Rule of Law

Debate between Lord Keen of Elie and Lord Blunkett

Thursday 10th September 2020 Lords Chamber

[Lord Keen of Elie (Con) [V]]

My Lords, we are not showing scant regard for our treaty obligations. We are endeavouring to allow for a contingency that may arise very soon, which will require us to ensure that we can discharge our obligations to Northern Ireland. That creates difficulties, so far as the direct effect of EU law is concerned, if there is no post-transition agreement and no determinations by the Joint Committee.

[Lord Blunkett (Lab)]

As a non-lawyer, I ask a simple question. Alongside the breach of our international obligations, is this not a breach of respect for Parliament and democracy, given that the Prime Minister signed up to this agreement, forced it through as part of the Act and knows perfectly well that it is nothing to do with the negotiations towards the end of this year, but an admission of complete failure to understand what he was putting through Parliament?

[Lord Keen of Elie (Con) [V]]

I do not accept that. This is not a case of the Executive or Ministers seeking to act contrary to the will of Parliament. This is a case in which Ministers have brought legislation and laid it before Parliament for Parliament to determine whether provision should be made for the contingencies to which I have referred. This shows complete respect for Parliament and if, at the end of the day, Parliament and this House do not wish to confer the ability to deal with these contingencies on Ministers, they will not. It is a matter for Parliament.

Probate Service

Debate between Lord Keen of Elie and Lord Blunkett

Monday 27th July 2020 Lords Chamber

[Lord Keen of Elie [V]]

My Lords, I emphasise the improvement that took place in the grant of probate during 2019 and into 2020, even in the face of the increased demand on the probate service as a result of the Covid crisis. As a result, we are seeing a turnaround in the grant of probate that allows for the present system on payments to be accommodated. We have no proposals regarding my noble friend’s latter point.

[Lord Blunkett (Lab) [V]]

My heart goes out to the noble Baroness, Lady Ludford, who demonstrated the personal heartache that comes when systems do not work. Could the Minister reflect on the fact that the Courts & Tribunals Service has always been under major pressure, not least because of the use of agency staff? What plans are in place for when staff who have been reallocated to probate go back to their normal working lives?

[Lord Keen of Elie [V]]

My Lords, we have undertaken the training of an additional 34 staff in the probate service. In addition, as district probate registries close in the light of the development of the digital applications, we have sought to retain some of those staff within the courts and tribunal system for probation work. However, other staff are allocated to other parts of the Courts & Tribunals Service.