Top judge warns over independence

Lord Woolf says judges must protect the public

The decision to scrap the post of lord chancellor could threaten the independence of the judiciary, Britain's top judge has said.

Tony Blair decided to axe the 1,400 year old post of lord chancellor, which combines being a judge and cabinet minister, and set up a supreme court in his June reshuffle.

Lord Woolf, the Lord Chief Justice, said he was worried judges had not been consulted about the plans.

The government's consultation on how the plans are implemented closes on Friday.

The Lord Chancellor, Lord Falconer, has said the changes will indeed "embed" judicial independence.

Safeguards

On Thursday Lord Woolf's deputy, Lord Justice Judge, said that there was no guarantee that "nasty people" could not come to power in Britain and try to subvert the constitution.

He pointed to the popularity of the far right's Jean Marie Le Pen's in last year's French presidential election, as well as Hitler's rise in a democratic Germany.

Lord Woolf told BBC Radio 4's Today programme on Friday that it was important to recognise Britain had no written constitution and relied on a series of checks and balances.

Among those important safeguards was the lord chancellor, who could stand up for judicial independence in cabinet meetings, he argued.

If ministers could decide to scrap the post of lord chancellor without consulting judges, "what safeguards are there for the independence of the judiciary", he said.

Court abuses

Lord Woolf said judicial independence was vital not for judges but for the public.

"Ultimately, in any democracy, the independence of the judiciary is essential to protect the public from governments exceeding their democratic powers," he said.

He pointed to suggestions that Home Secretary David Blunkett wanted to restrict access to the courts by asylum seekers appealing against decisions on their claims.

Lord Woolf said he understood Mr Blunkett's frustration with people trying to abuse such access but it was for judges to prevent such abuses.

Earlier this year Lord Falconer said the legal changes were "very, very necessary".

The current situation where a cabinet minister can sit as a judge was "ridiculous", he argued.

Presentational problems

Liberal Democrat peer Lord Lester said similar fears had been raised about important changes unveiled by the last Conservative lord chancellor and were just as inappropriate now.

"There is no doubt that the way in which the proposals were announced were a disaster," he told BBC Radio 4's World At One.

But he said the change to a Supreme Court was overdue.

"The first important point is that judges should be judges and politicians should be politicians," he added.