'Remain vigilant on judicial independence', LCJ tells judges

The Lord Chief Justice used his final Mansion House speech last night to tell judges that they must "remain vigilant against the slightest encroachment on judicial independence".

The issue dominated his speech at the Lord Mayor's dinner for judges as Lord Judge, aged 72, approaches the end of his last term as LCJ and retirement at the end of September.

Lord Judge said judges were "easily criticised and cannot answer back" and the difficulties they faced were not always appreciated.

"The rule of law cannot be safeguarded by craven judges or pusillanimous judges, or by judges who lack fortitude, or judges who fail to foresee or anticipate unintended consequences which may, however slightly, diminish their independence, without which the rule of law cannot survive."

The LCJ said the future could not be guaranteed and history was full of examples of the dangers of "smugness, or indifference, of taking things for granted", but the world moved at "breathtaking" speed.

In the haste, there was a danger that judges might not notice "small, even tiny little steps, totally unintended little steps which might, long term, serve to undermine the principle of judicial independence upon which the rule of law depends".

Lord Judge said "spectacular changes" to the UK's constitutional arrangements had taken place under the previous government and had not yet settled.

He advised judges to be "cautious, meticulous in our scrutiny" of anything which could undermine judicial independence, not because it represented "traditional flummery" but because without it the rule of law would collapse.

The LCJ said he did not think the "new world of communications" and its impact on our lives "has begun to be appreciated".

He went on: "Is it already beyond our ability to prevent some of the wicked suffering visited on children for the purpose of creating foul images for downloading?

"The speed with which information is disseminated is said to have been a crucial element in the Arab Spring. But how do we avoid what at the moment may seem inevitable that, as this new world develops, centralisation and control will be accumulated by authorities of state?

"That would be unlikely to enhance our freedoms. We simply have no idea where this will all end, so we must be watchfully alert."

Lord Judge ended by describing the office of Lord Chief Justice as an "astounding privilege" and thanking judges for their kindness, loyalty, support and friendship.

"I have had to ask many judges at all different levels of the judiciary if they would be prepared to take on additional burdens without additional remuneration or even much recognition, beyond my thanks.

"In all those myriads of occasions only twice has a judge asked to be excused, both revealing matters of personal disaster which had overtaken them or their families. "Without their willingness, and the toleration of their other halves of the consequent interference with their family lives, the system would collapse."