Frances Gibb, Legal Editor The Times
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Is Jack Straw managing to pull it off with the judges? This week the Justice Secretary, aka Lord Chancellor, was clearly proffering plentiful olive branches to ease the deadlock in the continuing discord between the judiciary and the executive.
Straw inherited the judges’ dispute from his predecessor, Lord Falconer of Thoroton. But he does not carry the same baggage.
First, he starts from the obvious advantage that he did not set up the contentious Ministry of Justice. Nor was he involved when, in 2003, Tony Blair set about seeking to abolish the office of Lord Chancellor, creating a supreme court and dismantling the delicate constitutional framework between the judiciary and executive.
He is also a known and respected minister. One Labour insider said: “The judges were hugely relieved that they did not get any of the other ministers on offer — people who are even more red-blooded, populist or hostile to the legal profession."
So it is easier for Straw to acknowledge judicial concerns — and this week he has gone out of his way to make clear he does so — and furthermore, is taking steps to tackle them.
The judges are bruised from the original back-of-the-envelope reforms when Lord Irvine of Lairg was ousted as Lord Chancellor and a new Department for Constitutional Affairs set up. But the then Lord Chief Justice, Lord Woolf, fought a successful rearguard action and won a concordat — a deal as to the relationship between judges and the executive.
But what has happened since? The concordat, judges say, has been trounced. Far from being consulted about resources for the justice system, for instance, they have been ignored and sidelined. The judicial arm of the constitution has been significantly diminished.
Straw is a barrister by training but he is a consummate politician. He empathises with the judges’ concerns. He told the Constitutional Affairs Committee of MPs this week that it was understandable that given the past four years, the equilibrium of the relationship between judges and the executive had been “jolted”.
But he has made a series of gestures to ease the stand-off. First, he wants to review the procedures of the Judicial Appointments Commission over which, he acknowledges, there is “widespread concern at every level of the judiciary”.
The workings have proved cumbersome and caused delays, he told MPs. He wants to cut red tape and speed up appointments — now taking several months. He also pledged to cut delays at his end, promising to “turn around” any recommendations of judicial appointments within 24 hours — or in a weekend.
Then there is the spectre, raised in Gordon Brown’s governance proposals, for American-style confirmation hearings or questioning of prospective judicial candidates by politicians. The Lord Chief Justice, Lord Phillips of Worth Matravers, has made clear his strong opposition. Straw is more circumspect — but the message is clear. “My default position would be to leave things as they are because they have just undergone change.”
Finally, what of the judges’ call for a review of the setting up of a Ministry of Justice? As time elapses, the demand — as ministers know full well — loses its bite. This request, as yet, goes unanswered: but Straw has set up a small working party, involving a district judge and a senior official, to look at the relationship between the Courts Service and the Ministry of Justice.
Agreement on the judges’ concerns, Straw concedes, is “months” off. But improving their relationship is not so much “an event” as a “process”.
It is unlikely that the judges will get the ring-fencing of the courts’ budget that they want to ensure that it is not plundered to meet the inexorable demands of the prisons. But, Straw says, even though there will not be agreement on everything, there will be “an absolute understanding on everything”.
Above all, the Justice Secretary is succeeding in proving that the first Commons minister in charge of the justice system can be trusted — and, as he put it, “far from undermining the reputation and independence of the judiciary, that can enhance it”.
So a deal of sorts — or at least a workable accord — is in the offing. For Straw, facing a far more intractable crisis on the prison numbers front, that will be needed and very much welcome.
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How are they professionally disciplined? Smack on the wrist from the OJC? A High Court judge, and above, can only be removed by an Act of Parliament - that is simply ridiculous and out of date!
Judges do NOT act as humans who can make mistakes - they are pompous. Incorrect applications of the law can destroy lives - there is simply no room for 'human mistakes' in that field. And the only way of correcting those 'human mistakes'? Spend more money on appealing to more pompous oafs. The whole 'game' is a lottery.
And as far as the archaic traditions of clothing they are deliberately initimidating, as is the height of the bench. None of this has a place in a 21st Century democracy.
Will Benson, Lincoln, UK
The bulk of the costs of appeal stem from having to pay costs if you are unsuccessful. If you are advising that these costs should be eradicated, would you have the tax-payer foot the bill for the successful party? Regarding Judges that act in a reprehensible manner, itâs quite simple - they are professionally disciplined. If you are speaking in regard to the incorrect application of the law, why would Judges deserve to be struck off? You would be confusing erring in law with acting reprehensibly â Judges are human and make mistakes! In terms of Judicial accountability to the electorate, that would lead to the corruption you speak of as they would be but another branch of the government. In regard to wigs and gowns, studies have shown that defendants and victims view the formality of the court â including its attire â as beneficial; defendants state that it makes them appreciate the severity of the situation, whilst victims find closure in the legalistic atmosphere.
Simon Caltagirone, London, UK
Simon,
It's this unaccountability that makes judges so dangerous. They have this incredible power to destroy lives (and have done so on numerpous occasions) and what come back do we the people have? Oh, we can appeal to yet more judges and spend more money doing it.
If judges were sacked if they made x amount of wrong decisions that were overturned on appeal then maybe their minds would be focused.
Sadly, power corrupts and the untouchable position that judges find themselves in mean that they exhibit a level of pomposity and arrogance that has no place in a 21st century democracy.
Get rid of ALL the ridiculous wigs, robes and titles now!
Will Benson, Lincoln, UK
I think it's a common misconception that the Judiciary crave political power; it's one borne out of the ever diminishing distinction between the Judiciary and Executive and the assumption that like politicians, the judiciary crave political power and so welcome such a move. Such a view can easily be dismissed via the outrage displayed by the Judiciary and their call for countless inquiries. The real issue here is that the Executive seem to forget that one of the defining characteristics of the Judiciary is that it is unaccountable, meaning it can make (largely)objective and technical pronouncements on the law, instead of using it for political gain. Panels selecting judges is but one example of executive confusion - will the Judiciary be indirectly coerced into altering their views in order to please politicians selecting them? The Executive and the tabloids they seek to impress may see themselves as progressive, but they are in fact taking us back to the dark ages.Diceyans take cover!
Simon Caltagirone, London, UK
What an incestuous and unfair system it all is and the relationship between the Government ("Justice" Ministry) and the Judges/Courts rings alarm bells for me. Is it any wonder therefore that if you try suing a Government department or authority that you probably have a minute chance of succeeding. How can it comply with Art. 6.1 when there is no real independence between Government and Judiciary ?
Simon Kulver, London, UK
Surely the day that judges become properly accountable and electable is the day that they should have any say in how the country is run. Until that time, they should be brought back into line and reminded that their sole job is tio interpret law.
I know that people in other countries cannot believe the power that judges have in England and Wales. And the fact that they can only be removed by Parliament is simply quite ludicrous.
Will Benson, Lincoln, UK