Crime: Emergency Services Staff
Debate between Lord Thomas of Gresford and Lord Fowler
The Lord Speaker (Lord Fowler)
My Lords, this is an important issue. We are going very slowly on it.
Lord Thomas of Gresford (LD) [V]
My Lords, I am the son of a policeman and spent my first five years living in a police station in Llangollen. The November 2018 guidelines for an unlawful act of manslaughter were arrived at after four years of consideration and consultation with 45 bodies, including the council of Her Majesty’s judges, the criminal Bar, the Criminal Law Solicitors’ Association, the Ministry of Justice, the Justice Committee, the unions, the Howard League for Penal Reform, leading academics, the royal medical colleges and many others. The guidelines were widely accepted and came into effect less than two years ago. Why is the Ministry of Justice proposing to revisit this issue so soon?
Rule of Law: Law Officers
Debate between Lord Thomas of Gresford and Lord Fowler(4 years, 2 months ago)
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Lord Thomas of Gresford (LD) [V]
My Lords, the noble and learned Lord told the Scottish Public Law Group in Edinburgh in June 2018:
“If the rule of law is disrespected, and falls into disrepute, elected governments will not be able to govern effectively—any government is simply shooting itself in the foot if it undermines the rule of law.”
The contingent powers in this Bill to change the Northern Ireland protocol unilaterally trash the dispute resolution provisions in the treaty that Boris Johnson signed, and on any sensible reading undermine the rule of law, as Brandon Lewis candidly acknowledged. Will the Minister acknowledge that for him to promote their use by introducing a statutory instrument under these provisions in this House would violate his overarching duty under the Ministerial Code to comply with the law, including international law and treaty obligations, as the Court of Appeal found and as the noble and learned Lord is reported by the Guardian correctly to have advised the Prime Minister? Does he acknowledge that it would also violate the law officer’s oath that he took as Advocate-General of Scotland, and would be a gross dereliction of his duty?
The Lord Speaker (Lord Fowler)
It would be helpful if questions could be kept brief, in which case we might be able to get through the list. We are not doing too well so far.