HC Deb 03 February 1997 vol 289 cc671-2
30. Mr. Gordon Prentice

To ask the Parliamentary Secretary, Lord Chancellor's Department what guidance he (i) has issued and (ii) plans to issue to judges on the subject of public statements on (a) constitutional matters and (b) other matters of current party political controversy. [12247]

Mr. Streeter

In accordance with the principle of judicial independence, my right hon. and noble Friend the Lord Chancellor made it clear in advice issued in 1989 that it is for each judge to decide individually whether to make public statements. A copy of that advice, which was sent to every judge at the time and is sent to new judges on appointment, is available in the Libraries of both Houses.

Mr. Prentice

Do not judges feel that their independence is being compromised, as Lord Ackner very recently said in another place? Will the Minister join me in condemning the views of the chairman of the Conservative party, the Minister without Portfolio, the right hon. Member for Peterborough (Dr. Mawhinney), who was exhorting members of the public to write to judges and seek to intimidate them if they handed down sentences that were considered too light? Is it not about time that we took the appointment of judges away from politicians and instituted an independent system for appointing members of the judiciary? Will not many judges otherwise be fearful mat, if they speak out on controversial matters, they will be blackballed by the Government and not promoted?

Mr. Streeter

That was a fairly extraordinary outburst. On appointment in 1987, my right hon. and noble Friend the Lord Chancellor relaxed the rules to enable judges to speak out on issues of the day. It is important that experienced and senior judges speak out, express their opinions and take a full part in debates in the House of Lords. If the hon. Gentleman expects me to condemn my right hon. Friend, the chairman of the party, he is living in a fantasy land. It is important that members of the public make their views known, if they feel that sentences passed in local communities are not appropriate, by going to see or writing to their Members of Parliament. That is what we call democracy, and Conservative Members actually believe in it.

Sir Ivan Lawrence

Does my hon. Friend agree that it would be far better for the respect with which the judiciary is held if it were never tempted to get into any party political arena and never given the opportunity to do so?

Mr. Streeter

My hon. and learned Friend makes a valuable point. It is not appropriate for members of the judiciary to involve themselves in party politics; I am not aware that they are doing so. It is important, none the less, that debates on issues in which they have experience are enriched by their contribution. That has happened in the past and we look forward to it happening in the future.