Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to ensure political impartiality among magistrates and judges in judicial proceedings.

An independent and impartial judiciary is one of the cornerstones of the United Kingdom’s constitution and vital to the proper functioning of our democracy based on the rule of law.

There is a statutory prohibition on salaried judges undertaking any kind of political activity or having ties with a political party. This prohibition includes holding political office. The Lord Chief Justice and the Senior President of Tribunals set out guidance for judicial conduct in the Guide to Judicial Conduct which applies to judges, coroners and magistrates. The basic principles guiding judicial conduct are judicial independence, impartiality and integrity and the Guide to Judicial Conduct explains that judges should avoid any appearance of political ties.

As the judiciary is independent of government, it is not appropriate for the government to comment on the actions of a judge during a case. Complaints of judicial conduct may be referred to the independent Judicial Conduct Investigations Office (JCIO). What does and does not constitute a question of misconduct is for the JCIO to determine.