My lords, ladies and gentlemen. I hope you will forgive me if I stand. These robes hang heavy both figuratively and literally. Lady Chief Justice, I want to thank you for that generous welcome… and for your kind words which mean a lot to me. I have very much enjoyed our exchanges since I took up this crucial role… And I know we agree just how important it is that the Lord Chancellor and the senior judiciary work clos...
My lords, ladies and gentlemen. I hope you will forgive me if I stand. These robes hang heavy both figuratively and literally. Lady Chief Justice, I want to thank you for that generous welcome… and for your kind words which mean a lot to me. I have very much enjoyed our exchanges since I took up this crucial role… And I know we agree just how important it is that the Lord Chancellor and the senior judiciary work closely together. I would like to congratulate the Attorney General and Solicitor General as they too take their oaths today. Madam Attorney, I am particularly pleased to find myself here with you this morning. You bring to this office formidable legal experience… And an equally formidable record of campaigning to tackle violence against women and girls… Which I know you have made a cause over many years both in Parliament and before. I know your commitment to the rule of law runs just as deep… And I very much look forward to working alongside you in its service and continuing to do so for many years. Mr Solicitor, decades as a barrister and more than twenty years championing justice makes you extremely well qualified for the role. Veterans of this ceremony will know that it is traditional for the Lord Chancellor to invoke an eminent predecessor. As a proud Nottingham MP, there is one obvious place for me to start. The son of a colliery electrician, Ken Clarke, who represented Rushcliffe for nearly half a century… Was born, bred and educated in our wonderful city… And, of course, eventually became Lord Chancellor. He now sits in the House of Lords as Lord Clarke of Nottingham. An example from another political party, but one who approached the job of Lord Chancellor with decency and hard work, qualities I will seek to emulate. Two Lord Chancellors in several hundred years may be stretching the definition a bit, but I think our city can now reasonably claim a tradition in this office. I also want to mention my friends and colleagues, Shabana Mahmood, and David Lammy… Both trailblazers in their own right: Shabana as the first Asian and Muslim Lord Chancellor, and David, as the first Black Lord Chancellor. It is a huge honour to follow in their footsteps, and into an office they held with such distinction. Lord Chancellors throughout history have, of course, differed greatly in philosophy and temperament. More recently they have been drawn from a range of professional backgrounds. But whatever their experience, the enduring responsibilities of this office remain. It is striking that, for all the antiquity of the office, its distinctive oath is only twenty years old. It was introduced during the tenure of one of my predecessors, Baron Falconer of Thoroton. Lord Falconer argued that whatever else might change about this office, there must remain inside Cabinet someone with a special responsibility for the rule of law and the independence of the judiciary. And those responsibilities, of course, found expression in the oath I have just taken and the responsibility for which I feel greatly: To respect the rule of law. To defend the independence of the judiciary. And to ensure the provision of resources for the efficient and effective support of the courts. Today, I reaffirm my commitment to these duties. And I take them extremely seriously. They are not separate either – they depend on one another. The rule of law requires an independent judiciary to uphold it. And judicial independence only has practical meaning if our courts are able to administer justice effectively. At the heart of all three are strong and trusted institutions. I would not go as far to say that I am unusual on the left of politics, but I am a firm believer in the importance of institutions. I serve one of the most challenged constituencies, and the people I represent rely on institutions like the courts, the NHS, the police and the BBC in their every day lives. It is why I have always seen defending and strengthening institutions as a core duty of being their MP. Institutions can be a huge force for good… But trust in them has to be earned. And it is earned when power is exercised fairly and consistently, according to the rules that apply to us all. That is the essence of the rule of law. And it is fundamental to our values as a country… Indeed, in this role I get to meet colleagues from all around the world… One of the most frequent remarks is admiration for the proud traditions of English and Welsh Law. Where even our fiercest disagreements are settled not by force, intimidation, or the arbitrary exercise of power… But through democratic institutions and under the law. As others before me have said: No one is above the law, but as importantly, no one is beneath it. That is one of the great guarantees of a free society. But it is a principle we must never take for granted. Across the world, aspersion is increasingly being cast upon those values. And I am clear that my responsibility as Lord Chancellor to uphold the rule of law includes our commitment to an international rules-based order… Including this Government’s commitment to the European Convention on Human Rights. Just as the rule of law is being called into question around the world… So too is the independence of those who uphold it. Judicial decisions can attract intense public and political attention… But judicial office places limits on how judges can respond. As Lord Chancellor, I am very aware that I have a particular responsibility to actively defend judicial independence. I am clear that Parliament and the judiciary perform distinct constitutional functions. Parliament makes the law. Judges interpret and apply it. If politicians think the law is wrong, it is our job to change it. That independence begins before a judge ever sits on the bench. It depends on appointments being made on merit, through a process free from political interference. And it matters well beyond the courtroom. As it matters to Britain’s place in the world. Businesses around the world choose our law and our courts to resolve their disputes because they know they can trust them. Individual judgments will, of course, be subject to scrutiny and criticism. Judicial independence does not put judicial decisions beyond challenge… And it is, of course, entirely legitimate to disagree with a court’s reasoning or conclusions. This is as it should be in a lively democracy. However, I am very concerned that in some serious cases, attacks on judges can give rise to threats to their safety. So, defending judicial independence means responding not only in words, in my view, but in action. That is why I am discussing with the Lady Chief Justice how we ensure that arrangements for judicial security keep pace with an evolving threat. That same seriousness must apply to my third obligation: To ensure the provision of resources for the efficient and effective support of the courts. Because the courts cannot uphold the rule of law in principle if they cannot function effectively in practice. The legal profession knows only too well what happens when cases take too long to reach a courtroom. Victims wait for justice. Defendants wait for certainty. Lives are put on hold. And the consequences reach across every part of our justice system… Individuals, families and businesses all waiting for decisions that shape their futures. Confidence in the system is weakened. We must change that… And I will be ambitious, because the status quo is not good enough. But that ambition must be guided by principle. I am clear that the answer to justice delayed cannot be justice diminished. And there is so much we can achieve when Government and judiciary work together, as we have done in ensuring swifter justice for victims of rape, for example. And in each respecting the others independence, but both determined to make justice better for those who need it. So to conclude, beyond the oath of my office, I also promise you this: I will listen, I will learn, and I will be intellectually curious. I bring with me a profound respect for the institutions that make our nation great… And a commitment to public service that I know we all share. There will be difficult issues for us to face together. We will need to have honest conversations about them. But I will work with you to deliver better outcomes for the people who rely on our justice system. Ultimately, the office of Lord Chancellor is not defined by the person who occupies it… But by the obligations they accept. Governments come and go. The responsibilities of this office endure. I will be guided by them every day that I have the privilege to serve as your Lord Chancellor.
Speech Brief