(5 years, 5 months ago)
Lords ChamberMy noble friend makes a very strong point. I am deeply concerned at the growing rift between Parliament and the people, with the refusal to accept the people’s judgment, whether you agree with it or not. A very clear judgment was made in the referendum. There is a real danger that undesirable but very often understandable insurrectionary forces will feel that they cannot trust the British Parliament or the British constitution, and a very ugly situation could well arise. Therefore, my noble friend is absolutely right.
My Lords, I had not planned to speak, but I am literally moved to tell your Lordships what my feelings are. I have spent 55 years teaching and studying law, including constitutional law. If you want to know how effective I am, I have had in my lectures the noble Baroness, Lady Chakrabarti, the former Prime Minister Tony Blair and the noble Lord, Lord Pannick. The point about studying law—and probably many people in this House practise or have practised as lawyers—is that you internalise respect for the rule of law.
The noble Lord, Lord Lawson, explained about us not having a written constitution. Our constitution works only because of trust. Why do we accept the authority of the Lord Speaker, whoever he or she may be? Why do we accept the rulings of the clerks, disguised as they are in their wigs? It is because we trust them and because this has gone on for centuries. It is not a question of personalities; it is a question of the role that people fill. Each Session we take an oath, standing by the Dispatch Box, to be loyal to the Queen and, implicitly, to uphold the law. Why do judges not interfere with the proceedings of Parliament? There is no question of anyone challenging this law if it goes through today because the judges accept that Parliament deserves their trust. We trust the judges and they trust Parliament, and if that breaks down, the whole system breaks down. Not only is the constitution being damaged and trashed today but we have been subjected to gagging orders. I am speaking now because I think that, if I wait another five minutes, there will be another Motion to stop us talking.