Geoffrey Bindman and Lord Judge unimpressed with Lord Chancellor’s defence of Brexit judges

Sir Geoffrey Bindman QC

A former Lord Chief Justice of England and Wales and a top solicitor have criticised the Lord Chancellor over her response to the media outcry against judges in the High Court following their judgment in the Brexit case.

Lord Igor Judge told the BBC’s Newsnight programme that the UK government had been too slow to defend the judges and that Liz Truss, who has a “statutory obligation” to defend them had done “a little too late and not a lot”.

He said: “To say you believe in the independence of judges is fine but it doesn’t actually address why this matters at a particular time.”

Meanwhile, Sir Geoffrey Bindman QC, of Bindmans LLP, wrote to The Guardian to lament the decline in quality of recent Lord Chancellors.

He wrote: “The belated response of the Lord Chancellor to the shameful attacks on three senior judges by the Mail, Express and Telegraph was the bare minimum required of her by the Constitutional Reform Act 2005 and by her oath of office: to ‘defend the independence of the judiciary’. It fell far short of the forceful condemnation which she should have delivered to those who seek to undermine the crucial role of the judges as guardians of our democracy against the abuse of executive power.

“The fault originates in the 2005 act itself, which robbed the office of Lord Chancellor of its stature at the head of the judiciary with the added authority of a cabinet minister. By relegating the office to a purely nominal adjunct to the political function of justice secretary, Tony Blair’s government (against the advice of his mentor Lord Irvine) paved the way for a succession of inadequately qualified appointees. Public appreciation of the vital role of the judges in protecting the rule of law has been diminished. This is especially sad at a time when the judiciary is probably as able and impartial as it has ever been.”

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