Lord Howard of Lympne
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(13 years, 2 months ago)
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Baroness Neville-Jones
My Lords, it is not a question of giving in to the courts; it is undoubtedly a question of the proper implementation of court judgments and the role of Parliament in making legislation.
Lord Howard of Lympne
My Lords, we all respect the independence of the judiciary, but does not this case illustrate one of the difficulties caused by the Human Rights Act, which requires judges to go beyond their traditional role of interpreting the will of Parliament and to substitute their own views on proportionality? Is it not that which justifies the concerns of those of us who believe that these matters should be decided by Parliament?
Baroness Neville-Jones
I am sure that the whole House recognises the importance of proportionality and it will note the important point that has just been made.