Oral Answers to Questions

Martyn Day Excerpts

Tuesday 14th January 2020 Commons Chamber

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

18. What discussions he has had with Cabinet colleagues on the appointment of a Constitution, Democracy and Rights Commission.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

23. What discussions he has had with Cabinet colleagues on the appointment of a Constitution, Democracy and Rights Commission.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Discussions with Cabinet colleagues are at an early stage, but I can say that we want a commission or similar body to examine the issues and make recommendations that restore people’s trust in our democracy and the institutions that underpin it. No decisions have been made yet on the appointment of such a body, its scope or composition. I will update the House in due course.

--- Later in debate ---

[Robert Buckland]

The commission will look at a range of issues. I think I have made my position about the independence of the judiciary and the integrity of the appointments process very clear. It is nobody’s wish, I think on either side of this House, to see political influence being brought to bear on the appointment of judges. It is important to remember that we do not have a constitutional court, or a US-style system in this country and it is not something I would wish to see replicated here.

[Martyn Day]

It has been reported that the commission is expected to look at prerogative powers. Currently their use can be challenged in the courts, which led to the ruling against the Prime Minister’s Prorogation of Parliament. Does the right hon. and learned Gentleman agree that it is imperative that the courts still have jurisdiction to look at prerogative powers?

[Robert Buckland]

I am grateful to the hon. Gentleman for raising an important issue. After the stresses and strains we have all seen the constitution being put under as a result of the tumultuous events of the past few years, it would be wrong of the Government not to pause, take stock and look at the general constitutional position through the lens of the public because it is all about public confidence and the confidence the public have in this place being the ultimate arbiter of our democracy, which is key. But we will take time and do it in a measured way. I very much hope and expect that the commission will come up with some evidence-based solutions.