Update to Parliament

Lord Campbell of Pittenweem Excerpts

Wednesday 25th September 2019 Lords Chamber

[Baroness Evans of Bowes Park]

I thank the noble Baroness and pay tribute to her work and the support she has shown in this area as well. I am very aware of the environment within which we are all working in this House and in the House of Commons and the incredible job that Peers across the House and MPs across the House of Commons do to represent their constituents to put forward important views, discuss and debate them, and scrutinise legislation. This House made very clear to me today, and also more broadly, its concern about the tone used in the Statement. That is clear; I will reflect that back.

[Lord Campbell of Pittenweem (LD)]

My Lords, my initial indignation about the Statement has been replaced rather by disappointment. Let me begin by saying that I have very great sympathy with the Leader of the House having to repeat this. It is a Statement that is vacuous; it lacks contrition or substance; and it fails, in my view, to make the kind of public apology to Her Majesty the Queen that is necessary in circumstances where she has been drawn into the political arena—not helped, if I may say so, by some of the observations of a previous Prime Minister.

The Statement says that:

“It is absolutely no disrespect to the judiciary”,


but that is the oldest form of weasel words. It goes on to say:

“the court was wrong to pronounce on what is essentially a political question at a time of great national controversy”,

emphasising the belief that the court was wrong. Then we look at the next paragraph, which says:

“So we have Opposition MPs who block and delay everything, running to the courts”.

What is that other than deliberately pejorative language, no doubt for the purpose in mind? To “block” is a pejorative word and “delay” even more.

Then we come to the least attractive feature of this Statement, which says that measures are delayed,

“including legislation on the NHS”,

suggesting that those that who run to the courts obstruct the good practice and the expansion of the National Health Service. If ever there were a piece of sleight of hand, to put it mildly, it is contained in that. Even more so is,

“and keeping violent criminals in jail”.

So those who went to court are to be blamed for adverse effects on the National Health Service and on keeping violent criminals in jail. That is why I am disappointed.

The Prime Minister had an opportunity to rise to the occasion, but he chose not to take it. I fear that that is precisely the judgment that not only Members of this House have formed, but which the public increasingly will form. It says a great deal about this Prime Minister—I will not rehearse his failures, as put so eloquently by my noble and learned friend Lord Wallace—that, at a time such as this, he is incapable of rising to the occasion.

I ask the Leader of the House one question: why did she feel it necessary to ask to see the legal advice about Prorogation? If Prorogation is a routine matter, as has been suggested, why was it necessary for her to be shown the legal advice that justified it? The inference that some might draw is that this was already accepted to be an unusual Prorogation.

[Baroness Evans of Bowes Park]

First, the Prime Minister and this Government have made it clear—it was the first thing that I said in response to the first comments—that we have the highest respect for our judiciary, their independence and the work that they do. I am happy to put that on record again. In relation to the noble Lord’s question about the legal advice, as I said, I sought and received confirmation that the Prorogation was lawful. Therefore, on that basis, I attended the Privy Council.