HL Deb 18 November 1998 vol 594 cc159-60WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider a judge's removal from office to involve a determination of civil right within the meaning of Article 6(1) of the European Convention on Human Rights, namely the right to a reputation; and, if not, why not. [HL3733]

The Lord Chancellor

Any actual case of this kind would be decided as a matter of law and on its merits by the courts at the time. However, Her Majesty's Government do not consider that it is likely that such a removal would fall within Article 6(1). My noble and learned friend the Lord Advocate set out the reasons for this during the Report stage of the Scotland Bill (Official Report, 2 November, col. 67). There is nothing that the Government would wish to add.