EuropeSouth AsiaAsia PacificAmericasMiddle EastAfricaBBC HomepageWorld ServiceEducation
News image
News image
News image
News imageNews image
News image
Front Page
News image
World
News image
UK
News image
UK Politics
News image
Business
News image
Sci/Tech
News image
Health
News image
Education
News image
Sport
News image
Entertainment
News image
Talking Point
News image
In Depth
News image
On Air
News image
Archive
News image
News image
News image
Feedback
Low Graphics
Help
News imageNews imageNews image
Monday, July 5, 1999 Published at 13:58 GMT 14:58 UK
News image
News image
UK Politics
News image
Lord Irvine keeps his wig
News image
Lord Irvine rejects claims that he should not sit as a judge
News image
By Legal Affairs Correspondent Joshua Rozenberg

The lord chancellor is a member of the legislature (where he is 'speaker' of the House of Lords), a member of the executive (the highest-paid cabinet minister) and a member of the judiciary (presiding - when he chooses to sit - over the appellate committee of the House of Lords and the judicial committee of the Privy Council).

For many years, critics have been arguing that the lord chancellor should hang up one of his three wigs.

Most recently, the lawyers' reform group Justice said the provision which allowed the lord chancellor to sit as a judge was "inherently flawed" and created an appearance of bias.

But successive holders of this ancient office have maintained that there are great strengths in the existing arrangements. And now the present lord chancellor, Lord Irvine of Lairg has rejected calls for change.

In a speech to a meeting of judges from throughout the common law world, Lord Irvine said that as lord chancellor he acted as a guarantor of judicial independence, mediating between the executive and the judiciary when necessary.

"The judiciary has a representative in the cabinet," he said, "and the cabinet in the judiciary." The lord chancellor held the different parts of the constitution together, withstanding pressure from all sides.

No reason to change a 'beneficial system'

Lord Irvine also defended the position of the law lords. They're senior judges, especially appointed to the House of Lords from the appeal courts of England and Wales, Scotland and Northern Ireland. They sit full-time to hear appeals but they're also entitled to take part in parliamentary debates.

From time to time, they have taken sides in matters of political controversy. This was particularly noticeable in the months leading up to the General Election of 1997.

Some critics argue that the law lords should cease to play any part in the legislative process. Others say the law lords should be abolished, leaving the last word with the different appeal courts of the United Kingdom.

A Royal Commission on reform of the House of Lords was appointed in February of this year. One of the questions it is considering is whether the law lords should be removed from parliament and replaced by a new Supreme Court.

But Lord Irvine has rejected this idea too. He believes they law lords make a distinctive contribution to the work of the House of Lords in debates on the administration of justice. Lord Irvine says they also make valuable contributions to the work of select committees. He sees no reason to change such a "beneficial system".

Lord Irvine said the government would give "careful consideration" to any recommendations the Royal Commission might make. At present, though, it did "not regard the case for this legislative change as made out."

News image


Advanced options | Search tips


News image
News image
News imageBack to top | BBC News Home | BBC Homepage |
News image

News imageNews imageNews image
UK Politics Contents
News image
News imageA-Z of Parliament
News imageTalking Politics
News imageVote 2001
News imageNews image
Relevant Stories
News image
05 Jul 99�|�UK Politics
Irvine defends role as judge
News image

News image
News image
News image
News imageIn this section
News image
Livingstone hits back
News image
Catholic monarchy ban 'to continue'
News image
Hamilton 'would sell mother'
News image
Straw on trial over jury reform
News image
Blairs' surprise over baby
News image
Conceived by a spin doctor?
News image
Baby cynics question timing
News image
Blair in new attack on Livingstone
News image
Week in Westminster
News image
Chris Smith answers your questions
News image
Reid quits PR job
News image
Children take over the Assembly
News image
Two sword lengths
News image
Industry misses new trains target
News image

News image
News image
News image