Privileges and Conduct

Debate between Lord Pannick and Lord Falconer of Thoroton

Thursday 15th November 2018 Lords Chamber

[Lord Pannick]

We are the High Court of Parliament. One cannot go to court to challenge the fairness of this procedure. This House is obliged to ask whether what has been done in this case is fair. The argument seems to be, “Well, the current rules might be unfair. We don’t accept that they are, but in the future we’ll consider doing something about them”. This is no comfort to the noble Lord, Lord Lester, and it should be no comfort to your Lordships in considering this case. He is entitled to a fair procedure.

The point was then made by the noble and learned Lords, Lord Hope and Lord Mackay of Clashfern, that these are inquisitorial, and not adversarial, proceedings, but we cannot inquire into a matter of this sort and reach a fair conclusion without a process of cross-examination for all the reasons that the noble Baroness, Lady Meacher, eloquently explained.

[Lord Falconer of Thoroton (Lab)]

Would the noble Lord not be content with the inquisitor asking the questions, as she said she did?

[Lord Pannick]

She did not conduct a cross-examination, and it is very difficult for the person making the decision to enter into the arena to do so. The experience of all distinguished inquiry chairmen, of whom there are many in the House—particularly the noble and learned Lord, Lord Woolf—is that when they are making a judgment in an inquisitorial inquiry on a question of fact which depends on credibility, they either allow the parties to cross-examine or they appoint counsel to the inquiry to conduct that process, which would also be entirely acceptable.

Data Protection Bill [HL]

Debate between Lord Pannick and Lord Falconer of Thoroton

Report: 3rd sitting Hansard: House of Lords
Wednesday 10th January 2018 Lords Chamber

[Lord Falconer of Thoroton]

This is the crux of the position. Now that it seems to be accepted that things are not okay, if that is the case, what is required is an inquiry. As I understand what is being asserted, a change is proposed in the form of Section 40 and there are those who say that we should not make a change. I think that it is important not to be taken in by the siren song that everything is okay.

It is important that there should be a second inquiry. We promised it and we should not break that promise. I also think it would be wrong to suggest that Sir Brian Leveson is against a second inquiry. I do not know what his position is, but we should not assume that he is either in favour or against it; his views need to be canvassed. I strongly support the amendment tabled by the noble Baroness, Lady Hollins.

[Lord Pannick]

I am not suggesting that breaches do not occur; I am not an apologist. My position is that if and when errors are made and wrongful acts occur, the law has ample means of dealing with them. We do not set up a massive public inquiry in areas of the law or practice whenever there is a risk that wrongful acts are going to take place. My position is that we have inquired sufficiently into these matters, and to the extent that there are still wrongful things going on, the law provides perfectly adequate remedies, and indeed under this Act there will be perfectly adequate administrative procedures.