My Lords, the Minister mentioned three possible avenues for compensation. I think she would accept that the largest award is likely to be if there is a civil claim, rather than the other two avenues. Can she help the House with who the potential defendants in such a claim might be? I am not asking for her legal advice but for some general guidance if this is to be a realistic remedy.

My Lords, the Minister mentioned three possible avenues for compensation. I think she would accept that the largest award is likely to be if there is a civil claim, rather than the other two avenues. Can she help the House with who the potential defendants in such a claim might be? I am not asking for her legal advice but for some general guidance if this is to be a realistic remedy.

My Lords, the Government have rightly made it clear that we should be prepared for conflict if necessary. Unfortunately, they, and indeed the previous Government, have gathered a reputation for so-called legal freeloading, in other words, being restrained by an interpretation of international law which has often made it difficult for our troops to perform in the way they would want. Can the Minister assure me that there has been a thorough analysis of our legal obligations in the face of the possibility of war, so that our troops, as well as facing difficulties that they are bound to face, do not find themselves walking into a legal minefield?

My Lords, the Government have rightly made it clear that we should be prepared for conflict if necessary. Unfortunately, they, and indeed the previous Government, have gathered a reputation for so-called legal freeloading, in other words, being restrained by an interpretation of international law which has often made it difficult for our troops to perform in the way they would want. Can the Minister assure me that there has been a thorough analysis of our legal obligations in the face of the possibility of war, so that our troops, as well as facing difficulties that they are bound to face, do not find themselves walking into a legal minefield?

My Lords, I welcome the prospect of a returns agreement with Iraq, but some of those who come across from Iraq on boats may not be anxious to return, for one reason or another. They may, of course, get rid of their passports and conceal where they came from. Do the Government have any idea how to deal with that problem?

My Lords, I welcome the prospect of a returns agreement with Iraq, but some of those who come across from Iraq on boats may not be anxious to return, for one reason or another. They may, of course, get rid of their passports and conceal where they came from. Do the Government have any idea how to deal with that problem?

My Lords, in other areas of the law of limitation of actions, courts do not necessarily have a hard and fast line: the court is given a discretion to disapply the limitation period depending on the particular circumstances. Does the Minister think that that would be a helpful way of dealing with what can be a real injustice?

My Lords, in other areas of the law of limitation of actions, courts do not necessarily have a hard and fast line: the court is given a discretion to disapply the limitation period depending on the particular circumstances. Does the Minister think that that would be a helpful way of dealing with what can be a real injustice?

My Lords, I congratulate the noble Lord on his appointment. He is of course doubly there—he is not only elected but appointed, which gives him particular status on the Front Bench. I sympathise greatly with his position in the Ministry of Justice, which he will much enjoy. He will remember the terms of the amendment put down to the then Economic Crime and Corporate Transparency Bill; it was a start, but will he agree that it is important that we have really muscular legislation? Can he bear in mind that his own Foreign Secretary said that these SLAPPs have the effect of

“stifling effectively not just the rule of law and freedom of speech, but particularly going to journalists doing their job”?

My Lords, I congratulate the noble Lord on his appointment. He is of course doubly there—he is not only elected but appointed, which gives him particular status on the Front Bench. I sympathise greatly with his position in the Ministry of Justice, which he will much enjoy. He will remember the terms of the amendment put down to the then Economic Crime and Corporate Transparency Bill; it was a start, but will he agree that it is important that we have really muscular legislation? Can he bear in mind that his own Foreign Secretary said that these SLAPPs have the effect of

“stifling effectively not just the rule of law and freedom of speech, but particularly going to journalists doing their job”?

My Lords, we are all extremely grateful for the task that jurors perform extremely conscientiously, but there is a very significant backlog in the Crown Courts at the moment of people awaiting trial by jury. Have the Government considered the possibility of allowing a defendant to elect to be tried either by a judge—or by a judge and two magistrates—if he or she wants to do so? Further to what the noble Lord, Lord Watts, asked, is it not the case that, as long

ago as about 50 years ago, Lord Roskill recommended the possibility of trial by judge alone in difficult and complex financial cases? Is that a matter that the Government are thinking about further?

My Lords, we are all extremely grateful for the task that jurors perform extremely conscientiously, but there is a very significant backlog in the Crown Courts at the moment of people awaiting trial by jury. Have the Government considered the possibility of allowing a defendant to elect to be tried either by a judge—or by a judge and two magistrates—if he or she wants to do so? Further to what the noble Lord, Lord Watts, asked, is it not the case that, as long

ago as about 50 years ago, Lord Roskill recommended the possibility of trial by judge alone in difficult and complex financial cases? Is that a matter that the Government are thinking about further?

My Lords, the Minister will know well that one of the themes that emerged during our debates on the Economic Crime and Corporate Transparency Bill was the inequality of bargaining power that often existed between the agencies that have to pursue fraudsters and those fraudsters, who were often heavily lawyered-up to enable them to resist any applications. One of the initiatives brought forward by this Government under the Criminal Finances Act was unexplained wealth orders. Can the Minister explain why they have been used on so few occasions? Is it because of lack of resources? Is it because of the risk on costs? What other explanation is there for such a powerful potential weapon not being utilised?

