Frances Gibb, The Times Legal Editor
Claim your free 2010 double sided wall chart
Jack Straw moved to defuse the deadlock between ministers and judges last night with a pledge to fight for their funding and defend their independence.
In his first address to an audience of judges, the new Justice Secretary also made clear that ministers should not “criticise individual judgments” nor show lack of respect for the judiciary or judges.
The remarks by Mr Straw, who also holds the post of Lord Chancellor, were made in front of the Lord Chief Justice and several hundred judges attending their annual dinner hosted by the Lord Mayor of the City of London.
At the same dinner, the Lord Chief Justice, the country's most senior sitting judge, said that in future, he would make an annual report to Parliament on the running of the courts.
The administration of justice, Lord Phillips of Worth Matravers said, was “inevitably and quite properly” of public and Parliamentary interest.
“I have therefore come to the conclusion that the right course is to produce a report on the administration of justice which I will lay before Parliament annually.
“My hope is that this will serve to strenghten understanding between Parliament and the judiciary.”
The senior judges are locked in a dispute with ministers over the creation of the new Ministry of Justice.
They are concerned that the funding for the courts will be plundered to meet the needs of prisons, which are now in the same department.
A second concern is that they will come under pressure to tailor sentences according to prison spaces rather than what is appropriate.
Mr Straw did not commit himself to ring-fencing their budget and he reminded the judges that all departments had to operate “within the financial limitations imposed by the Treasury”.
Nor, he added, would a different structure necessarily be a guarantee of resources.
He said: “The assumption that the courts are more vulnerable now than they would be if they were part of a smaller, discreet department is not one I share.”
But he added: “I am committed to taking the time to better appreciate the siutation and arrive at a mutually agreed undertaking. I hope that the judiciary will understand that I need time to consider the situation.”
Mr Straw underlined the importance of the relationship he must forge with the judiciary, particularly as he is the first Lord Chancellor to sit in the House of Commons.
“How I act, and to what standard, will set a framework for future holders of the office,” he said.
Declaring his commitment to judicial independence he added that this would be “as nothing if the courts were not able without impediment to criticise and where needed, correct, acts of commission or omission by the executive”.
In a sideswipe at criticims by John Reid, the former Home Secretary, he said that ministers should not “gratuitously criticise individual judgments, nor show a lack of respect for the institution of the judiciary or its members”.
He added: “After all, it is we in Parliament who ultimately make the law, and therefore have to accept its consequences.”
Mr Straw also made clear that he would remove himself entirely from a role in judicial appointments, as already signalled by Gordon Brown in his proposed constitutional reforms.
He said: “I will not second guess the recommendations of the Judicial Appointments Commission. “
Lord Phillips of Worth Matravers told the judges that he was concerned about delays in the new system of judicial appointments and that steps could be taken to speed those up.
But he rejected the suggestion in Gordon Brown’s green paper that Parliament should have a role, similar to the American system. That idea “is not one for which I feel any instinctive sympathy,” he said.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
£123,460 pa
The Law Commission
London
Southwark County Council
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Choose from the beautiful landscape and tranquil beaches of Oahu, Kauai, Maui & Big Island.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.