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Report questions Lord
Irvine's triple role Staff and agencies Monday March 3, 2003 The lord chancellor, Lord Irvine, should be barred from sitting as a judge, a draft European report argues today. The lord chancellor's unique triple role as judge, member of the cabinet and Speaker of the House of Lords breaches the convention on human rights, which guarantees trial by an "impartial and independent tribunal", according to the report. A Dutch professor of constitutional law, Erik Jurgens, presented the report to the council of Europe today, after taking evidence from senior British judges. His report urged the UK to "review the office of the lord chancellor ... in such a way that his judicial function is no longer combined with membership of the cabinet and with the presiding membership of a chamber of the legislative assembly", the Times reported today. But the Lord Chancellor's Department rejected his argument. A spokeswoman said: "Lord Irvine outlined his views on this in a speech as far back as 1999. "The lord chancellor does not sit in any case where the interests of the executive are engaged, so there is no conflict of interest." Although the government cannot be forced to comply with council of Europe recommendations, an endorsement of Mr Jurgens' recommendation by the 44-nation body would be an embarrassment, as it would mean the UK was in breach of a convention it had signed up to. |