Sovereignty, tackling terrorism and even Macbeth are on the agenda in the latest Lord Speaker’s Corner as David Anderson, Lord Anderson of Ipswich KC, speaks to Lord McFall of Alcluith.
‘You were inventing effectively a new system… that had to be common to all the difference countries of Europe… It seemed to me much better to do it that way than to be fighting each other as we had been for hundreds of years.’
King’s Counsel Lord Anderson is a leader in European and public law. He has been involved in multiple ground-breaking legal judgments and argued more than 180 cases at the European Court of Justice and European Court of Human Rights. In this episode, he talks to Lord McFall about Factortame, the landmark case on parliamentary sovereignty versus European law that saw English courts disapply an Act of Parliament. He also discusses the impact of this and other cases, reflecting ‘I did wonder in retrospect whether it might've been one of the reasons for Brexit.’
Lord Anderson also explains his thinking on sovereignty and where power lies today:
‘I think in having a political constitution where Parliament is in charge, we've done the right thing. Where I think the difficulty lies is in the relationship between the executive and Parliament... I think it was Gladstone who once said that our constitution more than any others presumes the good sense and the good faith of those who work it.’
He also shares his perspective that we don’t need a written constitution but argues ‘if we had a constitutional code or a code of constitutional principles for use in legislation, then that would help actors in the constitutional drama. And I think it would also help inform the public.’
Lord Anderson was previously the Independent Reviewer of Terrorism Legislation. His work, including the influential report A Question of Trust, paved the way for greater transparency of the government’s powers and their use:
‘It was dangerous because there was not sufficient trust of the people that are supposed to keep us safe. So what we ended up with was a bill which became an Act of Parliament, which greatly increased the transparency. That doesn't mean telling the bad guys everything you're doing. But it does mean being clear with Parliament and the public what the powers are and how in principle they could be used.’
He also advised the government on the need for change following the Westminster and Manchester terror attacks, and argued for more cooperation including beyond the state. He explains ‘if you are going to be effective, for example in stopping people from buying bomb-making ingredients online, you're going to need collaboration from big private companies as well, online marketplaces or online sellers and so on.’ Lord Anderson also cautions about reacting to events, warning ‘if you are foolish enough to overreact to what they are doing or to what they are threatening to do, then you are giving them exactly what they want. Because you are marginalising whatever suspect community they are trying to draw their support from… it's hard to do it sometimes, but you've got to retain the rule of law.’
See more from the series https://www.parliament.uk/business/lords/house-of-lords-podcast/
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