Rule of Law: Law Officers

Debate between Lord Keen of Elie and Lord Lexden

Tuesday 15th September 2020 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what role the Law Officers have in ensuring that the rule of law is maintained in (1) the development of domestic legislation and (2) their policies relating to the United Kingdom’s withdrawal from and future relationship with the European Union.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the duty of the law officers is to give the Government full and frank legal advice, to advise and to stipulate adherence to the rule of law. Our advice is confidential, and it is fundamentally important that it remains so. As I have said previously, the freedoms and protections that we all enjoy rely on the rule of law. It is an important constitutional principle and, as a responsible Government, we remain committed to it.

[Lord Lexden (Con)]

My Lords, is it not difficult to retain confidence in the Lord Chancellor and the law officers of the Crown when they acquiesce in the Government’s declaration of willingness to break international law? Are these officers of the Crown not charged with responsibility for ensuring that Ministers respect the rule of law, national and international, in all circumstances—a duty with which permitting threats to break it is hardly compatible.

[Lord Keen of Elie (Con)]

My Lords, I would find it difficult to disagree with any of the observations made by my noble friend. Of course, we must advise Government—as we would advise others—to temper the rule of law at the level of both domestic and international law. I have to say to this House that, in my opinion, the present Bill does not of itself constitute a breach of international law or of the rule of law.

Royal Commission on Criminal Justice

Debate between Lord Keen of Elie and Lord Lexden

Wednesday 15th July 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, thanks to the hard work of professionals across the criminal justice system, more than 150 courts have remained fully open to the public throughout the pandemic. By the middle of this month, we anticipate that all court centres will have reopened.

[The Deputy Speaker (Lord Lexden) (Con)]

I call the noble Lord, Lord Hastings of Scarisbrick. No? Then I call the noble Baroness, Lady Mallalieu.

[Baroness Mallalieu (Lab) [V]]

My Lords, I first declare an interest as a retired criminal barrister and the mother of a practising one. It is clear that the report of the royal commission is a very long way away. Will the Minister tell us what is happening right now to clear the trial backlogs, by reopening courtrooms that have been mothballed, opening new ones, using part-time judges—as the noble and learned Lord, Lord Garnier has just suggested—overhauling the case-listing system and ensuring that there is adequate technology to tackle the crisis in the criminal justice system, which is the result of a long period of chronic underfunding which far pre-dates the current crisis?

--- Later in debate ---

[Lord Keen of Elie]

My Lords, given the stage we have reached in this process, I cannot undertake to carry out such an exercise, which, I suspect, would result in considerable delay. We are in a position where we can finalise the terms of reference and make them public in the very foreseeable future. As I said, we are hopeful that the royal commission will commence its work in the autumn.

[The Deputy Speaker]

I call again the noble Lord, Lord Hastings of Scarisbrick. He is not responding. All supplementary questions have been asked and we now move to the next Question.

Marriage and Religious Weddings

Debate between Lord Keen of Elie and Lord Lexden

Tuesday 30th June 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, there is no absolute means by which one could accurately measure that, so it is necessary to engage with these communities and to analyse feedback from them in order to ascertain the extent of the problem. I readily acknowledge that there is a very real issue with regard to the Muslim community’s tendency, in many cases, to undergo a sharia ceremony rather than a legal marriage.

[The Deputy Speaker (Lord Lexden) (Con)]

My Lords, the time allowed for this Question has now elapsed.

Crime: Support for Children and Young People

Debate between Lord Keen of Elie and Lord Lexden

Wednesday 5th February 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, children and young people under the age of 18 are automatically considered as vulnerable victims and therefore become eligible for enhanced entitlements under the victims’ code. That includes being offered referral to specialist support services in order that that can be addressed.

[Lord Lexden (Con)]

Is it the case that schools are required to have a designated member of staff responsible for ensuring that children in these circumstances get the specialist advice and help that they require?

[Lord Keen of Elie]

My Lords, the Keeping Children Safe in Education statutory guidance provides that every school and college should have a designated safeguarding lead, who should be a senior member of staff.

Sexual Offences Legislation

Debate between Lord Keen of Elie and Lord Lexden

Tuesday 22nd May 2018 Lords Chamber

[Lord Keen of Elie]

We quite recognise the danger to a person’s reputation where their name is leaked prior to charge. That should not occur, as I indicated before. That does not mean that they do not have civil means of redress. The noble Lord referred to the case of Cliff Richard, who I understand has undertaken a civil course for redress in these circumstances.

[Lord Lexden (Con)]

Further to my noble friend’s question, the noble Baroness, Lady Williams of Trafford, informed the House recently that the Government have the power to establish an inquiry into Operation Conifer. Since the hopeless Wiltshire chief commissioner has made it clear that he will not take any action, will the Government now establish this inquiry so that the reputation of Sir Edward is not left in intolerable limbo?

