NI’s top judge accused of ‘foolish’ Brexit comments

The TUV leader was responding to comments made by Sir Declan Morgan on the BBC’s The View programme last night, when the Lord Chief Justice (LCJ) said a decision to override aspects of the EU Withdrawal Agreement “might undermine trust in the system of the administration of justice”.

Earlier this week, NI Secretary Brandon Lewis told MPs that provisions in the Internal Market Bill would “break international law in a very specific and limited way”

The government has described the new bill as guaranteeing that “companies can trade unhindered in every part of the UK as they have done for centuries, ensuring the continued prosperity of people and business across four parts of the UK”.

During an interview recorded for broadcast last night, Sir Declan Morgan said: “Comments such as an indication that you’re going to break international law, albeit in only a small way, is something that may well undermine trust in the government and certainly might undermine trust in the system of the administration of justice.

“It seems to me it enables others to take the view that they can choose which laws apply to them. We need to have a public which is confident that the law will be applied as it is and that it will be applied with integrity and independence.”

Sir Declan added: “Domestic law is what it is, but international law is much more grounded on trust and confidence between nations and where there is an indication that a state intends to break international law, it seems to me it may have a domestic effect on the confidence the public may have in the legal system generally.”

Jim Allister, said the LCJ has now taken a “partisan stance” on an issue that could yet come before the courts in Northern Ireland.

“The comments of the Lord Chief Justice are remarkable – remarkably foolish,” Mr Allister said.

“I have much respect for Sir Declan Morgan, having known him for many years, going back to when we sat the Bar exams together. But, it is, in my opinion, no function of the LCJ to get down among the politicians debating a live Bill that is before Parliament. Parliament, not judges, make legislation.

“Moreover, it would be no surprise if one of our serial judicial reviewers, on legal aid, contrived a challenge to aspects of a bill on which the LCJ has already taken a partisan stance.”

“Of course, the LCJ is interested in the rule of law, but I must say I have heard nothing from him about the deputy First Minister’s flagrant breach of the rule of law at the Storey funeral.

“Furthermore, his reported comments about former Victims’ Commissioner Judith Thompson fall well outside his remit. The decision to re-appoint Ms Thompson last year was met with dismay by many innocent victims in 2019 and small wonder.

“Her support for a terrorist on the Victims’ Forum at the expense of an elderly innocent victim showed that she was totally unsuited for the job. A victims commissioner who has lost the support of innocent victims holds an untenable position.”

Mr Allister added: “It is regrettable that the Lord Chief Justice has chosen to involve himself in this matter at all but one might have hoped that having decided to comment he might at least have considered the position of many people who have a right to look to the courts for justice for their loved ones who have been stolen from them or who have suffered grievous life-changing injuries.”

The LCJ’s office said Mr Allister’s comments had been “noted,” and that “the Lord Chief Justice has nothing to add”.