Viscount Hailsham
Main Page: Viscount Hailsham (Conservative - Life peer)Department Debates - View all Viscount Hailsham's debates with the Ministry of Justice
(8 years, 4 months ago)
Lords ChamberI am sure that all noble Lords would agree with what the noble Lord said, whatever their views about the issue.
My Lords, might one way forward be to incorporate into statutory form the guidelines of the DPP, reflecting as desirable the views of the Supreme Court? This would be desirable in itself and might also stand in the way of a declaration of incompatibility, which I would deem to be undesirable.
I am grateful for that suggestion. There are different views about whether it is appropriate for the Supreme Court to instruct Parliament to do anything. A lot of academic lawyers consider that Parliament is much better equipped to decide these issues. Judges and courts will inevitably consider the matter on a case-by-case basis as opposed to the polycentric view that Parliament will be able to bring to it. I respectfully submit that it is a matter for Parliament.