Matters sub judice

Part of the debate – in the House of Lords at 3:30 pm on 11 May 2000.

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Photo of Lord Williams of Mostyn Lord Williams of Mostyn Attorney General, Law Officers' Department, Deputy Leader of the House of Lords 3:30, 11 May 2000

My Lords, the noble Lord said "a final comment". I therefore sail forward with every confidence that we are drawing to a conclusion.

The point made by the noble Earl, Lord Onslow, is mistaken. The Leader of the House presently has the discretion of which he speaks. The discretion vested--and which will remain vested--in the Leader of the House is to extend the privileges of your Lordships to discuss matters, not to limit them.

The noble Lord, Lord Renton, raised the question of whether or not it should be the Lord Chancellor who had this duty. I make two short points in regard to that. First, this matter was fully considered by the committee at paragraphs 200 and 201. As I said earlier, it came to the conclusion that the appropriate person, probably, was the Leader of the House. I have not had the opportunity to consult the noble and learned Lord the Lord Chancellor, but one has to bear in mind that he is at the apex of the judicial pyramid. When one is talking about questions of sub judice, I respectfully suggest that it seems more appropriate that the Leader of the House should have the discretion. To paraphrase one or two words I heard yesterday, it has worked very well in the past; there is no reason why it should not work well in the future.