lord is right on the latter point. There is a difference between a sovereign state and the Hamas rule in Gaza. That means, therefore, that the expectations, obligations and any sanctions are different in the two cases. That does not alter the fact that, when conflict of this kind has occurred, it is important that as far as possible the truth of the incidence of atrocities is identified. I do not have the figures for the numbers of rockets; I imagine the noble Lord has put it forward as being a lesser force than was wielded by the Israeli armed forces in Gaza, which is certainly so.
Subjects
Armed conflict; International law; War crimes; Israel; Palestine; Middle East; Gaza
Date
18 March 2009
Reference
709 c224
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, has the noble Lord read the judgment of Mr Justice Wyn Williams in the High Court a few days ago to the effect that an otherwise blameless cyclist not wearing protective headgear would inevitably suffer a diminution in the damages that would otherwise have been paid? Is there any good reason why the rule that has obtained since 1976 in relation to the blameless person in a motorcar not wearing a seatbelt should not apply equally to cyclists?
My Lords, has the noble Lord read the judgment of Mr Justice Wyn Williams in the High Court a few days ago to the effect that an otherwise blameless cyclist not wearing protective headgear would inevitably suffer a diminution in the damages that would otherwise have been paid? Is there any good reason why the rule that has obtained since 1976 in relation to the blameless person in a motorcar not wearing a seatbelt should not apply equally to cyclists?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
16 March 2009
My Lords, I have not read the judgment but I will consider very carefully what the noble Lord has said.
Subjects
Accidents; Bicycles; Large goods vehicles; Safety measures
Date
16 March 2009
Reference
709 c8
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, what exactly is the fundamental constitutional basis of our privileges? Do they rest on the fact of the precincts of the House being a Royal Palace, on Article 9 of the Bill of Rights of 1689 or on the inherent authority and jurisdiction of the High Court of Parliament?
My Lords, what exactly is the fundamental constitutional basis of our privileges? Do they rest on the fact of the precincts of the House being a Royal Palace, on Article 9 of the Bill of Rights of 1689 or on the inherent authority and jurisdiction of the High Court of Parliament?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
12 March 2009
My Lords, that is a very interesting question, but one which it is presently above my pay grade to answer.
Subjects
Access; House of Lords; Police; Peers; Offices; Right of search
Date
12 March 2009
Reference
708 c1265
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I have a question about Welsh institutions of higher education, and in so doing declare an interest as a former president of Aberystwyth University. The Minister may or may not recollect that for about a century the University of Wales was a federated unified institution. That is no longer the case; there are now 12 separate institutions. There is a great deal of cohesion, happily, between them, and the many modular schemes mean that there is a velocity of travel from one institution to the other. Will the Minister give an assurance that there is no question of foreign students having to apply for a refreshing of their visas in the case of such movement? Such a requirement could jeopardise very greatly the considerable enrichment, both financial and culturally, that comes from that source.
My Lords, I have a question about Welsh institutions of higher education, and in so doing declare an interest as a former president of Aberystwyth University. The Minister may or may not recollect that for about a century the University of Wales was a federated unified institution. That is no longer the case; there are now 12 separate institutions. There is a great deal of cohesion, happily, between them, and the many modular schemes mean that there is a velocity of travel from one institution to the other. Will the Minister give an assurance that there is no question of foreign students having to apply for a refreshing of their visas in the case of such movement? Such a requirement could jeopardise very greatly the considerable enrichment, both financial and culturally, that comes from that source.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2009
My Lords, if the University of Wales is on the sponsor register as the University of Wales, even with those separated units—I imagine it is, but if I am wrong I will get back to the noble Lord in writing—the answer is that the students would not have to apply each time they change. They can change courses within a particular university or unit. That is allowed for in the rules.
Subjects
Overseas students; Visas
Date
5 March 2009
Reference
708 c843-4
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is the noble Lord aware that on page 20 of the report the chief inspector makes the point that, although more than 50 per cent of all self-injury cases in prisons relate to women, women represent only 5 per cent of the total prison population? Will he give this matter his urgent attention, particularly in the context of assistance in relation to mental health and detoxification, and especially in relation to women under 21?
My Lords, is the noble Lord aware that on page 20 of the report the chief inspector makes the point that, although more than 50 per cent of all self-injury cases in prisons relate to women, women represent only 5 per cent of the total prison population? Will he give this matter his urgent attention, particularly in the context of assistance in relation to mental health and detoxification, and especially in relation to women under 21?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
3 March 2009
My Lords, as always, the noble Lord makes a good point. I take this opportunity to say that, if any noble Lords are interested, immediately after Questions in Committee Room 2 I shall be showing a DVD on working with women prisoners. I strongly invite all noble Lords who are interested in this to come and see it. I have watched it and it is very moving. It makes a point about the particular problems relating to women prisoners. Of course, we have the huge advantage of the report of my noble friend Lady Corston, which we are in the process of implementing.
Subjects
Inspections; HM Inspectorate of Prisons; Prisons; Safety
Date
3 March 2009
Reference
708 c612-3
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the Minister accept that those bankers who have recklessly exposed their investors’ money have come very near to committing moral theft? In so far as the criminal law boundary is concerned, Section 6 of the Theft Act 1968 stipulates that a person who intends to deal with the property of another as if it were his own to dispose of, regardless of that person’s rights, commits an act that is tantamount to theft.
My Lords, does the Minister accept that those bankers who have recklessly exposed their investors’ money have come very near to committing moral theft? In so far as the criminal law boundary is concerned, Section 6 of the Theft Act 1968 stipulates that a person who intends to deal with the property of another as if it were his own to dispose of, regardless of that person’s rights, commits an act that is tantamount to theft.
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
25 February 2009
My Lords, I have said in the past that a small number of banks globally have acted in a reckless, witless and feckless manner. Whether there has been a breach of criminal or company legislation will be a matter for prosecuting authorities and for subsequent directors of those organisations. I am sure that, given the extent to which there have been significant changes in boards of directors, they will be looking at past matters to determine whether any action is required.
Subjects
Directors; Financial services; Financial institutions; Ethics; Corporate governance
Date
25 February 2009
Reference
708 c201-2
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, can the noble Lord tell the horse—
My Lords, shall I try again? Can the noble Lord tell the House what was the basic rationale that caused Peers to be disenfranchised side by side with felons, enemy aliens and lunatics, and does that rationale still hold water?
My Lords, can the noble Lord tell the horse—
My Lords, shall I try again? Can the noble Lord tell the House what was the basic rationale that caused Peers to be disenfranchised side by side with felons, enemy aliens and lunatics, and does that rationale still hold water?
Asked by
Lord Elystan-Morgan
(Crossbench)
Oral questions - Supplementary
Status
Answered
Answered on
23 February 2009
My Lords, I thought that that question might arise, and here is the answer. Parliament consists of three estates: the Sovereign, the Lords and the Commons. The Lords sit in their own right while Members of the Commons are elected by the remainder of the estate of commoners to represent them in Parliament. There was therefore no case for the Lords to vote to elect representatives since they were able to sit in Parliament anyway. Further, even if they had voted, they did not belong to the estate from which the Commons was elected and which it represented. I should add that the great American president, Thomas Jefferson, had another view on why the Commons passed this declaration in 1699, but I shall not trouble the House with it today.
Subjects
House of Lords; General elections; Peers; Voting rights
Date
23 February 2009
Reference
708 c2-3
Chamber / Committee
House of Lords chamber
House
House of Lords