Courts: Resourcing and Staffing

Lord Saville of Newdigate Excerpts

Thursday 14th July 2016 Lords Chamber

[Lord Saville of Newdigate (CB) (Maiden Speech)]

My Lords, it is very nearly 20 years ago that I became a Member of this House, so I perhaps owe an explanation for the delay in making my maiden speech. I have some, but not complete, excuses. I arrived here as what was then called a Lord of Appeal in Ordinary. The suffix “in Ordinary” meant that I came here as a paid regular attender at this House for the purpose of conducting, or helping to conduct, the business of what was then the Judicial Committee. As a Law Lord I took the view, rightly or wrongly, that I was a member of the judiciary, rather than of the legislature, so I did not regard it as appropriate for me to take part in the legislative business of this House.

Soon after becoming a Law Lord I was invited by Parliament to conduct the Bloody Sunday inquiry. This lasted many years, some say too many, and by the time it had finished and we had produced our report the Lords of Appeal in Ordinary, or Law Lords as they were called, had been abolished and we had become Supreme Court justices, this time disentitled by statute from taking part in the legislative business of this House. It was only when I retired from the Supreme Court and retook the Oath before this House that I was able to take part in the business of the House. It was at that juncture—sadly, some years ago —that I ran out of excuses for having failed to make a maiden speech.

I want to say in the course of this speech what I know many who have made maiden speeches in the past have also said, but which I regard as very important: to express my respect and gratitude to those who work for your Lordships. To those who guard us, those who feed us, those who run our Libraries and other facilities, and those who administer the day-to-day business of this House, I say thank you for your unfailing efficiency, courtesy, kindness and, particularly in my case, patience. This House is dependent on all these people. They have never let us down.

I became a barrister as a result of a visit to the cinema when I was about 14. A friend and I skipped away from school to watch a film called “The Franchise Affair” at the local cinema. This starred Michael Denison as a dashing young lawyer whose expertise and relentless cross-examination won the case in court for his clients, and he walked away with the girl into the sunset. I thought, “This is the life for me”. So I worked away, I got to university, I read law and I became a barrister. I remained a barrister for many years before I became a judge.

But about 25 years ago, I saw that “The Franchise Affair” was to be shown on television. I thought that I must watch it, as it was a life-changing event for me. So I did, and I then realised my mistake—Michael Denison played the part of a solicitor, not a barrister.

This debate is in my respectful view one of very great importance. We pride ourselves on being a democracy, but the very basis of a democracy is the rule of law. The rule of law is a meaningless phrase unless there is in place a proper justice system. Just as in your Lordships’ House, we are wholly dependent on the staffing of the courts to provide a proper justice system. Thus, putting aside the kind but undeserved remarks of my noble and learned friend Lord Woolf about me, I can only say that I wholly share his concerns and worries, and those expressed by others this afternoon, about our justice system.

Back in Nazi Germany in the 1930s, judges were in effect told to ignore the rule of law and instead to decide cases on what was described as the basis of the spirit of the people. We do not want to go down that road.

When I was a Law Lord some years ago, we had an insurance claim at our house. I was in London, my wife was there and she took the telephone call. It was a very civil conversation, in the course of which my wife was asked what her husband did. “He’s a Law Lord”, she said. There was a slight pause and then the conversation went on and ended very happily. But right at the end, the lady adjuster said to my wife, “Could I ask you a question?”. My wife said, “Of course”. The adjuster said, “Could you tell me exactly what does a war lord do?”. I thank your Lordships for your patience and I am glad to say that I have saved three minutes.