Dinner Hosted by the Lord Mayor of London for HM Judges 2023: Speech by the Lord Chancellor

My Lord Mayor, Lady Mayoress, my Lord Chief Justice, esteemed members of His Majesty’s judiciary, ladies and gentlemen.

I appreciate the kind words from the Lord Chief Justice. It’s truly a privilege to address you as Lord Chancellor. However, let’s take a moment to acknowledge at least three distinguished colleagues here who once guided me at the Bar and are now feeling quite historical!

The last decade has brought significant changes for all of us. Back in 2013, I was practicing at 6KBW College Hill. It was a vastly different era; as a busy legal practitioner, I must admit I didn’t always analyze every dissenting Court of Appeal judgment; astonishingly, I now find them utterly fascinating.

In 2013, I was also selected as the Conservative candidate for Cheltenham, though things weren’t looking promising. Doors were opened by those who recognized me, but often added that while I was preferable to my brother, they wouldn’t support David Miliband either. When I relayed this back to HQ, they devised what they claimed was a spectacular plan: to send in the then-Mayor of London to elevate my profile. Even then, I suspected it might be a risky move.

I extend my gratitude to Lord Burnett for his remarks.

The Lord Chief Justice has consistently demonstrated a willingness to serve. He attended a Commonwealth conference in 2022 where, on the second evening, the hosts announced that judges would be called to dance by rank, beginning with Chief Justices, starting with England & Wales.

According to my sources, Lord Burnett promptly stood, much to the delight of the hundreds in attendance. His Private Secretary still possesses footage, reportedly in defiance of a judicial decree. An auction is set for tonight!

Few have faced such challenges in peacetime as Lord Burnett has. He showed remarkable leadership in keeping the courts operational during Covid, a decision that was ultimately validated. He has championed transparency, notably in broadcasting sentencing remarks in the Crown Court, while enhancing public engagement with the judiciary and students. He has also pushed for modernisation, digitisation, diversity, and recruitment.

Members of Parliament and peers from all sides hold him in high esteem. Parliament, his profession, and indeed the nation owe him heartfelt gratitude and best wishes for his future endeavors.

I also want to recognize those of you who served throughout the pandemic.

Your commitment persisted despite pressures from concerned family and friends urging you to avoid courts and minimize risk. “Why you?” they might have asked, to which your only answer was that fate placed you at this critical moment for our justice system, and you were entrusted with this vital task.

Thank you for your invaluable contributions. Covid’s impact on the courts is ongoing, and considerable pressures remain as the system recuperates—from family law (public and private) to the employment tribunal. Yet we must remember that these challenges would have been far greater without your dedication.

Now, let’s shift to other matters. I’m pleased to share that No. 10 was so eager for my attendance here that they assisted me in drafting this portion of the speech. Thus, let’s discuss our five priorities…

My recent visit to Japan for the G7 Justice Ministers Conference highlighted the strong relationship between the UK and Japan, and the significance both that nation and ASEAN countries (from Malaysia to Singapore) attach to our involvement in the Indo-Pacific.

This importance isn’t solely or primarily rooted in the growing military and industrial alliance from our collaboration with Japan on the Global Combat Air Programme—important as that is. Instead, at the core of our offer to the Indo-Pacific and the world is our robust legal tradition and commitment to upholding the rule of law—as evident in Japan’s eagerness to designate the UK for a memorandum of cooperation in law and justice, including legal sectors.

It is well recognized internationally that the UK has historically contributed immensely, perhaps more than any other nation, to the evolution of private international law through the Hague Conventions, with their network of jurisdiction and mutual enforcement agreements. It is also acknowledged that the UK boasts the largest legal sector in Europe, second only worldwide to the United States, a sector that continues to flourish.

Our international counterparts appreciate that our common law system has limitless potential for modernization, adapting to contemporary trends, technologies, and emerging disputes. The common law is ancient yet perpetually relevant.

In this context, we will assert our advantages and advocate for enhanced cooperation and exchange in legal services. This will not only bolster our economy but also create remarkable opportunities for young talents from this jurisdiction to excel—fostering the social mobility that inspired my political journey. Thank you to the judiciary, the Bar Council, and the Law Society for their unwavering support in this pursuit.

However, it’s about more than just commercial prospects. We prioritize this agenda because advancing a PIL agreement, enhancing access to foreign legal markets, and facilitating exchanges between lawyers fortify the international rules-based order. In the Indo-Pacific and beyond, we must acknowledge that the case for the rule of law is far from settled. This region is not only a crucible for global economic growth in the coming decades but also a battleground of competing ideologies. Free societies must demonstrate that the rule of law is vital—it ultimately makes societies safer and citizens more free and prosperous.

Thus, we will continue to advocate for the rule of law. In light of Russia’s unlawful full-scale invasion of Ukraine, we emphasize that might doesn’t always equate to right, that the international rules-based order has significance, and there are repercussions for transgressing recognized borders.

We back our words with resources. Beyond being the second-largest military aid provider to Ukraine after the U.S., we have facilitated war crimes investigation training for Ukrainian police in collaboration with the ICC. We have also offered training for Ukrainian judges led by Sir Howard Morrison KC and allocated additional resources for ICC investigations.

However, while we champion the rule of law internationally, we must remain vigilant to uphold it domestically. Although it is deeply embedded in our society, it must never be taken for granted. It requires constant care and effort to keep it robust—especially in an era characterized by social media and misinformation that present new, troubling challenges.

Therefore, we must advocate for its importance—articulating its relevance in relatable terms. In my swearing-in speech, I declared that the rule of law, judicial independence, and access to justice are not quaint concepts to be mentioned lightly, but fundamental aspects of a safe, just, and thriving society—just as pertinent today as in any modern year.

