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Lords of Appeal in Ordinary

My Lords, the separation of judicial and legislative powers is upon us. Today, we mark the end of 600 years of judicial work in the House of Lords. Some will lament its passing but, perhaps, it is the inevitable end point to a gradual withdrawal on the part of the Law Lords from the daily business of the House in support of the principle of the independence of the judiciary. It was not ever thus. Lord Carson, appointed in 1921, was an outspoken controversialist in Irish politics; it is recorded that, contrary to convention, his maiden speech on Home Rule was neither short nor uncontroversial. In the past decade or so, there has been a significant decline in the Law Lords' participation in public business, and now it has for all practical purposes ceased to exist. That said, I have here to acknowledge the valuable chairmanship by the noble and learned Lord, Lord Mance, of Sub-Committee E of the European Union Committee. There can be no doubt that the presence of the Law Lords has lent Parliament a dignity and a trust that has been very useful in the current climate. There is, too, something less easy to define—dignity and expertise certainly, but also the greatly valued aura of quiet and considered professionalism that the Law Lords have provided and which is conveyed to a wider public. That is another most welcome attribute in this day and age. Most of us would acknowledge that even the so-called educated public are not entirely familiar with the separate nature of the work of the Law Lords, as the noble Lord, Lord Wallace of Saltaire, reminded us. Luckily, we Peers have stood in the shadow of this aura, to our great benefit. Beyond this, the House has benefited immeasurably from the wisdom and experience of retired Law Lords in contributing to legislation. Here I would mention, for example, the noble and learned Lords, Lord Woolf, Lord Steyn, and Lord Lloyd of Berwick, and the late Lords Ackner and Slynn. The judgments delivered by the Law Lords have commanded respect and admiration from other courts around the world for their intellectual force, constitutional perspective and the downright good sense of speeches in the Appellate Committee. Despite the current self-imposed restraint, the importance that the Law Lords have attached to being part of the legislature can be gathered from their refusal, as recently as 1965, to move to the Middlesex Guildhall. The argument then is perhaps much the same now: being physically distant from the Chamber would in their opinion discourage participation in future debates and the necessary familiarity with the House and its practices. This is the issue which we must now tease out and resolve. Clearly, some Law Lords who retire as Justices of the Supreme Court will return to this House and provide the expertise for which they are renowned. Unhappily, this pool of decades of legal experience will gradually dry up as the Law Lords are no longer automatically granted peerages. Some may well be appointed as Peers upon retirement, but this will also depend on which way House of Lords reform swings. I think it unlikely that these giants of the legal profession will submit themselves to the hurly-burly of electioneering, should a fully elected House be the choice. In the mean time, the task must be to devise mechanisms to keep in touch with what goes on across the square and to ensure that what goes on here is similarly conveyed to Middlesex Guildhall. Conversations are continuing on this matter. At this historic moment, I would like to thank, on behalf of the Cross Benches, the Law Lords for their contribution to the work of this House and to wish them every success in their new place of work across Parliament Square.