MPs condemn ‘improper’ attacks on judges

The offices of lord chancellor and the attorney general have become politicised, an all-party group of MPs has concluded in a strong warning about political threats to judicial independence. 

The All Party Parliamentary Group on Democracy and the Constitution, chaired by Labour MP Geraint Davies, found that in recent years, law ministers including the lord chancellor, have no longer seen their only priority as defending the rule of law and the independence of the judiciary but also to actively promote government interests.

'This has included turning a blind eye to accusations of “the enemy within” or even to encourage doubt in the impartiality of our judges which risks undermining public confidence in the law itself,' the group's report 'An independent judiciary - challenges since 2016' funded by the Joseph Rowntree Reform Trust, states.

Ministers are accused of acting 'in a manner that may be considered improper or unhelpful given their constitutional role. This includes making public statements which misrepresent judicial decisions, launching ad-hominem attacks on judges who decide against them, responding to adverse decisions with threats to “reform” the judiciary (including to bring it under political control), and conflating “decisions with political consequences” with “political decisions”, thereby giving the misleading impression that judges are stepping outside their constitutional bounds.'

Such actions of the executive have had a 'concerning impact on the judiciary', the report states.

The group makes three recommendations to the government:

• To place judicial independence in the foreground in the forthcoming independent review of the Constitutional Reform Act/Supreme Court.
• Provide statutory guidance for ministers on their constitutional duties towards the judiciary.
• Provide statutory guidance on the appointment and conduct of law ministers.

'Issues around the safeguarding of our independent judiciary need to be centre stage in forthcoming legislation,' Davies said.

This article is now closed for comment.