Brexit

Debate between Lord Hamilton of Epsom and Lord McNally

Wednesday 2nd October 2019 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I am glad to have listened to the noble Lord, Lord Judd, and I thought for one brief moment that I was going to actually agree with him on something, because he said he had growing reservations about our unwritten constitution—but then that took him off to saying there should be a second referendum. I do not quite follow that one.

I will talk about the judgment of the Supreme Court and the noble and learned Baroness, Lady Hale, which is remarkable on two counts. The first is that it was unanimous. All 11 judges on the Supreme Court reached the same conclusion, when we all know that the judiciary is totally divided on this issue. Does this not raise slight questions in people’s minds as to how they came to a unanimous conclusion when the previous court, the Divisional Court, had voted the other way? They overturned the verdict of the Lord Chief Justice of England and Wales and the Master of the Rolls. Was it not rather strange that they should reach a unanimous verdict when so many other very distinguished judges across the country had decided the other way?

[Lord McNally]

What is the noble Lord implying? He should not just put a question mark up. The clue as to why there is a difference is in the name “Supreme Court”. Why does the noble Lord think all 11 came to the same conclusion? By raising it, he is implying that there must have been some collusion or malfunction. Why ask the question without giving us an answer?

[Lord Hamilton of Epsom]

Because I do not know what went on in the previous discussions of the Supreme Court; I was not there. All I am saying is that it is very strange that the conclusion the court came to was completely unanimous. This is very odd.