"I sincerely hope that that will not happen: that is the reason we have put it on the basis of the majority being in favour of the change. If we were to ask them and they were against it, that would be a real slap in the face for devolution. …..." Lord Mackay of Clashfern - View Speech
"The noble Lord will of course have in mind that the Assembly voted in favour of same-sex marriage. However, that is singled out, simply because the Assembly voted against it before. Therefore, if we are to respect devolution, in view of the suggestions that things have changed completely, it should …..." Lord Mackay of Clashfern - View Speech
"My Lords, I took some part in previous discussions of these matters in relation to the powers of the Lord Chief Justice and the fact that he—or she, if it happens to be so—is now the head of the judiciary and the Lord Chancellor is not. I am inclined to …..." Lord Mackay of Clashfern - View Speech
"Exactly. He is doing exactly what I think is required. If the person who has the responsibility finds out that it is okay with the Lord Chief Justice—at least that is what I hope would happen—that person then goes on and does it. Therefore, consultation is probably the right balance …..." Lord Mackay of Clashfern - View Speech
"We are talking about Clause 9, which is to do with regulations, not the making of the rules. It is the effect of existing law in relation to the rules that has to be dealt with...." Lord Mackay of Clashfern - View Speech
"My Lords, the Government’s view was expressed at Second Reading, but Amendment 1 seems to strike at the heart of what is required. Clause 1 states,
“may authorise or require the parties”.
to use electronic means at hearings. That suggests the possibility of compulsion that would not exclude any section …..." Lord Mackay of Clashfern - View Speech
"Before my noble and learned friend leaves Amendment 3, I understood him to say he would accept it, so that it would go into the Bill—although without, I hope, the choice of the combination...." Lord Mackay of Clashfern - View Speech
"My Lords, I have some difficulty with Amendment 1 and the answer that my noble and learned friend has given. As I understand it, the amendment deals with rules. It is not judicial discretion but rules that may require the parties to participate in the hearing by means of electronic …..." Lord Mackay of Clashfern - View Speech
"My Lords, I am supportive of Amendments 5 and 13, which outline the sort of assistance that is very much required. For Amendment 13, my preference is that the particular agency should be in some way connected with the Courts & Tribunals Service so that judicial supervision is available in …..." Lord Mackay of Clashfern - View Speech
"Having had the honour of holding the office of Lord Chancellor when the Lord Chancellor was the head of the judiciary, I think it is right for me to say a word or two about the present position.