Attorney General Warns of Threats to Judiciary Independence Amid Political Discourse
Political attacks on judges in the UK are deemed a significant threat to the rule of law, according to the attorney general.
The attorney general has voiced concerns about political attacks on members of the judiciary, describing them as “dangerous” and a substantial threat to the rule of law and the independence of the judiciary.
Richard Hermer's remarks follow comments made by shadow justice secretary Robert Jenrick, who criticized a senior judge, calling for the dismissal of Lord Justice Davis, head of the Sentencing Council for England and Wales, amid ongoing disputes over new sentencing guidelines.
During a session with parliament’s joint committee on human rights, Hermer emphasized the growing trend of personal attacks on judges, stating, "We are entering a dangerous moment in which not simply on social media but indeed on the floor of the House of Commons, people are attacking judges on a personal basis." He remarked that such conduct is "entirely unacceptable" and poses a significant threat to judicial independence.
Hermer noted that the rule of law is encountering various challenges, both within the UK and internationally.
The recent tensions between the government and the judiciary have been notable, with ministers expressing disagreement with judicial decisions.
For instance, in February, Labour leader Keir Starmer criticized a judge's ruling regarding an immigration case involving a Palestinian family applying to reside in the UK under a scheme intended for Ukrainians.
In response to criticism from Kemi Badenoch regarding the judge’s ruling, Starmer agreed that the issue of immigration regulations should be determined by Parliament rather than the courts.
These remarks, along with Badenoch’s comments, prompted a response from Lady Sue Carr, the lady chief justice of England and Wales, who expressed her profound concern over the “unacceptable” nature of such political commentary on judicial matters.
In a related development, the government has introduced legislation to counter guidance issued by the Sentencing Council.
This guidance aimed to mitigate potential biases in sentencing, urging judges and magistrates to consider pre-sentence reports for individuals from ethnic or religious minorities, young adults, victims of abuse, and pregnant women.
Justice Secretary Shabana Mahmood has publicly criticized these proposals, asserting a commitment to maintaining a unified approach to sentencing.
On Wednesday, Jenrick reiterated his call for the removal of Lord Justice Davis after Davis defended the aforementioned sentencing guidelines.
During the session, Conservative MP John Hayes suggested that all members of the Sentencing Council should resign, while Desmond Swayne urged that Lady Carr should be admonished for her remarks concerning the matter.
Furthermore, Hermer has encountered criticism from some government members, who have alleged that his methods are impeding progress and are overly cautious legally.
In the same committee meeting, he defended his recent adjustments to the way legal advice is rendered to ministers, asserting that these changes are meant to provide a clearer understanding of legal risks associated with government policies.
Hermer articulated a desire to move away from the practice where lawyers might present legally dubious arguments under the guise of respectability, which he fears may mislead ministers regarding the legality of their actions.