Brexit: Article 50

Lord Mackay of Clashfern Excerpts

Monday 7th November 2016 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I entirely agree with my noble friend that the principles of judicial independence and of freedom of the press are fundamental to our constitution. However, my freedom as a citizen does not entitle me to assault my neighbour, and the freedom of the press certainly does not entitle the press to insult, in a vicious and vocal manner, judges who are carrying out their statutory responsibility.

[Noble Lords]

Hear, hear.

[Lord Mackay of Clashfern]

Everybody who took part in the case made it clear that the judges were asked to determine a question of law, which was entirely within their jurisdiction. They made it abundantly clear that they had no views to express on Brexit or anything associated with it except on the question of law which was put to them, which is simply whether the prerogative power enables this triggering to happen. I express no view upon that matter because it has been appealed to the Supreme Court and I verily believe that in due course, it will address it and I await its judgment. In the meantime, however, I am concerned about the reaction of a substantial section of the press, which needs to be dealt with now, which is why I felt it necessary to say what I have said. It is entirely necessary that the independence of the judiciary should be respected, and I believe that all my colleagues in this House are of the same opinion. I hope that the Minister is also of the same opinion.

[Lord Bridges of Headley]

My Lords, I entirely agree with my noble and learned friend that the independence of the judiciary and the right of the judges to determine without fear or favour the issues before them are absolutely sacrosanct. They are there to use their best endeavours to interpret and apply the law, which is clearly what they have done and will continue to do.