The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)

My Lords, as with the groups on 27 February, I have structured this speech by grouping amendments by theme rather than taking them in order. This is in the interests of dealing with them as quickly as possible. If anything needs a longer explanation then I will take interventions, but it would be a more effective use of time if noble Lords wrote to me so that I could try to give a fuller and more detailed explanation. I will begin with some observations about the legal implications of some of the amendments, then outline what the Government see as operational workability issues presented by some of the amendments. Finally, there will be some brief drafting considerations. I shall continue to limit my comments to amendments on which the Government have major legal, technical or operational workability concerns. I remain happy to write to any of your Lordships who have further questions relating to the workability of any amendment and will place a copy in the House Library. The Government’s position remains that it is for Parliament to consider the policy. I will therefore not provide a government view on the merits of any proposed changes or make any observations in a personal capacity. When we were last in Committee, the noble Baroness, Lady Fox, raised how the Government plan to implement this Bill; she was not alone in doing so but she mentioned it specifically. We have not undertaken detailed implementation work as that would precede the parliamentary process. Should Parliament pass the Bill, the Government will undertake detailed work to develop a delivery model and on workforce planning, engaging with stakeholders and delivery partners, including the judiciary. I turn first to legal considerations and specifically the compatibility of some of the amendments with the European Convention on Human Rights. The articles in question are Article 6 and Article 8. I turn first to Article 6 risk. There are four amendments in this group which, in the Government’s opinion, may interfere with a person’s right to a fair trial under Article 6. The first is Amendment 499, in the name of the noble Baroness, Lady Finlay of Llandaff, which would introduce a route to annulment of a certificate of eligibility where material circumstances have changed. However, it requires further detail about the process, so it is difficult for us properly to assess it at the moment. The Government have concerns that Amendment 498, in the name of the noble Baroness, Lady Grey-Thompson, would prohibit any further referral to a panel where the commissioner has previously dismissed the individual’s application to review a panel decision. This has the potential to breach Article 6 in circumstances where a material change has subsequently arisen.