MPs need to be taught not to meddle in the courts, says the country’s top judge

MPs might need to be given instruction by the country’s most senior judges on the independence of the law, the Lord Chief Justice said today as he warned that political interference in the courts has reached unprecedented levels.

Lord Burnett of Maldon said “there’s been nothing quite like it in my experience” as he hit out over the extent of meddling by politicians.

He added that he was concerned that some parliamentarians did not have “an instinctive understanding” of the need to respect the independence of the judiciary and the constitutional boundaries between lawmakers and judges.

Lord Burnett’s comments follow a row over a letter sent by a number of Tory MPs to judges about the Charlie Elphicke sexual assault case which was denounced last week by the Lord Chief Justice’s officials as “improper”.

Other recent controversies include the row over the Supreme Court’s Brexit ruling on Article 50 and the Home Office material criticising “activist” immigration lawyers.

In his annual press conference today, Lord Burnett said thatsuch “general attacks on lawyers are extremely unfortunate” and that “a general attack on the legal profession undermines the rule of law” as he disclosed that the judiciary is considering tuition for new parliamentarians on how to deal with judges.

“It does seem to me that even if it amounts to a very short briefing to new members of both Houses of legislature of the boundaries between our respective rules and the need to respect the independence of the judiciary, that is something that we are considering,” he said.

Warning that “there’s been nothing quite like it in my experience”, Lord Burnett added. “There have been a number of instances which have bubbled up into the public domain of what might be thought to be interference. There needs to be sensitivity displayed by all branches of the constitution as to the proper sphere of the others and where the boundaries lie."

He insisted that judges understood their role, but warned that "I’m less confident that all parliamentarians have an instinctive understanding of where those boundaries lie.”

Lord Burnett also repeated a recent warning that court delays caused by the coronavirus pandemic could lead to cases collapsing as witnesses lose interest or other problems occur.