Agenda item

By Deputy Joyce Carruthers Nash, O.B.E.

(A)“That Adrian Bastow be appointed to the Planning and Transportation Committee for the Ward of Aldersgate, in the room of Barbara Newman?”

By Deputy Tom Sleigh

(B)To consider a Motion, submitted by Deputy Tom Sleigh, expressing support for the independence of the judiciary.

(A) Resolved – That Adrian Bastow be appointed to the Planning and Transportation Committee for the Ward of Aldersgate, in the room of Barbara Newman.

(B)   Motion – “That this Honourable Court, in: 

a)     recognising that the continued success of the City of London as a world financial and professional services centre is underpinned by a strong, trusted and independent judicial system, as expressed by the Lord Chief Justice of England and Wales in July 2018 at the Lord Mayor’s Dinner for HM Judges that ‘the rule of law and a well-functioning justice system underpin the prosperity and stability of the nation’ and affirming that those principles and sentiments are as relevant now as they were then;

b)     valuing the City’s deeply rooted connections with the justice system and support of our constitutional settlement over many centuries, including as one of only two guarantors of the Magna Carta of 1215 and, in more modern times, the provision of the Central Criminal Court, the Mayor’s and City Court, and City of London Magistrates’ Court;

c)     agreeing with the then Lord Chancellor’s remarks at the Lord Mayor’s Banquet in 2018 that ‘together with our expert, independent judiciary, [the Rule of Law] has been – and will continue to be – the solid foundation for our status as a financial and legal global centre. The trust and confidence the Rule of Law provides means that businesses feel they can invest and traders can engage in contracts…’;

d)     noting the unanimous decision of the United Kingdom Supreme Court on 24th September 2019 in exercising its supervisory jurisdiction over the lawfulness of acts of government, in asserting the sovereignty of Parliament and the accountability of Ministers of the Crown to Parliament as it was the Supreme Courts duty to do; and

e)     endorsing its prior decision to continue to invest in Court provision in London through the development of a new combined courts centre on Fleet Street.

Expresses deep concern:

At repeated attacks on the independent judiciary by figures in the media and public life and concurs with the remarks of the then Lord Chancellor at last year’s Lord Mayor’s Banquet that:

“Our institutions have become guardians of our democratic ideals. They ensure that the right checks and balances exist for us and they promote the inherent sense of fairness that exists in our country. They do not work against the people, they share power in the best interests of everyone.

That view … is under attack. Rather than recognising the challenges of a fast-changing society require sometimes complex responses, that we live in a world of trade-offs, that easy answers are usually false answers, we have seen the rise of the simplifiers. Those grappling with complex problems are not viewed as public servants but as engaged in a conspiracy to seek to frustrate the will of the public. They are ‘enemies of the people’.

In deploying this sort of language, we go to war with truth; we pour poison into our national conversation.”

And therefore resolves: 

1.   To express its full and unequivocal support for the United Kingdom’s independent, highly professional and experienced judiciary and their role in upholding the Rule of Law in accordance with their Oath to “do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will”;

2.   To reaffirm its commitment to promoting the Rule of Law and provision of Court facilities as core elements of the Corporation’s wider commitment to the national community;

3.   To ask that the Chair of the Policy & Resources Committee writes to express our support of the judiciary and the Rule of Law to:

                            i.  The President of the Supreme Court

                           ii.  The Lord Chief Justice of England & Wales

                         iii.  The Lord President of the Court of Session of Scotland

                         iv.  The Lord Chief Justice of Northern Ireland

copied to the Attorney General, the Lord Chancellor, and the Speakers of the Houses of Commons and Lords.”

Deputy Tom Sleigh spoke to introduce the Motion, following which, a number of Members spoke either in support or to express their reservations and oppose the Motion as currently worded.

