Lawyers have condemned Justice Secretary Liz Truss’s comments following the attack on the judiciary by the Daily Mail, Daily Telegraph and Daily Express last week.
The Daily Mail dubbed the three High Court judges who ruled that Parliament must vote to trigger Article 50 ‘Enemies of the People’, sparking outrage from lawyers, politicians and others.
Shadow Chancellor Richard Burgon said: “Judges in the High Court are there to interpret the law regardless of their personal views and that it what they have done.”
“There is a constitutional process which must be followed. Some of the headlines in today’s newspapers personally attacking the judges who heard this case are unacceptable.”
Burgon called for Truss to condemn the newspaper headlines, saying: “It is the Lord Chancellor’s job to uphold the independence of British judges.”
However, over the course of Friday and Saturday morning, Truss remained silent, leading for further calls for her to speak out, including statements from the Bar Council and even the son of Lord Bingham.
Eventually, Truss made a statement which backed the independence of the UK’s judiciary but did not condemn the media attacks on senior judges.
She said: “The independence of the judiciary is the foundation upon which our rule of law is built and our judiciary is rightly respected the world over for its independence and impartiality.
“In relation to the case heard in the High Court the Government has made it clear it will appeal to the Supreme Court. Legal process must be followed.”
The statement brought ire from lawyers.
Cowardly, mealy-mouthed, vapid non-comment by a paperweight politician wildly out of her depth. Liz Truss might as well have stayed silent. pic.twitter.com/C4iaoRvSXW
— The Secret Barrister (@BarristerSecret) November 5, 2016
Lord Chancellor has failed in her duty to defend our judiciary. As a former barrister I'm embarrassed and appalled.
— Anna Soubry MP (@Anna_Soubry) November 5, 2016
Chairman of the Bar Chantal-Aimée Doerries QC told The Observer: “We would wish her to go further. The resolution passed by the Bar Council called upon her to condemn the attacks on the judiciary and it is that we are still looking for. It is that which is so potentially damaging to the justice system in this country. As Lord Chancellor, it falls within her role to uphold the rule of law.”
Voters are appalled by the political actions and comments by some judges. Slow hand clapping a minister, and speaking in public about a case yet to go before the Supreme Court. What were they thinking.
In an interview, recently on Sky News, Liz Truss reaffirmed her condemnation of the attacks on the judiciary’s impartiality, and her respect for the long-standing tradition of ‘free speech’ in this country. This may be politically-influenced, as being part of the government, she must ensure the media’s overall support for the current government’s plans to being formal negotiations to leave the EU. Condemning them outright for everything they wrote will diminish the already-flagging support for the government. She needs to show that she fully represents the feelings of ordinary British people, which is also represented in the media, as the long-term goal is to obtain a larger, outright mandate for Theresa May’s government. If and when a General Election is called, people will remember that the government ‘stood up for and represented ‘ordinary people’s feelings’. Thus, the government’s position will be strengthened in Parliament, enough to proceed with triggering Article 50, through an increased majority in Parliament.