King’s Speech

Lord Wolfson of Tredegar Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, it is a pleasure to speak after the noble and learned Lord, Lord Burnett, the former Lord Chief Justice. One of the many pleasures of this House is that, unlike in my professional life, judges do not always get the last word.

I declare two interests: the first, obviously, as a practising barrister and therefore user of the justice system; the second as a long-time admirer of the Minister who opened this debate. I congratulate him on his new role and his excellent maiden speech. I also very much enjoyed the maiden speech of my noble friend Lord Goodman of Wycombe, and look forward to the maiden speech of the Minister, the noble Lord, Lord Hanson of Flint. We have a debate bookended by maiden speeches. Without getting into the vexed question of House of Lords reform, it is only in this House as currently constituted that one can hear, in the same debate, some of our nation’s leading repairers of “soles”, both spiritual and now also temporal.

[Baroness Jones of Moulsecoomb (GP)]

Oh, that’s terrible.

[Lord Wolfson of Tredegar (Con)]

They are just catching on.

I do not know whether the noble Lord occupies my old room at the Ministry of Justice, but we share a firm commitment to justice and the justice system. There is of course an overlap with yesterday’s debate on the constitution, because the rule of law is not actually a law at all but a constitutional principle. In that sense we should all be declaring an interest, because we all have an interest—a financial one—in the maintenance of the rule of law. Without the rule of law there would be no security in transactions, no enforceable right to property. But it goes well beyond matters financial. Without the rule of law, there is nothing to separate or protect us from despotism on the one hand or anarchy on the other.

That brings me to the first of three short points arising out of the King’s Speech. The first is the safety of public venues and keeping the public safe from terrorism. The Minister referred to what he called the appalling and horrific terrorist attack in the Manchester Arena, which he also called senseless. I am afraid, however, that there are too many people who see in their warped and twisted vision some sense in that sort of attack, and that means our response to terrorism must go beyond merely steps to keep people safe. We must be unyielding against those who commit terrorism, but also those who fund terrorist attacks; those who advocate for them; those who explain them away; those who equivocate about them; or those who fail to assist the authorities in their efforts to thwart them. That means we need to engage with those in all communities—and they are the majority in every community—who support the rule of law and stand against those who seek to subvert it.

The second point concerns leasehold and commonhold reform, the draft Bill on which I await with interest. We must ensure that we have a system of land ownership which is fit for the 21st century. I remember from my university days that in land law, the devil really is in the detail, and it changes slowly. I remember talking about my land law essays with my father, who still referred to the Law of Property Act 1925 as the new property legislation. No doubt any change will be viewed with horror in some parts of Lincoln’s Inn, where they still have flying freeholds—a concept which is too arcane for discussion at any time, but certainly at a quarter to 10 at night. I hope the proposed legislation will be clear, concise, modern and will provide us with a useful system of ownership of land.

Finally, a short word about the Arbitration Bill. I welcome this very much. When I was a Minister, I helped the Law Commission set up its work on arbitration. London is the global centre for international commercial arbitration. The 1996 Act is the gold standard, but like many things made of gold, it does need a bit of polishing from time to time. There is one point which I was going to mention about the Arbitration Act, but my noble friend Lord Kirkhope of Harrogate warned me that if I mentioned again what he regards as the esoteric legal topics of monism and dualism, he might not be responsible for his actions. I do not know how he would react if I more than merely mentioned tonight the difficulties presented by an arbitration agreement having what lawyers call a floating governing law, but I am not minded to find out. I will take that up with the Minister offline, and leave the detail for another day, although I suspect it will be a day on which my learned friend finds he is unavailable to attend your Lordships’ House.