§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the Lord Chancellor's judicial and administrative functions have changed as a result of the coming into force of the Human Rights Act 1998; and, if so, in what way. [HL2434]
§ The Lord Chancellor (Lord Irvine of Lairg)The functions themselves have not changed as a result of the coming into force of the Human Rights Act. Reviewing my practice to ensure that the functions are exercised compatibly with the convention is a process which predates the Act and which continues. For example, I responded to the Scottish case ofStarrs and Chalmers by reviewing the terms on which part-time judges were appointed in order to enhance their security of tenure. This exercise was completed before the Act came into force. It involved putting in place administrative arrangements governing how part-time judges might be removed for cause, compatibly with the Act and with the concurrence of the Lord Chief Justice.
However, the Act brings the convention into sharp focus for all public authorities, including myself and my department. Convention rights are a major factor guiding what we do, and in the development of policy in those areas for which I have ministerial responsibility.