Ministerial Code

Debate between Lord Wallace of Saltaire and Lord Faulks

Tuesday 3rd November 2015 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, the Minister may recall that Justice Scalia of the US Supreme Court has argued on a number of occasions that the United States should not pay attention to the conventions and constraints of international law because of the exceptional perfection of the US constitution. Is there a similar degree of exceptionalism in the British Government’s approach to international law, or do we expect others to pay perhaps a little less attention to the constraints of international law than previously?

[Lord Faulks]

Justice Scalia is an originalist on the American Supreme Court and has a particular view of America’s position. Our position is that all Ministers are obliged to abide by the law, including, in so far as it is ascertainable, international law in this country.

FIFA

Debate between Lord Wallace of Saltaire and Lord Faulks

Thursday 4th June 2015 Lords Chamber

[Lord Faulks]

I suppose there might be some slight dispute over cause and effect, but nevertheless I join my noble friend.

[Lord Wallace of Saltaire (LD)]

My Lords, does Her Majesty’s oversight of criminal law extend to offshore financial centres under United Kingdom sovereignty? From what has already come out, it is clear that a number of these illegal payments flowed through offshore financial centres that are British Overseas Territories. Do the Government intend to investigate that, or do they regard it as outside their jurisdiction?

[Lord Faulks]

It will be a question of fact in relation to each allegation as to whether it comes within the jurisdiction. As the noble Lord may well be aware, the Bribery Act 2010 came into force in July 2011, which has to some extent extended criminal jurisdiction. The timing of any alleged offence will be crucial, but if there are any offences we are not going to be restrained if there is a prima facie case of infringement of criminal law within this jurisdiction.