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Lord Chancellor’s Oath and the Rule of Law

14 October 2020

Lead MP

Joanna Cherry
Edinburgh South West
SNP

Responding Minister

Alex Chalk

Tags

ScotlandBrexit
Word Count: 14212
Other Contributors: 5

At a Glance

Joanna Cherry raised concerns about lord chancellor’s oath and the rule of law in Westminster Hall. A government minister responded.

Key Requests to Government:

What will the Lord Chancellor do to honour his oath to respect the rule of law in light of recent developments?

How the Debate Unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said:

Lead Contributor

Edinburgh South West
Opened the debate
The Lord Chancellor's first year in office has been marked by attacks on legal professionals, judiciary, and proposals to restrict judicial review. Concerns over the UK Internal Market Bill undermine rule of law principles, impacting Northern Ireland's Good Friday Agreement and Scotland's devolution settlement. Legal implications include challenges to international obligations and threats to independent Scottish legal system.

Government Response

Alex Chalk
Government Response
It is a pleasure to serve under your chairmanship, Mr Twigg, and to respond to a debate back here in Westminster Hall. I congratulate the hon. and learned Member for Edinburgh South West (Joanna Cherry) on securing the debate and thank her for her wide-ranging but tightly-argued important representations. The role of the Lord Chancellor is different from that of the Law Officers who provide legal advice to the Government, as it does not include providing legal advice to the Government of the day. The Lord Chancellor's oath, set out in the Constitutional Reform Act 2005, respects the rule of law and defends judicial independence while ensuring resources for efficient court support. While there are differing views on the scope and content of the oath, its importance remains significant within a wider constitutional context. Equality before the law, access to independent and impartial justice, and government accountability under the law are core principles of the rule of law. The UK is committed to international human rights obligations and judicial independence is fundamental to our democracy. Judges benefit from immunity from lawsuits for their judicial actions and must dispense justice fearlessly. Reform efforts should be considered carefully without discarding important elements like judicial review. Resources have been allocated to support courts during the pandemic, with a focus on technology upgrades and funding increases. The UK Internal Market Bill (part 5) would only be used in cases of material breaches by the EU that undermine the Northern Ireland Protocol. On a personal note, I am pleased that the Lord Chancellor is committed to upholding the rule of law.
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About Westminster Hall Debates

Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.