Falconer pledges to shield judges

Ministers are to be barred from publicly attacking judges or threatening the independence of the judiciary.

Constitutional reforms to be published early next year will represent the first time Parliament has been asked to pass a law aimed at protecting judges from ministerial interference. The decision, announced by Lord Falconer, the Secretary of State for Constitutional Affairs, follows public criticism of judges by members of the Government.The Home Secretary, David Blunkett, has criticised individual court rulings that have gone against him, and described judges as being out of touch.

The Government's plans to abolish the 1,400-year-old office of Lord Chancellor will remove the cabinet minister historically responsible for defending the independence of the judiciary. This has prompted senior judges to demand protection from ministerial attacks.

Lord Falconer told the Institute of Public Policy Research in London that the Government would enshrine the independence of the judiciary. "For the first time ever in Britain, the independence of the judiciary will be provided for explicitly by law," he said. "Judicial independence is too important to this country and to this Government to be any longer left unspecified, uncodified, unwritten.

"We want to guarantee judicial independence. And that's what we're going to do. Explicitly. Judicial independence - guaranteed."

Last month Lord Woolf, the Lord Chief Justice and most senior judge in England and Wales, called for a "constitutional settlement'' that would safeguard the independence of the judiciary and protect the interests of the public.

He said: "The public has a strong interest that arrangements are put in place to ensure that the judges are safeguarded. This is because the individual liberties of the public depend, at the last resort, on the independence of the judiciary, particularly where there are issues between individual citizens and the Government.''

Lord Woolf said it was unacceptable that "populist ministers" made "vigorous attacks" in the media on an individual judge. He also said constitutional protection was needed to shield judges who might be perceived as being unsympathetic to government policies.

Ministers are consulting representatives of the Judges' Council on how the new statutory protection should be worded and whether it should impose a duty on ministers not to criticise judicial decisions.

Lord Falconer said: "I believe this explicit declaration is vitally important. We are working closely with the judiciary, at a range of levels, to tackle their concerns. And I am confident that, whatever the difficulties, we will reach agreement with them in a way which brings benefit to the process, the courts and the justice system, and to the people."