Crime and Courts Bill [HL]

Debate between Lord Falconer of Thoroton and Lord Goodhart

Monday 25th June 2012 Lords Chamber

[Lord Falconer of Thoroton]

Our problem is that if I talk about the tie break, it is before the noble and learned Lord, Lord Lloyd, has made his points about why the tie break is wrong. The natural sequence of events is that I speak, then the Minister, we do not put a question but go round again, which is perfectly okay in Committee. If everybody is happy, that is the right course that I would envisage. A preliminary point: initially, I thought the noble Lord, Lord Goodhart’s, point was that the Constitutional Reform Act 2005 was such an important Act that it could never be amended. I tended to agree with that proposition. As I understand it, and I agree with this, he then went on to say that when a Bill makes a significant constitutional change, it is wrong to put it in the form of a schedule introduced by a section which does not, as it were, preview that it is a major constitutional change. The right way to make major constitutional changes, so that this House—which has a special responsibility in relation to constitutional changes—is aware of what is going on, is by an individual Act of Parliament.

I agree with the noble Lord, Lord Goodhart, in relation to this because here we are dealing with an important constitutional issue as regards the position of judges. Like the noble Lord, who is a practical and sensible Member of this House, I fear that we are where we are. We are in Committee and it is obvious that we will pass something along the lines of Clause 18 and Schedule 12. Therefore, it is necessary for us to debate the merits of those. But it is extremely important that the Government recognise that where one is dealing with important constitutional issues, it does not in any way inhibit any programme of constitutional change, it just means it is right that it is properly flagged up so that we know where we are.

[Lord Goodhart]

My Lords, I am very grateful to the noble and learned Lord. That is exactly the view I have taken today.

[Lord Falconer of Thoroton]

I support the noble Lord, Lord Goodhart, in what he says but, as a matter of practicality, I recognise that we have to move on. The noble Lord, Lord McNally, is much loved around the House and a genuine supporter of sensible constitutional change. He was a significant supporter of the Constitutional Reform Bill in that he allowed it to go through in circumstances where it might not otherwise have gone through, so I have a particular personal reason for believing that the noble Lord is a supporter of constitutional change. It would be worth while if he could say something in response to the noble Lord, Lord Goodhart.

We are dealing with three tiers of part-time judge: first, the High Court of England and Wales; secondly, the Court of Appeal of England and Wales; and, thirdly, the Supreme Court, which is part of the UK judiciary. The average age at which persons are appointed to the High Court of England and Wales is between 45 and about 60. In the Chamber tonight, we have two former High Court judges. The noble and learned Baroness, Lady Butler-Sloss, and the noble and learned Lord, Lord Woolf, were both appointed at the age of 45, which is at the youngest end of the range.

In appointing women between the ages of 45 and 50, it is extremely likely that they will have caring arrangements. I know that from my own experience as someone at the English Bar and as someone appointing judges. The difficulty for people is in making a choice as to what they put as their priority. As the noble and learned Baroness, Lady Butler-Sloss, rightly said, the current attitude is that it is “full on” if you join the High Court and there are no dilutions. The consequence of that in relation to the High Court is that a significant pool of people who would otherwise be willing to be appointed is being lost. I know that from my own experience in appointing judges.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Falconer of Thoroton and Lord Goodhart

Wednesday 15th December 2010 Lords Chamber

[Lord Falconer of Thoroton]

I was not in the Government at the time. The noble Lord, Lord Tyler, is pointing at me in a rather aggressive way. I was not in the Government then, but the noble Lord, Lord Strathclyde, has access to a range of excellent civil servants who will tell him what the research is. I take it from the remarks that the noble and learned Lord, Lord Wallace of Tankerness, is making from a sedentary position that the Government have not troubled to do the research. He can correct me if I am wrong.

[Lord Goodhart]

My Lords, is it not an extraordinary situation that the effect of what the noble and learned Lord is saying is that, if 45 per cent of the voters voted yes and 4 per cent voted no, the noes would win, but if 45 per cent voted yes and 40 per cent voted no, the yeses would win?

[Lord Falconer of Thoroton]

That may be dealt with by the level of the turnout requirement.