King’s Speech

Lord Sentamu Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Sentamu (CB)]

My Lords, it is a pleasure to follow the noble Lord, Lord Dholakia. I begin my contribution to this debate on justice by calling Lord Bingham, a noble and learned Lord, as my expert witness. He is in glory. Thankfully, his incisive and illuminating legal mind speaks with authority on justice. He says at page 174 of his excellent book, The Rule of Law:

“The rule of law is … one of the greatest unifying factors, perhaps the greatest, the nearest we are likely to approach to a universal secular religion. It remains an ideal, but an ideal worth striving for, in the interests of good government and peace, at home and in the world at large”.


I humbly suggest to His Majesty’s Government that The Rule of Law should be the golden thread that runs through the legislative programme outlined in the King’s Speech, as well as in the governance of our four nations. It is the perfect glue that binds together governance and the laws passed by Parliament. The Attorney-General’s excellent maiden speech chimes in well with this, as does the maiden speech from the noble Lord, Lord Timpson. Bravo!

Take poverty, for example. President Nelson Mandela said:

“Overcoming poverty is not a gesture of charity. It is an act of justice. It is the protection of a fundamental human right, the right to dignity and a decent life. While poverty persists, there is no true freedom”.


Now then, what are we to understand by the rule of law, a phrase that we regularly use? My expert witness says the existing principle is

“that all persons and authorities within the state, whether public or private, should be bound and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”.

Further:

“State observance of the rule of law requires the availability of effective and impartial dispute resolution mechanisms. This means that citizens must be able to access the courts, and be heard by independent judges, under a fair process”.


A manifesto commitment to put victims first, supporting them at every stage of the criminal justice system, is a good innovation, but surely it must treat all alleged perpetrators of crimes as innocent until proven guilty, and therefore supported as well.

Building more prisons will ease overcrowding. However, as a former chaplain in the 1980s of a sizeable remand centre that was full beyond capacity most nights, I know that building new prisons must go hand in hand with increased funding for the courts system; legal aid; the rehabilitation and education of offenders; a fully funded and renewed Probation Service; a regular training review of all prison officers; a rigorous refreshing of the workings of the Crown Prosecution Service; and the renewal of restorative justice—

“To no one will we … deny or delay right or justice”.


The rule of law is not an arid legal doctrine but the foundation of a fair and just society, and a guarantee of responsible government. It makes an important contribution to economic growth, as well as offering the best means yet devised for securing peace and co-operation. My expert witness in The Rule of Law advocates eight conditions which capture its essence. I will give you four:

“The law must be accessible and so far as possible intelligible, clear and predictable … Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve … Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers”.


Finally, there must be

“compliance by the state with its obligations in international law”.

When it comes to justice, the rule of law guards, protects, drives and guarantees its delivery. Love without justice is self-indulgence. Justice without love is tyranny. The rule of law holds both justice and love together in a creative tension.