Rule of Law: Law Officers

Lord Woolf Excerpts

Tuesday 15th September 2020 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, I entirely concur with the observations of my noble friend. As I indicated before, it is one thing for the Executive to determine an issue at the level of international law in terms of a treaty, but they cannot utilise that in order to ignore primary legislation of our domestic Parliament. Therefore, a means has to be in place to address the effect of that domestic legislation, and that is the purpose of Part 5 of the UKIM Bill. It will enable us to bring forward regulations that will do that—and, indeed, regulations that will require explanation and the affirmative approval of this House.

[Lord Woolf (CB) [V]]

In view of the fact that the Minister accepts an obligation on the Attorney-General to protect and safeguard the rule of law, in regard to this matter where there are different views, what action is the Attorney-General taking, along with the other law officers, to show the importance of upholding the rule of law?

[Lord Keen of Elie (Con)]

My Lords, I sought to explain this morning to the Security and Justice Sub-Committee the position that I adopt with respect to this matter, and why I consider that the provisions of the Bill are entirely limited in their intent and effect and fall within the rule of law and the requirements of international law. I certainly do not anticipate that those provisions would be abused. Indeed, if they were, I cannot foresee that either House would contemplate passing the relevant regulations. If they did, I would certainly have to consider my position as a law officer, because I owe my obligations to Parliament as well as to the Government.