King’s Speech

Lord Meston Excerpts

Wednesday 8th November 2023 Lords Chamber

[Lord Meston (CB)]

My Lords, it feels strange to stand and speak here for the first time after 24 years. In 1999, when many of us left—not expecting to return—what was to follow was then being described as the transitional House. Having come back, I have to observe that it seems that the transition has been only gradual and may well have some way to go. Meanwhile, it is good to see again some friendly and familiar faces, so remarkably preserved by the rejuvenating qualities of this place.

In the intervening period, I have worked as a full-time judge, latterly exclusively in the family courts. I was fortunate to work for some time on the Western Circuit when the noble and learned Lord, Lord Burnett of Maldon, was the popular and highly respected presiding judge. He was seen as a mainstay of judicial independence, the importance of which was conveyed so well by his maiden speech.

Today’s sad news leads me to add that, long before that, like so many of my generation, I was trained as an assistant recorder by Mr Justice Judge, as he then was. He ran training courses with firmness, good sense and good humour. Like many, I am for ever grateful for the confidence that he instilled in me at the start of my judicial career. Later, in this House, he showed care for the quality and viability of legislation, as do all judges and former judges who are the direct consumers of legislation produced by Parliament. As so many have already said, Lord Judge will be greatly missed.

I turn to the gracious Speech. Experience in the family courts leads me to welcome and support the proposed introduction of what has been called Jade’s law, which is expected to provide for the automatic suspension of the parental responsibility of a parent who is convicted of the murder or voluntary manslaughter of their child’s other parent. I pay tribute to those who have pressed for the implementation of this measure.

There are few more difficult cases for a family court to deal with than having to decide the best arrangements for a child or children when one parent has killed the other. In reality, the child concerned will have lost both parents. The child will be traumatised, confused and in need of immediate expert support. Sadly, there can sometimes be competing claims to care for the bereaved child from within the wider family; sometimes there is also a necessity to consider placement away from the surviving family.

Both short-term and long-term arrangements for the child or children are always required. These certainly should not be impeded by the unreasonable or inappropriate exercise of parental responsibility by the perpetrator or alleged perpetrator of the killing. However, it should also be recognised that the need for the family court to make swift and informed decisions in the interests of the child can still be hampered by the slower pace of the criminal proceedings, particularly if they are prolonged by applications to appeal or, as I have experienced, applications to the overstretched Criminal Cases Review Commission.

This is not the time to anticipate detailed consideration of how the new provisions will be aligned with established best practice in the family courts. It simply needs to be understood that Jade’s law will not resolve all difficulties or complexities, but it should help to provide some finality and certainty for the children and surviving family members.

Wishing to be brief, I will not take up much time on the more vexed question of dealing with defendants who will not come into court for sentencing. That is behaviour which plainly dismays the victims and their families. Having myself been sworn at over the years by a number of defendants, usually when leaving the dock just after sentence, I simply suggest that whether or not and how to react to the behaviour of a defiant or recalcitrant defendant who will not get into the dock in the first place should still, so far as possible, be left to the discretion of the responsible judge. I am not alone in being concerned about imposing a duty on custody staff to manipulate and manhandle defendants into court. However, I accept that there may well be a case for an additional penalty to mark disapproval of deliberate and unjustified refusal to go into court, even if, in reality, that has little or no meaning for defendants already due to receive very long sentences.

I hope that these problems will receive further thought and debate when the Bill comes here.