Crime and Courts Bill [HL]

Debate between Lord Goodhart and Baroness Prashar

Wednesday 27th June 2012 Lords Chamber

[Baroness Prashar]

My Lords, I endorse the comments made by the noble Lord, Lord Pannick. I expressed my concerns about this provision in the Bill at Second Reading, so I will not repeat them this afternoon. However, following the Second Reading debate, the noble Lord, Lord McNally, very kindly copied me into the letter he sent to the noble Baroness, Lady Jay of Paddington, which explains in more detail the Government’s reasoning behind the proposed change. I read it very carefully and I am not convinced by the rationale it advanced. The issue in question is the appropriate involvement and accountability of the Lord Chancellor. In my experience, the current arrangements work fine. If the consideration or rejection of the recommendation is based on clear and sound reasons, this presents no difficulty. Indeed, it helps to concentrate the minds both of the selection panel and the Lord Chancellor. It is very helpful to the parties concerned. Furthermore, the Lord Chancellor has appropriate involvement in the course of the selection process as he is consulted at relevant stages.

Under the proposed changes, the Lord Chancellor might choose to sit on a panel and lose his veto or choose not to sit on the panel in order to retain his veto. On what basis will the Lord Chancellor make that decision? I fear that his decision to sit on the selection panel will raise questions and suspicions which may not be healthy—both for the selection process and for the perception of why the decision has been made. I am therefore concerned both on constitutional and practical grounds. I do not see why we need to disturb the finely crafted balance of accountability and involvement that was arrived at in 2005.

[Lord Goodhart]

My Lords, the role of the Lord Chancellor is very different from that which existed before the 2005 Act came into effect. We have no certainty at all that future Lord Chancellors will take an equivalent role to that of the noble and learned Lord, Lord Mackay of Clashfern, who was an outstandingly strong and determined Lord Chancellor. The role of Lord Chancellor is now entirely different because it is, in effect, as ordinary a role as a Minister of the Government. It is not a role equivalent to that of the Lord Chancellor before the 2005 came into force.