Brexit

Debate between Lord Campbell of Pittenweem and Lord Heseltine

Wednesday 2nd October 2019 Lords Chamber

[Lord Campbell of Pittenweem]

I acknowledge that, but the fact of the matter is that, in our system, the Supreme Court is, as its name suggests, supreme. That decision having been taken, it is in my view wholly unacceptable to have the kind of treatment that was made covertly and, in some cases, openly in relation to the judgment issue. The same would have been true if, for example, those of the same cast of mind as Gina Miller had attacked the decision made by the divisional court. Attacking the independence of judges matters not for what they have decided; what matters is their independence, and that must be emphasised and encouraged at all stages.

Will the Minister name a legal jurisdiction which is more independent, impartial or incorruptible than the two legal jurisdictions of the United Kingdom? Politicisation will be the death knell of all three of these vital qualities. The fact is that, if the Supreme Court had found in favour of the Government, it would have been praised for its Periclean wisdom. Medals might even have been struck.

[Lord Heseltine (Non-Afl)]

Of the 11 members of the Supreme Court, nine were appointed under a Conservative Prime Minister. Might that not have been used as an argument, if they had found for the Government, indicating corruption?

[Lord Campbell of Pittenweem]

There are plenty of illustrations of how those who have had a political affiliation, when elevated to the Bench, are able to put that beyond them.

The Prime Minister did not dare to publish his proposals before his party conference; he did not dare to tell his conference what the proposals were; and he declined to tell Parliament until after their publication. I think that tells us quite enough about the Prime Minister and his willingness to adopt attitudes of openness and accountability.

I hope that the Minister will respond to the last matter I will raise. Yesterday, it was said on behalf of the Government that the proposals did not involve infrastructure. How can customs checks be carried out in the middle of a field? Who will carry out that check? What, if any, infrastructure will there be, even if it is only a camera at the end of a pole? Would not these things be of an attractive nature to the dissidents, albeit in a minority, whom we still find in Northern Ireland? We are too close in many respects to the consequences of the Troubles not to accept that to introduce anything that seems in any way to prejudice the Belfast agreement could cause unrest and even, beyond that, death and damage.