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Proceeding contribution from Oliver Heald (Conservative) in the House of Commons on Tuesday, 10 October 2006. It occurred during Adjournment debate on Independence of the Judiciary.


Independence of the Judiciary

Certainly, there is sometimes a public perception that criminals are not being properly sentenced. My experience of judges is that they are doing their very best to give the right sentence for the right case, and that by and large they get it right. I do not think that we have a general problem, but my hon. Friend might be right that there is a public perception that the system does not work as well as it should. There may be a case for more debate in Parliament, and it may be right to consider further ways of scrutinising the system, but my instinct is that a bit of self-restraint from the media and the political world regarding judicial independence and sentencing would not go amiss. That may be because I am a lawyer by background, and my hon. Friend is right to ensure that I am kept on the straight and narrow and consider what the public think, but I do not think that we have a problem with our judges and courts. Neither do I agree with the Prime Minister when he says that we should modernise the whole process—meaning throw away some of our fundamental and ancient liberties, which are important to us. The debate is timely, and it is right that the Conservatives are considering a Bill of Rights and how it might operate. We have started to consider the scope of it, but it is not an easy exercise. There are already several attempts out there, such as the European convention on human rights and the European Union charter of fundamental rights, and we are being careful to look at the relevant issues constructively. I welcome the cross-party support given to us by the hon. Member for North Southwark and Bermondsey in that endeavour, but all I will say to him is, ““Watch this space””. We are doing a serious job, and will hopefully be able to co-operate with parliamentarians of all parties in seeking a solution which meets the British need. One problem with the Human Rights Act 1998—I do not know whether the hon. Gentleman agrees—is that it did not give us the margin of appreciation, which would be extremely useful. If we can include that in a Bill that is genuinely British in its intent, we can do something worth while.


Secondary information

Type
Proceeding contribution
Reference
450 c37-8WH 
Session
2005-06
Chamber / Committee
Westminster Hall
Subjects
Administration of justice Constitutions Human rights Judiciary Media Political impartiality Sentencing Reform
Link
View this Proceeding contribution on www.publications.parliament.uk