My Lords, the Minister will know well that one of the themes that emerged during our debates on the Economic Crime and Corporate Transparency Bill was the inequality of bargaining power that often existed between the agencies that have to pursue fraudsters and those fraudsters, who were often heavily lawyered-up to enable them to resist any applications. One of the initiatives brought forward by this Government under the Criminal Finances Act was unexplained wealth orders. Can the Minister explain why they have been used on so few occasions? Is it because of lack of resources? Is it because of the risk on costs? What other explanation is there for such a powerful potential weapon not being utilised?

My Lords, it is most important that we maintain a good relationship with the European Court of Human Rights. The context of this Question follows the decision of the judges in this jurisdiction about the flights to Rwanda. An anonymous judge then gave a ruling that, on the face of it, was not entirely compliant with natural justice. However, is it not right to say that the Home Secretary entirely accepted that ruling? There was no question of ignoring it. The Government have proceeded by trying to improve the process in a way that is more satisfactory and complies with most people’s notions of how interim relief ought to be obtained.

My Lords, it is most important that we maintain a good relationship with the European Court of Human Rights. The context of this Question follows the decision of the judges in this jurisdiction about the flights to Rwanda. An anonymous judge then gave a ruling that, on the face of it, was not entirely compliant with natural justice. However, is it not right to say that the Home Secretary entirely accepted that ruling? There was no question of ignoring it. The Government have proceeded by trying to improve the process in a way that is more satisfactory and complies with most people’s notions of how interim relief ought to be obtained.

My Lords, further to what the noble Lord, Lord Storey, said, in fact the amount that NHS Resolution has reserved for claims is £83 billion. May I suggest to the Minister that, as well as looking at Section 2(4), which I am sorry to say the Government do not seem to be looking at, they review the question of the discount rate, among other things, which has resulted in such huge claims? They should also bear in mind the effect that these claims have on clinical practice. I declare an interest as having practised in this area for the last 30 years.

My Lords, further to what the noble Lord, Lord Storey, said, in fact the amount that NHS Resolution has reserved for claims is £83 billion. May I suggest to the Minister that, as well as looking at Section 2(4), which I am sorry to say the Government do not seem to be looking at, they review the question of the discount rate, among other things, which has resulted in such huge claims? They should also bear in mind the effect that these claims have on clinical practice. I declare an interest as having practised in this area for the last 30 years.

My Lords, Part 1 of LASPO, referred to by the noble Lord, Lord Bach, covers third-party funding by the state. But there is another source of third-party funding: that is, those who invest in litigation, which is a growing field. It used to be unlawful. Many are concerned that it distorts the whole business of litigation. Can my noble and learned friend the Minister tell me whether this is a matter for consideration, either in this report or generally by the Ministry of Justice, and whether there is not room for more regulation of this area?

My Lords, Part 1 of LASPO, referred to by the noble Lord, Lord Bach, covers third-party funding by the state. But there is another source of third-party funding: that is, those who invest in litigation, which is a growing field. It used to be unlawful. Many are concerned that it distorts the whole business of litigation. Can my noble and learned friend the Minister tell me whether this is a matter for consideration, either in this report or generally by the Ministry of Justice, and whether there is not room for more regulation of this area?

My Lords, I am sure that the whole House deprecates the use of non-disclosure agreements to bully employees or former employees, and appreciates that the Government are looking carefully at this. However, does my noble and learned friend agree that non-disclosure agreements originally came

into being to protect, quite legitimately, trade secrets and other matters that it was in the interest of both parties should remain secret? I hope that the Government will bear that in mind when deciding what to do in this area.

My Lords, I am sure that the whole House deprecates the use of non-disclosure agreements to bully employees or former employees, and appreciates that the Government are looking carefully at this. However, does my noble and learned friend agree that non-disclosure agreements originally came

into being to protect, quite legitimately, trade secrets and other matters that it was in the interest of both parties should remain secret? I hope that the Government will bear that in mind when deciding what to do in this area.

My Lords, I understand that the walkout from the inquiry was because of a sense that it was important that the individual police officers were identified by name. Will the Minister confirm that, by definition, undercover police officers have a cover name, and that, whatever the importance of getting to the bottom of what went on in this inquiry, it is important that they retain anonymity, because that is a pre-eminent part of what they do?

My Lords, I understand that the walkout from the inquiry was because of a sense that it was important that the individual police officers were identified by name. Will the Minister confirm that, by definition, undercover police officers have a cover name, and that, whatever the importance of getting to the bottom of what went on in this inquiry, it is important that they retain anonymity, because that is a pre-eminent part of what they do?

To ask Her Majesty's Government what assessment they have made of Russian threats to individuals residing in the United Kingdom, following the suspected poisoning of Sergei Skripal.

To ask Her Majesty's Government what assessment they have made of Russian threats to individuals residing in the United Kingdom, following the suspected poisoning of Sergei Skripal.

