By Lord Hunt of Kings Heath - 18th March 2011
Following his oral question in the House of Lords, Lord Hunt of Kings Heath urges the government to "uphold the continual independence of the judiciary."
Sexual offences are some of the most horrific crimes committed and we should be very tough on offenders. Equally, the role of the courts ought to be respected.
I had an oral question in the Lords on 17 March about the statement made by the home secretary to the House of Commons on 16 February. Mrs May used this to make an extraordinary attack on a Supreme Court judgment on the sex offender register.
This concerned the requirement on sexual offenders sentenced to 30 months imprisonment or more, to keep the police notified of where they are living and if they intended to travel abroad. This duty persists until they die with no right of review of the notification requirements.
The Supreme Court was being asked to decide whether the absence of any right of review is incompatible with Article 8 of the European Convention on Human Rights. The Court concluded that because there is no provision for individual review of the notification requirements, it is a disproportionate interference with Article 8 rights.
The Supreme Court also concluded that there must be circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence can be discounted to the extent that continuance of notification requirements is unjustified.
But, the Supreme Court also emphasised that sexual offenders can inflict harm, whose consequences persist through the lives of their victims and that some sexual offenders never lose their predisposition to commit sexual offences. The Court also made clear that it is open to the legislature to impose an appropriately high threshold for review.
It is concerning that such an obviously measured judgment was received with a barrage of intemperate abuse by government ministers. The prime minister weighed in and Mrs May said it was an appalling decision and accused the Court of making the law rather than Parliament.
In fact, the Supreme Court did not substitute its decision for that of politicians, but rather ruled on whether the government was acting in accordance with the law. Ministers should be upholding the role of an independent judiciary which is one of this country's most cherished freedoms – not undermining them.
It's why the last government took the Constitutional Reform Act, 2005 through Parliament. This makes it clear that it is the duty of the lord chancellor and other ministers to uphold the continual independence of the judiciary.
It would be interesting to know if the lord chancellor has reprimanded the home secretary. If not, why not?
Philip Hunt was raised to the peerage as Baron Hunt of Kings Heath in 1997.
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