Judiciary: Independence

Debate between Lord Lang of Monkton and Lord Keen of Elie

Tuesday 15th November 2016 Lords Chamber

[Lord Keen of Elie]

The Lord Chancellor takes her duties towards the judiciary every bit as seriously as this House.

[Lord Lang of Monkton (Con)]

My Lords—

--- Later in debate ---

[Lord Lang of Monkton]

My Lords, does my noble and learned friend recall that in the report referred to by my noble friend Lord Lexden the Constitution Committee recognised that every member of the Government has a duty to uphold the law but that the Lord Chancellor has a special position, in that he or she has a duty to ensure that the Government as a whole uphold respect for the law, and that included in that is the independence of the judiciary? Would my noble and learned friend be willing to revisit the committee’s recommendation that the oath of the Lord Chancellor, as enshrined in the 2005 Act, should be revisited and strengthened?

[Lord Keen of Elie]

It is not considered necessary that the oath should be revisited. The oath of the Lord Chancellor is to respect the rule of law, defend the independence of the judiciary and discharge her duty to ensure the provision of resources for the efficient and effective support of the courts. That is the duty that she has addressed and discharged.