Judicial Independence

Lord Lester of Herne Hill Excerpts

Wednesday 7th December 2016 Lords Chamber

[Lord Henley]

My Lords, the noble Lord is tempting me to comment on things that it would not be appropriate for me to comment on.

[Lord Lester of Herne Hill (LD)]

My Lords, is the Minister aware that I have tried twice to find out from the Government whether there is guidance as to what Ministers should do in performance of their Section 3 duty to uphold judicial independence? On the last occasion, the noble and learned Lord, Lord Keen of Elie, directed me to the Cabinet Manual, but it gives no guidance except a reference to judicial independence. Will the Minister ask his colleagues to give some written guidance to themselves about how they should comply with their Section 3 duty—and, in doing so, will he advise his colleagues to reject the idea in today’s Daily Mail that we should take the American practice of electing judges instead of the practice that, for example, the noble and learned Lord, Lord Mackay of Clashfern, very clearly instituted in the past?

[Lord Henley]

My Lords, I do not think that the noble Lord would expect me to comment on what appeared in the Daily Mail today, and I have no intention of doing so. But I shall note what he said about guidance to Ministers and pass it on to my right honourable friends.