10 Matching Annotations
  1. Feb 2019
    1. since the convents where some had been educated had been disbamlcd long ago by Henry Vlll,

      I feel like this shows us definitively that "Protestant Nunnery" was a positive thing which filled a gap that was left when Henry VIII told the pope to get lost and subsequently all the convents sort of fell apart

  2. Mar 2018
    1. “Appropriate” is another one. It is a word that creates space when we do not want to be precise—but when you are dealing with matters of law you need precision
    2. I anticipate that the test of necessity will be an easier one to apply for those entrusted with the power than the test of what is appropriate. The latter involves an element of judgment, which is not always easy to exercise;
    3. I agree with the passionate remarks of my good friend, the noble Lord, Lord Cormack, about the dangers facing this Parliament—mainly the other House, of course, but also this one—in allowing these dangerous provisions to go through without any amendment
    4. When the bus with “£350 million a week” was going around the country, and when those who emerged from it, including the blonde bus conductor, told people, “We want to take power back from the European Union and Brussels”, no one said, “We want to take power back so we can give it to 109 Ministers or public authorities”. If they had said that, I rather fancy that the bus would not have received the generous welcome that it did on many occasions.
    5. As to the distinction between “appropriate” and “necessary”, the suggestion I have heard that Ministers do not realise they are open to legal challenge is, I think, quite wrong. Ministers are well aware that they might be open to legal challenge, and that is why they prefer “appropriate” to “necessary”. It gives them a “plump legal cushion”—that wonderful expression of the noble Lord, Lord Wilson—behind which they can hide.
    6. Then there was the Strathclyde review. Let us not forget what happened in 2015 when this House was criticised for flexing its political muscle. The review said that we should,“understand better the expectations of both Houses when it comes to secondary legislation and, in particular, whether the House of Lords should retain its veto”.We were openly bullied and told, “Don’t you dare challenge a statutory instrument again”. In fact, I remember in that debate, the Government went so far as to say, “You are threatening the very existence of this House if you threaten us any more”. Now we have the potential for thousands and thousands of statutory instruments. Are we going to challenge every one of them and threaten our very existence every day? Do Henry VIII clauses give Governments the power of royal despots?

      they're quite angry....

    7. “Appropriate” is so bland, broad and subjective as to be almost meaningless, as has been said, and it gives the Minister excessive influence and discretion. “Necessary”, by contrast, is more specific and requires justification—and I believe that the courts prefer to handle litigation over “necessary” than “appropriate”, for reasons one can understand. Clause 7 is stuffed with powers that need to be addressed in this way.
    8. The Bill confers on Ministers wider Henry VIII powers than we have ever seen”,
    9. These amendments would tighten, in two ways, the threshold which the Minister of the Crown has to reach in order to be able to exercise the powers. They would tighten it by providing, first, that the powers could be used only where it was “necessary” to use them, not where it was considered “appropriate”. Secondly, they would give an objective test for whether the use of the powers was necessary, rather than the subjective test of whether the Minister considered it appropriate.