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ref date:27 Oct 1998 (SI)
Law lord MUST be excluded from Scotlands parliament

LORD Irvine, the Lord Chancellor, could be stopped from sitting as a judge in cases involving Scotland under proposals from two leading lawyers. Lord Lester, an eminent human rights QC, and Lord Goodhart, QC, have tabled an amendment to the Scotland Bill to try to stop Lord Irvine (the Lord Chancellor) or his successors sitting in Scottish cases after the Holyrood parliament sits in Edinburgh.

Lords Lester and Goodhart also hope to block Lord Irvine, a Cabinet minister, sitting as a law lord in cases involving the Government.

Lester and Goodhart claim if he is allowed to sit on governmental issues affecting Scotland then this would be a clear breach of separation of powers which states that the judiciary, executive and legislature are kept separate. It may also be a breach of Article 6 of the European Convention on Human Rights, the right to an independent and impartial court.