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Senior judge warns over new supreme court
Chris Laker08.09.09
The creation of a Supreme Court for the UK verges on "frivolous" tinkering with the constitution which may have dangerous unintended consequences, a senior judge warned today.
Former Law Lord Lord Neuberger, who declined to move to the Supreme Court and has instead been appointed Master of the Rolls, said the far-reaching change to the legal system appeared to have been dreamt up "over a glass of whisky" by former Prime Minister Tony Blair.
And the Lord Chancellor who oversaw the establishment of the court, Lord Falconer, said he expected senior judges to be "bolder" in their protection of the liberties of the individual than they were when they formed part
of the Houses of Parliament.
The Supreme Court, based in the Middlesex Guildhall in Parliament Square, will next month become the highest court of appeal in the UK judicial system, a role formerly played by the Law Lords sitting as a committee of the House of Lords.
In the BBC Radio 4 programme Top Dogs, being broadcast today, Lord Falconer predicted that the change of venue will lead to a change in the way the judges do their work.
"I believe that having a separate place for the UK judiciary to have its home will mean that the Supreme Court will be bolder in vindicating both the freedoms of individuals and, coupled with that, being willing to take on the executive," said Lord Falconer.
But Lord Neuberger warned of unintended consequences: "To change... the Law Lords into the Supreme Court as a result of what appears to have been a last-minute decision over a glass of whisky seems to me to verge on the frivolous.
"The danger is you muck around with a constitution at your peril, because you don't know what the consequences of any change will be."
Mr Blair's announcement six years ago of plans to create a Supreme Court surprised many judges, who had not been consulted in advance.
Then-Home Secretary David Blunkett told the programme it might have been better to consult the judges, but that this was not thought to be possible because the change was opposed by then Lord Chancellor Lord (Derry) Irvine, Mr Blair's mentor from his days as a barrister. Mr Blair announced the replacement of Lord Irvine by Lord Falconer at the same time as he unveiled plans for a Supreme Court.
Mr Blunkett said: "How could we (consult) with Derry sitting there? He did think he was Tony's foster-uncle and, given his history back in chambers, he was invincible. But we all find out in time that we are not."
However, Lord Turnbull, who was Cabinet Secretary at the time plans for the Supreme Court were first developed, rejected suggestions that the change was drawn up in a slapdash fashion.
"It has been alleged that this was all thought up on the back of a fag packet," Lord Turnbull told the programme. "This is entirely wrong.
"The Prime Minister was clear that this was something he wanted to do and he also knew that it would be very difficult to achieve with Lord Irvine in place, because he was not enthusiastic about it."
Baroness Hale, one of the new Supreme Court judges, backed the creation of the new court: "I don't think we should be part of the Houses of Parliament.
"They do an important job. We do an important job. I prefer to do it in something which is known to the world to be a court, properly designed as a court, open to the public as a court, communicating as a court communicates."
Reader views (6)
Ah President Blair of the EU; seems he had been feathering his nest whilst in power for longer than I thought.
"bolder" in their protection of the liberties of the individual? Have we not destroyed our judicial system already with the implementation of the very ill implemented 'uman Rights laws? A framework with so many holes in it, it is impossible to now protect the innocent.
- Frank, Home Counties, England.
So Tony Blair a not particularly good barrister chose to ignore the ex-head of his chambers (a very much better barrister) who thought the idea was wrong - this is really not surprising - Tony Blair road rough shod over everyone who didn't agree with him or tried to prevent him climbing up the greasy pole (eg going into Iraq on known dodgy info just to get in with Bush). I'm only amazed that he didn't insert a clause that made him head of the Supreme court following his departure from No 10!
- Andy, london
Roy, our legal system was formed out of centuries of experience and precedent. It has protected the rights of the common man in this country far more successfully than any other in Europe.
The new Supreme Court has been created by Britain-hating NuLiebour because it believed that it would be easier to politically manipulate than the previous arrangement in the Lords.
Every change to the legal system that has been made by these scurrilous traitors has had only one purpose; to increase the power of the state at the expense of the freedom of the common man.
As Phil Jones has rightly pointed out, this is yet another step towards the coming EUSSR.
- Keith Lonsdale, Doncaster
Law is politics by other means.
- Threaded, Roskilde, Denmark
Further along the road of the U.K.'s change from country to province. Blair's delivery of the U.K. to his E.U. masters involved systematically removing all of the old established U.K. institutions. Giving Scotland and Wales powers to act outside Westminster was the start. Then the creation of the Regional Development Agencies. Then, moving on to institutions at the heart of the U.K., the change from House of Lords to Supreme Court. That change had to be made if Blair was to remove from people's minds the supremacy of the House of Lords as the highest judicial body covering the U.K. -- only then would the people look at the European Court of Justice as being the highest court of the land. Everything Blair did was aimed at bolstering the new country, European Union, and removing from Brits' minds symbols of their heritage. Along with the U.K. shortly becoming for all intents and purposes a province of a larger country, Blair had to move the British mindset to accept that new reduced status. How very, very successful the man has been! How few Brits still realize just what is going on right under their noses, and how much they are losing -- their nationality being changed, the status of the U.K. being changed. Brilliant work, Mr Blair!! I don't agree with anything you've done, but admit you've executed your plan brilliantly!
- Phil Jones, London UK
Ah I love Britain - finally dragged screaming and kicking into the late 18th century...
- Roy, England
