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Queen's Speech

My Lords, I agree with what the noble and learned Lord, Lord Lloyd of Berwick, said about the possibility of amending the law on murder, particularly partial defences. I also agree very strongly with the views of the noble Baroness, Lady Goudie, and the right reverend Prelate the Bishop of Portsmouth about the human trafficking legislation and the likelihood that the Government will lead a movement to have the convention made law throughout the European Union. I also agree very strongly with the view expressed by the noble Baroness, Lady Goudie, about the excellence of the reforms that the Law Commission produced. Where legislation can be guided by these reforms, it will be all the better for it. The gracious Speech refers to the Government carrying forward the work of constitutional renewal, on which they have already produced a draft Bill. The Bill has been considered by a Joint Committee, which reported on 22 July 2008. Before I comment on this further, I wish to mention the effect of the Constitutional Reform Act. There is an interesting comparison to be made between constitutional renewal on the one hand and constitutional reform on the other. I am not exactly sure what the correct analysis is. The Act takes the Law Lords out of this House and sets them up, from 1 October, as justices of the Supreme Court. There has been, and will continue to be, a considerable increase in the cost of the administration of justice in this country. I venture to suggest that the additional cost will not affect the quality of the justice that we have been accustomed to receive from the Law Lords and which has given the House of Lords a name and reputation of the highest standing the world over. The same quality will now be delivered by the Supreme Court of the United Kingdom as one among many supreme courts all over the world. This increased cost, without any likelihood of a change in the quality of the justice and judgments produced, has been allocated to be borne by the courts of the United Kingdom as a whole. In effect, it has led to substantial increases of cost in the lower courts; for example, the cost of presenting a claim on behalf of a local authority to take a child into its care. Some commentators appear to take the view that this has led to a substantial reduction in such claims on behalf of local authorities, which preceded the publication of the details of the woeful case of Baby P in Haringey. Increasing costs in this way for no particular increase in the standard of justice can have detrimental effects on parts of the justice system. In a time of financial stringency, such increase in costs, without any significant increase in the quality of the justice administered, may be difficult to justify. The reason given for this is the desire to promote the separation of powers, which was a part of our constitution that hitherto has not been put into effect with the kind of rigour we have had in the past year or two. I have to point out, however, that the rigour extends only to the judges in the House of Lords. There may be quite a case for considering the application of this principle to the House of Commons and the Executive, and for considering whether it is right that Parliament, with the job of monitoring the work of the Executive, should have such a high proportion of members of the Executive in its membership. I should like to turn to the effect of the draft constitutional renewal Bill on the situation with regard to the Attorney-General, a position that is a vital part of our constitution. It is fundamental that it should be fulfilled by a distinguished lawyer who is a Member of one of the Houses of Parliament and is directly accountable to Parliament in the House to which he or she belongs and by a committee or otherwise to the other House. It is vital that the Attorney-General is a member of the Government; namely, that her position in the Government is that of a senior member who is not a member of the Cabinet. It is right that the Attorney-General attends Cabinet only in so far as is necessary to give legal advice. It is important that the Attorney-General’s position is not as a member of the Cabinet to underline the fact that the Attorney-General’s decisions are his or her own, with the members of the Cabinet having no responsibility whatever for them. The proposal in the draft Bill to strip the Attorney-General of the power to make decisions in individual criminal cases is thoroughly objectionable. It does not apply where national security issues are raised. If the Attorney-General can properly take part in deciding cases in which national security issues are involved, how is the disqualification justifiable in other cases? The Joint Committee heard evidence on these issues. The noble and learned Lord, Lord Falconer of Thoroton, the former Lord Chancellor and Solicitor-General, said that the public perception was that the Attorney-General was part of ““the gang””, making it necessary for the Attorney-General to be a totally independent figure. I would hesitate to use that description for the members of the Government, but the noble and learned Lord used it and, by that time, he was not a member of the Government, but he had been. I do not know where this perception comes from. Obviously I move in different circles from that of the noble and learned Lord, but I have never heard anyone describe the Government as a ““gang”” in the sense in which he used the expression; that is, to denigrate the personal integrity of the Attorney-General. In my view, this approach casts aspersions on all members of the Government. The right honourable Geoff Hoon has stated that he alone will decide whether the proposal for a third runway at Heathrow can go ahead. That is an extremely important decision which is committed to him as a member of the Government. I believe that the public of this country accept the view that when people are elected and take public office, they do not proceed in a partisan way but make decisions that are in the best interests of all our citizens. I see no reason on earth why the Attorney-General should not be subject to the benefit of the same point of view. If this Bill comes back at all—it does not look as if it will during this Session—I hope that it will have a very different appreciation of the position of the Attorney-General.