My Lords, the Minister will remember—because she took the Criminal Finances Bill through this House—the concern expressed around the House about the torrent of dirty money from Russia into this country. Beyond that, BuzzFeed estimates that there have been up to 14 suspected murders involving Russia. Now we have the incident of Sergei Skripal. These represent outrageous violations by Russia of the rule of law. Can the Minister tell the House what she thinks is the appropriate diplomatic response?

My Lords, the Minister will remember—because she took the Criminal Finances Bill through this House—the concern expressed around the House about the torrent of dirty money from Russia into this country. Beyond that, BuzzFeed estimates that there have been up to 14 suspected murders involving Russia. Now we have the incident of Sergei Skripal. These represent outrageous violations by Russia of the rule of law. Can the Minister tell the House what she thinks is the appropriate diplomatic response?

My Lords, I have acted for the NHS and the MDU on a number of occasions. However, perhaps the Minister will help me. One of the reasons why these claims have increased in value is because of the rather mysterious decision by the Government to alter the discount rate, which has often resulted in the doubling of the size of claims. Can he tell the House whether the Government are seriously considering placing a cap or tariff on damages, as is often done in other jurisdictions? That would not only clarify the amount of damages obtained, but significantly reduce the legal costs involved in such disputes.

My Lords, I have acted for the NHS and the MDU on a number of occasions. However, perhaps the Minister will help me. One of the reasons why these claims have increased in value is because of the rather mysterious decision by the Government to alter the discount rate, which has often resulted in the doubling of the size of claims. Can he tell the House whether the Government are seriously considering placing a cap or tariff on damages, as is often done in other jurisdictions? That would not only clarify the amount of damages obtained, but significantly reduce the legal costs involved in such disputes.

Would the Minister agree with me that one of the encouraging features about jobs and careers for prisoners is the number of times employers

from the private sector engage prisoners, while they are still in prison, who turn out to be satisfactory employees who then continue that employment when they leave?

Would the Minister agree with me that one of the encouraging features about jobs and careers for prisoners is the number of times employers

from the private sector engage prisoners, while they are still in prison, who turn out to be satisfactory employees who then continue that employment when they leave?

My Lords, my noble friend Lady Stowell referred to the problem with lawyers. This is a problem that has emerged particularly in Hollywood, where a very powerful industry, which unfortunately has been responsible for exploiting often young women in particular, has allowed them to obtain at least some form of legal advice, but there has nevertheless been a considerable inequality of bargaining power between the two. Does my noble friend not think that the Government ought to be looking at a presumption that unless there is equality of bargaining power, these sorts of agreements should be unenforceable?

My Lords, my noble friend Lady Stowell referred to the problem with lawyers. This is a problem that has emerged particularly in Hollywood, where a very powerful industry, which unfortunately has been responsible for exploiting often young women in particular, has allowed them to obtain at least some form of legal advice, but there has nevertheless been a considerable inequality of bargaining power between the two. Does my noble friend not think that the Government ought to be looking at a presumption that unless there is equality of bargaining power, these sorts of agreements should be unenforceable?

My Lords, I know that the House wants to hear from the author of Article 50, and of course it should. However, whatever the subjective interpretation he may have of Article 50, it is ultimately a question of objective interpretation. Will the Minister agree with me that whatever the advice may be in respect of Article 50—if there is indeed advice—it is a matter ultimately for the European Court of Justice, and we do not know what it will decide?

My Lords, I know that the House wants to hear from the author of Article 50, and of course it should. However, whatever the subjective interpretation he may have of Article 50, it is ultimately a question of objective interpretation. Will the Minister agree with me that whatever the advice may be in respect of Article 50—if there is indeed advice—it is a matter ultimately for the European Court of Justice, and we do not know what it will decide?

My Lords, during the passage of the Criminal Finances Bill, a great deal of concern was expressed around the House about the number of properties, particularly in central London, being acquired by anonymous foreign owners, often using corrupt proceeds of crime. Can the Minister update the House on what is happening with unexplained wealth orders and, indeed, with the proposed register of foreign owners of property here in London? It is time we kept the momentum going on this.

My Lords, during the passage of the Criminal Finances Bill, a great deal of concern was expressed around the House about the number of properties, particularly in central London, being acquired by anonymous foreign owners, often using corrupt proceeds of crime. Can the Minister update the House on what is happening with unexplained wealth orders and, indeed, with the proposed register of foreign owners of property here in London? It is time we kept the momentum going on this.

My Lords, does my noble friend agree that one thing is crystal clear: as a result of our no longer being subject to the CJEU, we will equally not be subject to the European Charter of Fundamental Rights—a document to which the party opposite said we were not bound? None the less, the ECJ took a different view, as a result of which there was a great deal of expensive litigation and confusion in the law. I hope my noble friend will confirm that that will be the end of that.

My Lords, does my noble friend agree that one thing is crystal clear: as a result of our no longer being subject to the CJEU, we will equally not be subject to the European Charter of Fundamental Rights—a document to which the party opposite said we were not bound? None the less, the ECJ took a different view, as a result of which there was a great deal of expensive litigation and confusion in the law. I hope my noble friend will confirm that that will be the end of that.