Those speaking in opposition argued that the Motion was unnecessary, with the City Corporation’s long-standing support for the judiciary being well-known and the Motion being, as a consequence, superfluous. It was also suggested that the judiciary had not requested the City Corporation’s involvement in this matter and that this Motion could be seen to be politically motivated or otherwise seeking to admonish the Government, which would be undesirable and contrary to the City Corporation’s politically neutral position.

A number of Members also spoke to support the Motion, arguing that the mood of public discourse, particularly in the media, had altered in such a way as to be of significant concern and require a statement of public support for the judiciary. Reference was made to previous occasions when the City Corporation had taken public positions in defence of the rule of law, as well as the fundamental importance of the rule of law to business and commerce. The inability of the judiciary to speak out publicly was also noted, as were the efforts that had been made, together with the support of several Members, to ensure the wording of the Motion was apolitical.

It was suggested that the deletion of paragraph (d) from the Motion might ease any concerns that the Motion might be construed as political and, therefore, facilitate the support of the majority of the Court.

Amendment – That paragraph (d) of the Motion be deleted.

Upon the Amendment being put, the Lord Mayor declared it to be carried.

Upon the substantive Motion as amended being put, the Lord Mayor declared it to be carried.

Resolved – That “That this Honourable Court, in: 

a)     recognising that the continued success of the City of London as a world financial and professional services centre is underpinned by a strong, trusted and independent judicial system, as expressed by the Lord Chief Justice of England and Wales in July 2018 at the Lord Mayor’s Dinner for HM Judges that ‘the rule of law and a well-functioning justice system underpin the prosperity and stability of the nation’ and affirming that those principles and sentiments are as relevant now as they were then;

b)     valuing the City’s deeply rooted connections with the justice system and support of our constitutional settlement over many centuries, including as one of only two guarantors of the Magna Carta of 1215 and, in more modern times, the provision of the Central Criminal Court, the Mayor’s and City Court, and City of London Magistrates’ Court;

c)     agreeing with the then Lord Chancellor’s remarks at the Lord Mayor’s Banquet in 2018 that ‘together with our expert, independent judiciary, [the Rule of Law] has been – and will continue to be – the solid foundation for our status as a financial and legal global centre. The trust and confidence the Rule of Law provides means that businesses feel they can invest and traders can engage in contracts…’; and

d)     endorsing its prior decision to continue to invest in Court provision in London through the development of a new combined courts centre on Fleet Street.

Expresses deep concern:

At repeated attacks on the independent judiciary by figures in the media and public life and concurs with the remarks of the then Lord Chancellor at last year’s Lord Mayor’s Banquet that:

“Our institutions have become guardians of our democratic ideals. They ensure that the right checks and balances exist for us and they promote the inherent sense of fairness that exists in our country. They do not work against the people, they share power in the best interests of everyone.

That view … is under attack. Rather than recognising the challenges of a fast-changing society require sometimes complex responses, that we live in a world of trade-offs, that easy answers are usually false answers, we have seen the rise of the simplifiers. Those grappling with complex problems are not viewed as public servants but as engaged in a conspiracy to seek to frustrate the will of the public. They are ‘enemies of the people’.

In deploying this sort of language, we go to war with truth; we pour poison into our national conversation.”

And therefore resolves: 

1.   To express its full and unequivocal support for the United Kingdom’s independent, highly professional and experienced judiciary and their role in upholding the Rule of Law in accordance with their Oath to “do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will”;

2.   To reaffirm its commitment to promoting the Rule of Law and provision of Court facilities as core elements of the Corporation’s wider commitment to the national community;

3.   To ask that the Chair of the Policy & Resources Committee writes to express our support of the judiciary and the Rule of Law to:

                            i.  The President of the Supreme Court

                           ii.  The Lord Chief Justice of England & Wales

                         iii.  The Lord President of the Court of Session of Scotland

                         iv.  The Lord Chief Justice of Northern Ireland

copied to the Attorney General, the Lord Chancellor, and the Speakers of the Houses of Commons and Lords.”