Oral Answers to Questions — Justice – in the House of Commons at 12:00 am on 6 December 2016.
Liz McInnes
Shadow Minister (Foreign and Commonwealth Affairs)
12:00,
6 December 2016
What steps she is taking to protect judicial independence.
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
The independence of the judiciary is the cornerstone of the rule of law, vital to our constitution and freedoms. As Lord Chancellor I frequently make this clear, both in private and in public.
Liz McInnes
Shadow Minister (Foreign and Commonwealth Affairs)
After the press attacks on the judiciary, it took the Justice Secretary nearly 48 hours to release a statement. The former Lord Chief Justice Lord Judge said of that statement that he thought it was
“a little too late—and quite a lot too little”.
Does she agree with Lord Judge, and if so will she take the opportunity to apologise?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
It is not the job of the Government or the Lord Chancellor to police headlines. The process is working absolutely as it should. People have a right to bring a case to court. The Government have the right to defend our position in the court. The judiciary is independent and impartial, and the press can scrutinise the process within the law.
Michael Fabricant
Conservative, Lichfield
I agree with my right hon. Friend. As we sit here today in this Parliament, just across Parliament Square the Supreme Court is sitting with 11 Supreme Court justices. Does she not agree—and does this whole House not agree—that the integrity of the Supreme Court and the justices should not be impugned?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I completely agree with my hon. Friend. As I said last month, the Supreme Court justices are people of great integrity and impartiality.
Joanna Cherry
Shadow SNP Westminster Group Leader (Justice and Home Affairs)
In response to the constitutional change brought about by devolution, the renowned international jurist, the late Professor Sir Neil MacCormick, stressed the importance of the principles that justified judicial independence and the concept of the separation of powers. As the United Kingdom once more faces major constitutional change after the EU referendum, will the Justice Secretary join me in reaffirming the importance of those principles?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I absolutely will. The independence of the judiciary is a vital part of our free society, as is our free press. Both those things are important. We have seen over the last months that we have a robust independent judiciary and a robust free press, which I look forward to discussing with the hon. and learned Lady very soon.
Joanna Cherry
Shadow SNP Westminster Group Leader (Justice and Home Affairs)
In recent years, it has become commonplace for some Conservative Members to deprecate the judges of the European Court of Justice and the European Court of Human Rights simply for doing their job. Does the Lord Chancellor agree that such scant respect for the rule of law has encouraged a climate in which a major tabloid, which I believe some people call a newspaper, thinks it is appropriate to describe justices of our own Supreme Court as “enemies of the people”?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I have been very clear that the independence of the judiciary is a vital part of our rule of law. As my right hon. and learned Friend the Minister for Courts and Justice has just said, it is important for the UK that British courts make those decisions, and that is precisely what we are going to achieve.
Richard Burgon
Shadow Lord Chancellor and Shadow Secretary of State for Justice
Yesterday, the President of the Supreme Court, Lord Neuberger, said at the beginning of the article 50 appeal:
“This appeal is concerned with legal issues, and, as judges, our duty is to consider those issues impartially, and to decide the case, according to law. That is what we shall do.”
Does the Lord Chancellor agree that if she had done her duty and spoken out at the time to defend the judiciary, those words would not have been necessary?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
As I said earlier, I frequently make it clear that the independence of the judiciary is a vital part of our constitution and our freedoms. I also think that it is absolutely right that the President of the Supreme Court, who has absolute integrity and impartiality, should make that case as well.
Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.