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Brexit - Motion to Take Note

Part of the debate – in the House of Lords at 8:37 pm on 2nd October 2019.

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Photo of Lord Hamilton of Epsom Lord Hamilton of Epsom Conservative 8:37 pm, 2nd October 2019

No, I am not going to give way any more. I have given way endless times, and it does not seem to be taken into account when I am gone after.

That is what will happen. They will be asked about all these things, and we will move over to an American system whereby when there is a Conservative Administration a lot of conservative judges will be appointed, and when there is a Labour Administration a lot of socialists will be appointed. Is that what we want? No, it certainly is not. We do not admire the American system of having politicised judges and a politicised Supreme Court. It would be a very retrograde step.

I am not taking any notice of my noble friend on the Front Bench. I have had so many interventions that I will have to speak a little longer. We are between a rock and a hard place. If we have a written constitution, we will have to completely review the role of the Commons versus the Lords and the relative powers of the two Chambers. We will have to look at the Commons versus the Executive and the role of the Speaker. We will have to look at the judiciary as well. I was rather hoping that the noble Lord, Lord Judd, would reach the conclusion that we should move from an unwritten constitution to a written one. That is the only way that we will save the institutions of this country. Too many people are trying to push the boundaries of a system that has built up over the years and we are now moving into very dangerous territory indeed.