§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether there is any constitutional convention governing the Lord Chancellor's power to decide which appeals are heard by the Appellate Committee or to determine the composition of the Appellate Committee to hear appeals. [HL2776]
§ The Lord Chancellor (Lord Irvine of Lairg)There is no such convention. Decisions as to which appeals are to he heard, where the court below has refused leave, are not made by the Lord Chancellor but by the Appeal Committee. The Lord Chancellor chairs the Appeal and Appellate Committees, but in practice he does not attend the Appeal Committee and delegates to the Senior Law Lord the day-to-day management of judicial business, including the composition of the committees.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether there is any constitutional convention whereby the Lord Chancellor will follow the advice of the Senior Law Lord or Law Lords collectively as 78WA regards the Lord Chancellor's participation as a member of the Appellate Committee in certain categories of case or particular cases. [HL2777]
§ The Lord ChancellorThere is no such convention.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the Lord Chancellor would follow the advice of the Senior Law Lord or Law Lords collectively in regard to his participation as a member of the Appellate Committee in certain categories of case or particular cases. [HL2778]
§ The Lord ChancellorThe Lord Chancellor could not bind himself in advance to follow the advice of another judge on questions which he has to decide for himself as and when they arise.