HL Deb 20 October 1998 vol 593 cc137-8WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the constitutional conventions maintaining and protecting the separation of powers mean that the Lord Chancellor should not sit in his judicial capacity in the determination of cases in which the Government have an interest or where constitutional or political issues are involved. [HL3356]

The Lord Chancellor (Lord Irvine of Lairg)

When exercising his judicial functions the Lord Chancellor is bound by his judicial oath. Discretion is exercised in determining the cases in which he sits in his judicial capacity, as a safeguard against any perception of partiality or conflict of interest. It is not, however, desirable to lay down any rigid rules. Lord Chancellors have, for example, frequently sat in criminal and tax appeals. Where cases arise in which the Government or a Minister has an interest as a party litigant, or in which constitutional or political issues are involved, I will exercise my discretion so as not to sit where I consider that it would be inappropriate or improper to do so.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that, in accordance with the constitutional conventions maintaining and protecting the separation of powers, the Lord Chancellor should not sit in his judicial capacity in constitutional and human rights cases arising under the Human Rights Bill, the Scotland Bill, the Northern Ireland Bill and the Government of Wales Act 1998. [HL3357]

The Lord Chancellor

When exercising his judicial functions the Lord Chancellor is bound by his judicial oath. Where constitutional or human rights cases, arising under the legislation to which the noble Lord refers, come before the Judicial Committee of the Privy Council, or this House in its judicial capacity, I will exercise my discretion not to sit where I consider it would be inappropriate or improper to do so. I have no doubt that any future Lord Chancellor will do likewise. It is not, however, desirable to lay down any rigid rules.