Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 8th October 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the Lord Chancellor for speaking out in favour of the independence of the judiciary.

Lord Hope of Craighead, a former Deputy President of the Supreme Court and Lord President of the Court of Session, has pointed out that

“The Supreme Court justices were careful to explain in their judgment”

on the Prorogation case

“that they were not pronouncing on political questions. The issues with which they were dealing…were issues of law.”

Will the Lord Chancellor explain that to those in his party demanding a politicised appointment process for the judiciary?

[Robert Buckland]

I am grateful to the hon. and learned Lady. I treat the remarks of the noble Lord Hope with extreme gravity, bearing in mind his experience and knowledge. It always bears repeating that the judiciary do not have political motivations, and that case was no exception. Frankly, I think the matter needs no further debate. If we ended up with an American-style approval system, we would all be the poorer for it.

[Joanna Cherry]

Yesterday a Scottish court recorded the Prime Minister’s unequivocal promise to comply with his statutory duties under the Benn Act. The judge, Lord Pentland, said:

“it would be destructive of one of the core principles of constitutional propriety and of the mutual trust that is the bedrock of the relationship between the court and the crown for the prime minister or the government to renege on what they have assured the court that the prime minister intends to do”.

Can the Lord Chancellor assure us that he will be impressing on the Prime Minister the grave consequences of ignoring that warning from a senior member of the Scottish judiciary?

[Robert Buckland]

I read the transcript of what Lord Pentland said with great interest. Of course, that matter is subject to appeal, and it would be wrong of me to speak about it in detail, but those comments are noted.