Independent Public Advocate

Lord Judge Excerpts

Thursday 2nd March 2023 Lords Chamber

[Lord Bellamy (Con)]

I thank the noble Baroness, Lady Chakrabarti, for that question. The question of equality of arms is very much on the Government’s minds at the moment. The point has also been raised by Sir Bob Neill and the Justice Committee that there should be parity and equality of representation. We should do something to level up the ability of families who are up against what appears the be the apparatus or full panoply of the state, as part of levelling up in general. I think that the IPA is an important step in that direction; exactly how we ensure that kind of equality of arms, how it is funded and how we go about it, is something I look forward to having further discussion with all parties about.

[Lord Judge (CB)]

My Lords, that brings me to adopt the suggestion of the noble Lord, Lord Addington, that we really do need to know in statute what the trigger point should be. I ask that we now consider, when it is decided that we will have an IPA intervention, how that will relate to coroners and the inquest system, because these disasters almost invariably will involve deaths. One of the things during the quashing of the first Hillsborough inquest that struck the court was how many processes there had been—all perfectly legitimate and entirely in accordance with the statutes. But we do need to have one process, as the Minister said.

Finally, if this is going to be a government decision, I have two points. First, is it susceptible to judicial review? Secondly, how can we make sure that the Government respond quickly? One of the problems with this case and others is that there has been a sort of lassitude in government responses. If a disaster such as this happens, what is needed is a very urgent response.

[Lord Bellamy (Con)]

My Lords, I thank again the noble and learned Lord, Lord Judge, for those comments and questions. Again, I think that these are matters for further reflection; it is very important that the noble and learned Lord has put them on the record. The questions of judicial review and how quickly and so forth are for further consideration; it is certainly envisaged that the independent public advocate would be able to act very quickly.

I think, if I may say so, that the Hillsborough situation was, tragically and very regrettably, distorted by a cover-up that defeated even one of the noble and learned Lord’s predecessors, the Lord Chief Justice at the time, Sir Peter Taylor. Any system that you can devise will always have difficulty coping with that kind of situation. But, in terms of speed of process, not repeating the process, having one process and defining the trigger event, those are all very important issues that we need to reflect on further.