Fundamental Rights and the Rule of Law Debate

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Department: Ministry of Justice

Fundamental Rights and the Rule of Law

Baroness Bennett of Manor Castle Excerpts
Thursday 25th July 2024

(4 months, 3 weeks ago)

Lords Chamber
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Lord Ponsonby of Shulbrede Portrait Lord Ponsonby of Shulbrede (Lab)
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Yes, I think I do agree with the noble Lord, Lord Carter. I spoke to Sir Peter Gross about this a number of years ago, and I will make essentially the same point that I have made in answering other questions from noble friends. There is a role for greater promotion within our schools, and that should be seriously looked at.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, in a speech to the Institute for Government on 10 July 2023, the then Attorney-General said:

“Laws should be accessible, intelligible, clear, and predictable”.


The last two questions have referred to the difficulty and lack of understanding of the UK’s constitutional arrangements. Our constitution, accreted by centuries of historical accident, fails to fit the criteria the Attorney-General set out. Are the Government prepared to set out a path towards a modern, democratic, functional written constitution?

Lord Ponsonby of Shulbrede Portrait Lord Ponsonby of Shulbrede (Lab)
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I think the short answer to that is no. The accretion of laws the noble Baroness refers to is the common law system. She is shaking her head, but that is an accretion of laws over centuries. All the lawyers I have spoken to are very proud of it and think it a flexible system. Many times, it is a better way of dealing with changing circumstances than primary legislation. We want to keep that flexibility in our current arrangements.