‘Alarm bells’ as Tories pledge to ditch ECHR
High Court President Mr Justice Davd Barniville said last night that he feared a decline into a ‘Trumpian dystopia’ given attacks on England-and-Wales judges by shadow Conservative justice spokesman Rebert Jenrick this week.
Speaking at a parchment ceremony at Blackhall Place for a total of 62 new solicitors, the judge urged the new lawyers to uphold and defend the rule of law, in the face of increasing threats.
Jenrick stated that 35 ‘activist judges’ with links to open-borders charities have undermined public trust in courts.
Such judges would be sacked if the Tories regained power, given its plans to give ministers a bigger role in hiring and firing for the bench, Jenrick said at the Conservative Party conference (7 October).
'Serious mistake'
“Those comments were described by Lord Sumption, a well-known former member of the British Supreme Court, as being a serious mistake, and almost Trumpian in their tone,” Mr Justice Barniville said at the Law Society last night.
“In addition, Mr Jenrick described the Attorney General for England and Wales as a 'mafia lawyer', calling him a ‘useful idiot for Britian’s enemies'.
“Our first thoughts about that type of discourse might simply be to dismiss those comments as no more than bluster or hyperbole,” he said.
“The alarm bells do begin to sound when we consider those comments in the context of others made by conservative leader Kemi Badenoch, who confirmed that, after taking advice from her shadow Attorney General, the next Conservative Government will take Britain out of the European Convention on Human Rights, and will seek to repeal the Human Rights Act,” Mr Justice Barniville said.
Robust
This all highlights the need to remain vigilant and robust in defence of the rule of law in this jurisdiction, he added.
Justice Barniville referred to the assassination of South African prosecutor Tracy Brown, highlighted in a recent Gazette, and the fatal shooting of a judge in Albania, warning that lawyers and judges globally are increasingly under threat for simply doing their jobs.
“The law is a powerful tool, but also brings with it a responsibility,” he told the new solicitors.
“Like the endangered lawyers I've mentioned, you have the power to effect positive change in the life of others, whether that's helping your client to find justice, assisting in the resolution of disputes or in the framing of legislation,” he added.
Lawyers are not just ordinary market participants but have a primary duty to society, the High Court President said.
Mr Justice Barniville acknowledged the allure of international opportunities but encouraged young lawyers to contribute to the Irish legal system by bringing their knowhow home.
He also advised the new lawyers never to cover up their mistakes, as that way lies even more trouble.
Dynamic
Guest speaker Attorney General Rossa Fanning told the new solicitors that the law is not a monolithic set of rules that is impermeable to change, as its detractors sometimes like to suggest.
“On the contrary, the law is and must be dynamic,” he said.
“It must always quickly adapt and respond to changes in human behavior and commercial life, and as a consequence, it is a demanding career.”
However, done right, the satisfaction and fulfillment of legal practice will be enormous, the AG said.
“Being a solicitor is a very significant position in society. It is a hallmark of academic achievement, strategic judgment and personal integrity,” he said.
The profession ranks high in public esteem because it is the only bulwark between the ordinary citizen and encroachment on that citizen's rights, the AG said.
Law Society President Eamon Harrington urged the new solicitor to be supportive of their representative body, and to become involved with it.
Prizewinners
The Overend Scholarship Prize was awarded to Isabelle Bradley, while the Company Law Prize went to Caoilinn Devins.
Michelle Parks (A&L Goodbody LLP) won the Law Society Employment Law Prize while Hugh Dunne (Venture Legal Services LLP) won the PPC Law Society Professional Responsibility award.
Zoe Dunne (Philip Lee LLP) was awarded the Law Society 2022 PPC Family Law Prize.