[Lord Keen of Elie]

My Lords, that would be a matter for the Home Office and not for the Ministry of Justice to consider. However, I am sure that Ministers in that department are listening.

Media: Press Sustainability

Debate between Lord Keen of Elie and Lord Lexden

Thursday 22nd March 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, the review will examine the role and impact not only of digital search engines but of social media platforms and other digital content aggregation platforms which have an impact on press sustainability.

[Lord Lexden (Con)]

Will the concerns and needs of the local press, so vital for local democracy, be prominent in the work of the review?

[Lord Keen of Elie]

Ultimately, the scope of the review will be a matter for the chair. It is going to be an independent, expert review but clearly it is intended to address the issue of the local press, where we have seen such impact from digital media in the past 10 years.

Leveson Inquiry Update

Debate between Lord Keen of Elie and Lord Lexden

Thursday 1st March 2018 Lords Chamber

[Lord Keen of Elie]

With respect to the noble Lord, I also know the difference between cause and effect. What we were addressing was the potential causes of police malpractice in relation to the press. They have been addressed as outlined by the noble Lord, involving the publication of a code of ethics and the development of national guidance for police officers on how to engage with the press. It has also involved the reforms in the Policing and Crime Act, which have strengthened protection for police whistleblowers. The effect will be seen in due course, but you cannot turn around and say there is evidence of effect. The causes have been addressed; the outcome will show itself in the course of time.

[Lord Lexden (Con)]

Is this not a good day for local democracy in our country? It needs a thriving local press, but as the Statement made clear, a large number of local papers have closed recently. Could my noble and learned friend confirm that there was a strong fear that the enactment of Section 40 would deal a mortal blow to many of those that still remain and whose continuing existence should be given every encouragement?

[Lord Keen of Elie]

I entirely concur with my noble friend on that last point. We have heard repeatedly the concerns that were voiced, particularly by the local press, over the potential impact of the implementation of Section 40 and the adverse effect it would have had upon our local press and consequently upon the maintenance of our local democracy.

Prisons: Staff

Debate between Lord Keen of Elie and Lord Lexden

Wednesday 22nd February 2017 Lords Chamber

[Lord Keen of Elie]

My understanding is that the number is very low indeed—potentially in single figures.

[Lord Lexden (Con)]

Does my noble friend agree that the vital work of prison officers is powerfully reinforced by voluntary initiatives such as that recently launched by the SPCK to raise literacy significantly among prisoners?

Judiciary: Independence

Debate between Lord Keen of Elie and Lord Lexden

Tuesday 15th November 2016 Lords Chamber

[Lord Lexden]

To ask Her Majesty’s Government what steps they are taking to ensure that the Lord Chancellor fulfils her duty to uphold the independence of the judiciary.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the Lord Chancellor has fulfilled her duty and will continue to do so. Statements from the Lord Chancellor and wider government show that she considers the independence of the judiciary to be a foundation of the rule of law. She has emphasised that our judiciary is, rightly, respected the world over for its independence and impartiality.

[Lord Lexden (Con)]

Have the Government taken full account of the wide public disquiet that arose because the lurid and irresponsible attacks on some of our High Court judges were not answered immediately and emphatically? Have the Government taken note of a report issued by the Constitution Committee two years ago, which recommended:

“Given the importance of the Lord Chancellor’s duty to uphold the rule of law, the Lord Chancellor should have a high rank in Cabinet and sufficient authority … amongst his or her ministerial colleagues to carry out this duty effectively and impartially”?

[Lord Keen of Elie]

My Lords, it is not the job of government or the Lord Chancellor to police the press headlines. Having considered the headlines and, more importantly, public reaction to them, the Lord Chancellor made a clear and timely statement that an independent judiciary was the cornerstone of the rule of law and that she would defend that independence to the hilt.

Press Matters

Debate between Lord Keen of Elie and Lord Lexden

Tuesday 1st November 2016 Lords Chamber

[Lord Keen of Elie]

No decision has been made with respect to Leveson 2. That is the purpose of the consultation. Because of the consultation, there is no question of the Government running away from anything. With regard to an earlier observation, I referred to a consultation period of 12 weeks but, in fact, it is only 10 weeks. I correct myself to the House.

[Lord Lexden (Con)]

Are the Government firmly committed to taking full account of the concerns and interests of our immensely important regional and local press, which will bear the brunt of Section 40? In this connection, will it not be particularly important to listen to the views of local editors in Northern Ireland, where the royal charter does not even apply, illustrating the legal confusion which has now arisen?

[Lord Keen of Elie]

The Government have already heard from representatives of the local press, who have expressed their concerns with regard to the implementation of Section 40 and the adverse impact it could have on them. It is because of these considerations, among others, that the Government have thought it appropriate to have this short, but effective, consultation.