Strathclyde Review

Debate between Baroness Evans of Bowes Park and Lord Lang of Monkton

Thursday 17th November 2016 Lords Chamber

[Baroness Evans of Bowes Park]

I entirely agree with the noble Lord that this House has a vital role to play, but we must remember that the elected House has the final say, because it is the elected House. What we can do is add our voice and our expertise to ensure that opinions are reflected, and that we can improve legislation—but we are reliant on the House’s self-regulation and discipline to achieve that. As I said, I believe that we are constructive and we work well together—but if that breaks down, we will have to reflect on what that means.

[Lord Lang of Monkton (Con)]

My Lords, I am not at all averse to joining in universal congratulations where they are deserved, and I warmly congratulate my noble friend on her role in helping to bring a sensible conclusion to this matter. This House works best, in a bicameral parliamentary democracy, when each House understands and respects the powers, responsibilities and limitations of the other. I hope that as a result of this past confrontation, now resolved, there will be greater understanding in the future. The suggestion by the noble Baroness, Lady Hayman, of further consultation between the Houses may well offer an appropriate way forward.

As for secondary legislation, I assure your Lordships that your Constitution Committee has made this a long-running campaign for improvement. This is a besetting sin of successive Governments—it is by no means confined to the present Government—and I would suggest one way forward to my noble friend: if the Government would take a self-denying ordinance over ever inserting primary legislation into delegated secondary legislation, that would be a good start.

[Baroness Evans of Bowes Park]

I do not want to give answers that diminish the enthusiasm we are showing today, but I shall not make promises I cannot keep. I add my thanks for the work of the Constitution Committee, both for its report on this review and for its wider work, which is extremely valuable and well respected.

Judiciary: Independence

Debate between Baroness Evans of Bowes Park and Lord Lang of Monkton

Tuesday 15th November 2016 Lords Chamber

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, it is the turn of the Conservative Benches.

[Lord Lang of Monkton]

My Lords, does my noble and learned friend recall that in the report referred to by my noble friend Lord Lexden the Constitution Committee recognised that every member of the Government has a duty to uphold the law but that the Lord Chancellor has a special position, in that he or she has a duty to ensure that the Government as a whole uphold respect for the law, and that included in that is the independence of the judiciary? Would my noble and learned friend be willing to revisit the committee’s recommendation that the oath of the Lord Chancellor, as enshrined in the 2005 Act, should be revisited and strengthened?