HL Deb 07 July 2000 vol 614 cc163-4WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Statement by the Lord Bingham of Cornhill on behalf of the Lords of Appeal in Ordinary on 22 June, whether it is intended that the Lord Chancellor, as a Lord of Appeal, will be guided by the principles contained in the statement when deciding (a) whether to participate in debates and votes in the House of Lords and (b) his eligibility to sit as a Lord of Appeal in particular cases or categories of case. [HL3030]

The Lord Chancellor (Lord Irvine of Lairg)

Special considerations apply to the Lord Chancellor, which have already been set out in oral and written Answers and in debate in the House. I refer the noble Lord to theOfficial Report, col. 710–739 on 17 February 1999; col. 1060–1063 on 24 June 1999; WA 33 on 23 February 2000; and col. 655–657 on 2 March 2000. The Lord Chancellor, in common with the Lords of Appeal in Ordinary, will bear in mind that he might render himself ineligible to sit judicially if he were to express an opinion on a matter which might later be relevant to an appeal to the House.

Likewise, in deciding whether he is eligible to sit on an appeal, in common with the Lords of Appeal in Ordinary, he will be guided by the same principles as apply to all judges. These principles were restated by the Court of Appeal in the case of Locabail (UK) Ltd v. Bayfield Properties Ltd and others and four other actions [2000 1 All E.R. (CA)].