Some would have preferred to remove clause 9 altogether - but given the national security reasons advanced for it (and the flat rejection of numerous other @UKHouseofLords amendments), that was never going to be accepted by the Govt or the elected House. /2
Others would have liked to curtail the substantive citizenship deprivation power, perhaps by taking it back to its 2003 limits: I had some sympathy for this, but it was never voted on and is a much broader issue than the clause 9 issue of withholding notice. /3
In my opinion, a clause 9 deal that provides for judicial oversight, regular review of each case, extended appeal times and a right to be informed of your status on request is a good one in the circumstances. /4
It introduces significant safeguards which should give genuine reassurance to those who feared the uncontrolled and arbitrary exercise of the Secretary of State’s power to act without notice. /5
Extended appeal times and the right to be informed will also apply (by analogy) to those whose citizenship rights were removed under the pre-existing law. Those people also maintain their substantive rights of appeal, despite the retention in the Bill of clauses 9(5)-(7). /6
To summarise, in an imperfect world I suspect we have pushed the Govt as far as is feasible. I am content that my amendments to clause 9 will feature in the Bill. Any further issues raised by others will be subject to trial by 🏓. /7 ends
Why was the power to deprive on “conducive to the public good” grounds exercised more than 100 times in 2017, far more than in any other year (though figures for 2019-2021 are not yet available)?
And an interesting admission that the notification requirement which HMG seeks to remove by clause 9 of the bill has only once stood in the way of the deprivation power (in the D4 case which @SayeedaWarsi and I referred to in our 2nd reading speeches hansard.parliament.uk/Lords/2022-01-…).
Furore over HMG public order defeats should not distract from other important changes to #PCSCBill made by @UKHouseofLords last night: urgent review into spiking and injections,making misogyny an aggravating factor in sentencing many crimes (as a racial element already is) … /1
… imposing a statutory duty duty of candour on police, and scrapping the Vagrancy Act 1824 which makes it a crime to beg or sleep rough. /2
Those changes will go back to @HouseofCommons, which can accept them, amend them or play us at ping-pong (which they always win if they are sufficiently determined: we always defer in the end to the elected House). /3
Just attended an online Covid briefing with Sir Patrick Vallance, Chris Whitty &c. Only MPs and peers - almost 450 of us. Questions were uniformly concise, courteous, pertinent, well-informed and non-political: better on each count than we usually hear at press conferences. /1
Lots of fair challenges, esp on messaging. How can omicron be "doubling daily" when figures look stable? Publish staff absence rates, given it's a crucial issue? Map vaxed/non-vaxed hospital cases against vaxed/non-vaxed numbers in each age cohort, to make the case for vax? /2
Parliamentarians are right to push these points on behalf of an engaged and intelligent public - the scientists benefit, even when they have answers, and MPs can use what they learn to inform constituents and hold government effectively to account. /3
CHIS = covert human intelligence source legislation.gov.uk/ukpga/2000/23/…: put simply, an agent who for whatever reason (personal, financial, even patriotic) agrees to help the police, MI5 or others spy on suspected criminals. They are authorised under #RIPAlegislation.gov.uk/ukpga/2000/23/… /2
CHIS play a vital role in disrupting terrorism and organised crime. Over the past year, CHIS operations by @metpoliceuk alone are claimed to have led to 3500 arrests, recovery of 100 firearms and 400 other weapons, seizure of 400 kg of Class A drugs, and £2.5m cash. /3
It may have solved their political problems, at least in the Commons, but does not solve their legal ones. /2
The threat unilaterally to rip up important parts of the Withdrawal Agreement continues at least arguably to infringe the duty in article 5 WA to “refrain from any measures which could jeopardise the attainment of the objectives of this agreement”. /3
The fullest defence yet of #InternalMarketBill (contingent powers only; Brandon Lewis wrong) was given by Lord Keen at the start of today's @LordsEUCom Justice meeting. Video here, parliamentlive.tv/Event/Index/e2… transcript in a few days. A court commitment stopped me attending, sadly.
He took the same line as at today's PNQ hansard.parliament.uk/lords/2020-09-…, but had more time to set it out. In short #IMBill gives UK powers that may be needed to respond to a fundamental breach by EU of the WA or to exercise our rights under Art 16 of the NI Protocol or Art 62 VCLT.
Those conditions are not specified in the Bill (which is far broader than Keen's explanation could justify), and there was no evidence that HMG's fears are realistic or that this is a wise negotiating strategy. But intellectually, an improvement on previous defences (a low bar).