Would-be judges will no longer have to declare if they are Freemasons, the Government said yesterday.

The policy reversal was announced by Jack Straw, the Justice Secretary, after a threat of legal action forced a review. He said that it would be “disproportionate” to continue with the practice.

The United Grand Lodge of England threatened legal action in May, prompted by a European Court of Human Rights decision. The judges ruled in an Italian case in 2007 that the requirement to disclose membership was a breach of the rights to privacy and freedom of association.

Mr Straw said in a Commons written statement that his department’s review had indicated no evidence of “impropriety or malpractice” as a result of any judge being a Freemason.

There were “existing safeguards that help support the proper performance of judicial functions”, including the judicial oath and an official complaints procedure.

In his statement, Mr Straw said that since 1998 all first-time, successful candidates for judicial appointment or the magistracy had been required to declare whether they were Freemasons.

The aim of the ruling was to “promote public confidence in the judicial system” after a report on the issue by the Home Affairs Select Committee. This had found no evidence of impropriety on the part of judges who were members. “Its recommendations were therefore of a precautionary nature and intended to maintain public confidence in the criminal justice system.”

Mr Straw said that he decided to review the position after representations by the United Grand Lodge following the European Court of Human Rights case.

“As a result of this review we have decided to end the current policy of requiring applicants for judicial office to declare membership of the Freemasons.”He added: “In my judgment it would be disproportionate to continue the collection or retention of this information.”

He remained committed to the objective of ensuring public confidence and transparency in the justice system and would keep the issue under review, he said.

It was Mr Straw who, as Home Secretary, introduced the policy in 1998 for police and judges. He announced that the Government would create a register of Freemasons working in the criminal justice system unless they were prepared to name themselves.

But senior judges resisted being required to make the declaration. Lord Bingham of Cornhill, then Lord Chief Justice, said at the time that there had never been “a vestige of evidence that any judge in any case ever in this country has been diverted from his duty by any conflict arising from Freemasonic association”.

Declaration remained voluntary for judges in post but became compulsory for new judges. The move also applied to magistrates, crown prosecutors, prison staff and probation officers.

The statistics, not names, are made public only if requested under Freedom of Information laws. These show that on April 1 this year 5.4 per cent of judges and 6.4 per cent of magistrates were Freemasons.

The move to reveal masonic membership in the criminal justice system came after a report by the Commons Home Affairs Committee chaired by Chris Mullen, which concluded that there was “widespread suspicion about masonic links”.

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