Update to Parliament

Debate between Lord Horam and Baroness Evans of Bowes Park

Wednesday 25th September 2019 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend spoke to me following the most reverend Primate’s comments earlier, and I look forward to reading the words that he said; I know that he has said a lot on this issue publicly and has concerns in this area. We will look to work on them.

[Lord Horam (Con)]

My Lords, I want to follow what the right reverend Prelate the Bishop of Durham said about the need for compromise and the abhorrence of confrontation. I said in my speech in the debate that has just been interrupted that confrontation is the wrong way forward. Can I raise a separate and slightly more rational—or less emotional—issue? There was surprise, I think among jurists as well as lay men, that the decision of the Supreme Court was unanimous, with all 11 judges coming to the same conclusion. Yet on the issue of justiciability, there was not unanimity between the High Court in England and the Scottish court. Clearly, there is an issue, particularly because, as I understand it, the way in which the Supreme Court put it was that the action of the Prime Minister was unlawful in these rather unusual circumstances. As a lay man who is not a lawyer, I would like the issue of when an action of the Prime Minister is judiciable to be explored further, so that Parliament and people generally can understand where we are.

[Baroness Evans of Bowes Park]

My noble friend is right that this was a complex matter. As I said in an earlier answer, there were differing views among different courts and senior and distinguished lawyers. However, as the noble Baroness said, the Supreme Court came to a unanimous verdict. As the noble and learned Lord, Lord Judge, said, the ruling will have a long-reaching and long-lasting impact, and we will all reflect on that over the coming months.