In practice, access to justice and judicial independence mean leaving the courtroom as an advocate or litigant who, despite the disappointment of losing, knows they were heard by judges of immense intellect and unquestionable integrity. And that they received a thorough and equitable hearing. This is invaluable.

So, what steps must we take to nurture it?

First, we must show respect for its primary custodians. The Government is pleased to have fully accepted the PRB pay recommendations, including those from the Senior Salaries Review Body. Through this, the Government hopes to convey a clear message regarding its profound respect for the judiciary and the value attributed to the essential work you perform.

Secondly, I firmly believe we need to invest in the infrastructure of our court estate. The physical state of the buildings that administer justice is crucial. It is challenging to uphold the law’s dignity and authority—critical for encouraging compliance with court orders—when a bucket is collecting drips in the corner of the room.

As a practitioner, it was equally disheartening to present a case to the jury in Isleworth (as I did in the past) while knowing that the prevailing thought was about the pervasive smell of damp in the carpets. (These have now been replaced, by the way).

Poor maintenance affects capacity, but it also undermines morale. We need that morale, especially to alleviate the pressures created by Covid. Fostering and enhancing pride in the justice system and the legal profession is crucial for retaining practitioners and attracting the brightest minds to join. Every improvement in infrastructure sends ripples of confidence throughout robing rooms, chambers, and university lecture halls; it boosts the profession’s overall appeal. Despite the £185m spent on maintenance in the past two years and the additional £38m last financial year for redecorations and deep cleans, we can and must do more. It’s a point I highlighted on my first day in office and continue to prioritize. I look forward to sharing more on this in due course.

Thirdly, we must be vigilant in combating those who would misuse our courts, burdening them with frivolous lawsuits designed to intimidate journalists and campaigners, thus suffocating freedom of speech. I am pleased that we have amended the Economic Crime and Corporate Transparency Bill to create an early dismissal process for spurious SLAPPs related to financial fraud and corruption—the vast majority of cases.

Fourthly, we should seize every chance to ensure access to justice. Legal aid plays a critical role in this regard. I’m pleased to announce that we have published our response to the Legal Aid Means Test Review, which, once fully implemented, will expand legal aid accessibility to over six million more individuals.

We are committed to going above and beyond. As a junior minister, I introduced ELSA (Early Legal Support and Advice) as a comprehensive set of proposals to enhance access to justice. Politics is about pursuing achievable goals, and while we cannot accomplish everything overnight, I am dedicated to striving toward our objectives.

Fifthly, we must relinquish the outdated complacency that assumes everyone in leadership positions in our country possesses expertise (or at least familiarity) with the intricacies of our constitution. We must reject the mistaken belief that individuals somehow absorb an understanding of our constitutional balance and securing conventions merely through their education and upbringing.

Yet, as a society, we invest little to no effort in this area. While new legal practitioners undergo ethics training before starting their careers, public figures receive no such guidance or investment. This should change.

With a general election approaching in the next 18 months, we need to ensure that the members of the forthcoming Parliament, along with their teams, receive the necessary assistance and information. As the President of the Supreme Court noted earlier this month, which I wholeheartedly agree with, maintaining the rule of law is a shared responsibility of both Parliament and the courts. It should not be a contest for power; instead, we must support each other in fulfilling this commitment.

In that spirit, we must collaborate to nurture the parliamentarians of the future. The specifics of this support require thoughtful discussion and planning, but it should not be delayed.

Lastly, I acknowledge the real pressures within the system. I have already mentioned them. I recognize that, while the Magistrates’ Court has rebounded swiftly, the caseload in the Crown Court remains substantial.

This is partly due to our decision not to abandon jury trials, even when some suggested we should. That was unequivocally the right choice. Jury trials remain a beacon of our liberties and the ultimate safeguard for fair trials that maintain public confidence. We must acknowledge that this decision has consequences, and the existing volume is a reflection of the price we pay for upholding principles.

We will do everything we can to assist. We have lifted the cap on sitting days for two consecutive years, ensuring the Crown Court operates at its maximum potential. We have enacted the PCSC Act to allow remote hearings to continue when appropriate. Additionally, 24 Nightingale courtrooms have been extended beyond March 2023 to offer extra capacity. We project a £141m increase in criminal legal aid spending annually under steady conditions.

We are in the process of recruiting up to 1,000 judges across various jurisdictions. Moreover, we have raised the mandatory retirement age to 75 for judicial office holders, which is expected to retain an additional 400 judges and tribunal members.

However, I am acutely aware that it is you, alongside the practitioners appearing in your courts and tribunals, who will do more than anyone else to help manage these volumes effectively while ensuring justice is served.

I want to express my gratitude for all that you have accomplished and all that you will undertake. I understand it’s not easy.

We often use the term ‘world-beating’ sparingly these days, yet excessive modesty should also be avoided. It is entirely justifiable to recognize that our judiciary commands immense global respect—not merely for its dance moves. When it comes to intellectual brilliance and fundamental fairness, it truly stands out.

This is supported by unwavering professionalism. Serving in our courts, whether as a judge or a practitioner, is a calling—recognizing that you are part of something profoundly invaluable, something transcending individual importance. It underscores that all of us, be it judges, practitioners, or the Lord Chancellor, are united in our commitment to serve and leave our justice system stronger for our presence. That may well be what you could refer to as my ‘overriding objective’.

Thank you for your attention. Let me conclude by offering a toast to our hosts—the Lord Mayor and Lady Mayoress.

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