§ Lord Marlesfordasked the Lord Chancellor:
Whether the outside interests of the Lords of Appeal are taken into account in deciding which of them should hear a particular case in the House of Lords. [HL260]
§ The Lord ChancellorThere has been no formal procedure within the House of Lords in its judicial capacity for ensuring that a Law Lord does not sit where there exists any appearance of conflict of interest arising from his sitting. Any Law Lord, however, intended to sit on a committee hearing an appeal to the House of Lords in its judicial capacity would have considered whether there existed any appearance of conflict of interest arising from his sitting which should be disclosed to the parties; and, if he so considered, would disclose it to them and if any party objected a determination would be made whether or not he should sit.
For the future I have requested the senior Law Lord, or the senior Law Lord in the chair, to ensure that at the time when any committee is being composed, its proposed members will consider together whether any of their number might appear to be subject to a conflict of interest; and, in order to ensure the impartiality, and the appearance of impartiality, of the committee, to require any Law Lord to disclose any such circumstances to the parties and not sit if any party objects and the committee so determines.