Member

Due to the separation of powers, in my nearly 15 years in this House I have been continually bemused by the difficulty of obtaining the views of the judiciary, which are precisely what we need here. It seems to me that what happens is that retired members of the judiciary write articles in the media that, one suspects, might be the views of the current judiciary. Sir James Munby, retired President of the Family Division, has written numerous articles over the past couple of years about why this is not a judicial function and about judicial capacity—I believe that they were persuasive in the other place. Noble Lords, in considering such a fundamental change to the Bill, are now without his wisdom, as he sadly died suddenly on New Year’s Day. I regret that your Lordships never had the benefit of his wisdom, as I believe that one can never have too many retired Presidents of the Family Division in your Lordships’ House.