Lord Pannick debates involving the Attorney General during the 2024 Parliament

Tue 23rd Jul 2024

King’s Speech

Lord Pannick Excerpts
Tuesday 23rd July 2024

(4 months ago)

Lords Chamber
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My Lords, I have known the noble and learned Lord, Lord Hermer, for a very long time and have long admired the breadth and depth of his legal knowledge, his judgment and his powers of advocacy, which were demonstrated here today. His appointment is very welcome on all sides of the House. He spoke with great humility. I remind him of the experience of Sir Patrick Hastings, who was Attorney-General in the first Labour Government 100 years ago in 1924. Sir Patrick too was a distinguished barrister before and after his appointment. He described his time as Attorney-General as “my idea of hell”, and his disastrous conduct in office in relation to the Campbell prosecution in 1924 led to the fall of that first Labour Government. The noble and learned Lord really cannot do worse than that. I also welcome the noble Lord, Lord Khan of Burnley, to his post.

I welcome back the noble and learned Lord, Lord Keen, to his Front-Bench post. He too is an old friend. He will, I hope, forgive me if I suggest that focusing on protecting the status of hereditary Peers is perhaps not the best way for the Conservative Opposition to demonstrate their relevance on constitutional issues.

I am very pleased that the Attorney-General emphasised the need to promote and protect the rule of law, as he also did in his excellent speech on 16 July on being sworn in as Attorney-General. In that speech, he gave an assurance that his legal advice to the Government would

“always be guided by law not politics”.

That is extremely important, as he recognises. I am delighted that one of his first decisions was to retain as First Treasury Counsel my colleague and friend Sir James Eadie KC, who has given previous Governments objective, skilled and wise advice on a large quantity and very wide breadth of legal problems over many years.

The Attorney-General also enjoys the support of the Solicitor-General, Sarah Sackman, another distinguished barrister of great skill and judgment. I also welcome the new Lord Chancellor, Shabana Mahmood, not just because she both understands the virtues of our legal system and recognises the urgent need for reform of those aspects of our system that are, sadly, in a state of serious disrepair, but because her background is, in her own description, as a child of immigrants who worked behind the till in her parents’ corner shop. That will encourage aspiring law students of all ethnicities and backgrounds that—with hard work, aspiration and an element of the luck that we all need—they too can succeed in the legal profession.

The rule of law and the independence of the judiciary have been under great strain in the past 14 years— I declare an interest in some of the relevant cases—but I am sure that the rule of law will be under strain in the years ahead. It always is, even under Labour Governments. Previous Labour Administrations have had their legal difficulties: the Belmarsh judgment on imprisonment without trial after 9/11, and the Hosenball and Crossman diaries cases during the Callaghan Government in the late 1970s.

The noble and learned Lord should enjoy his honeymoon period as it may be short—“Events, dear boy, events”. He should recognise that many of us lawyers in the House—you can never have too many lawyers—and other noble Lords will be carrying around copies of his speech today and that which he delivered on 16 July, and we will be reminding him of what he said on all relevant occasions in the future when the going gets tough.