parliament last year was unlawful.
Giving evidence to a parliamentary committee, Lord Reed rejected claims that judges were engaged in a
political power grab, and said he saw little need for the commission to recommend substantial changes to
the way the courts operate.
Instead, he suggested the review’s focus should be on drawing up written rules on the relations between
government and parliament to prevent a repeat of last year’s House of Commons dramas over Brexit.
In his annual appearance before the House of Lords Constitution Committee, Lord Reed was asked directly
whether he would resign his post if a prime minister attempted to politicise the judiciary.
He paused for a long time before replying: “I would have to see exactly what is being proposed.”
Pressed on what would force him to resign, he said: “The sort of system they have in the United States
would be unacceptable.
“I know some of the justices there who have gone through that process. It is really intolerable.”
Lord Reed said that some reform of the way judges are appointed to the Supreme Court may be beneficial,
and voiced his backing for efforts to attract a more diverse range of judges.
But he said: “My concern would be, if this is being looked at and alternatives are being considered, that we
maintain the primary principle that appointment is on merit, because that is the key to the prestige of the
court and the pre-eminent role it is regarded as having in the common law world, and also that we avoid
party political considerations playing a part.
“The court has to maintain the confidence of the public. It also has to maintain the confidence of the
opposition, who may be the government in future. So it is very important that we are perceived as being
politically neutral.”
The court’s deputy president, Lord Hodge, told peers: “I have a concern that if we were to go down
something that appeared to be a political confirmation and did involve asking about one’s personal views,
we would risk having judges who felt they have received some mandate to bring their personal views into
the courtroom.”
Former court president Lady Hale delivered the
ruling that the suspension of parliament was
unlawful (Supreme Court/PA)He added: “There is a great danger that you damage an institution which has an international reputation if
you go down that road.”
Asked whether the government was considering introducing confirmation hearings for judges, Mr