Politics
UK’s top judge attacks Starmer and Badenoch for ‘unacceptable criticism’ of Gaza refugee decision
‘The independence of the judiciary should be protected and respected,’ said Baroness Carr
February 18, 2025 16:31
‘The independence of the judiciary should be protected and respected,’ said Baroness Carr
February 18, 2025 16:31The UK’s most senior judge has today attacked both the Prime Minister the Leader of the Opposition over what she labelled as “unacceptable criticism” of a court ruling concerning the rights of Gazan refugees.
The ruling allowed a family of six from Gaza to come to Britain despite the fact that their asylum application was lodged through a scheme specifically intended for Ukranian families.
Judge Hugo Norton-Taylor ruled that the Home Office’s rejection of the family’s application violated their human rights – but the decision sparked backlash from several senior politicians.
Prime Minister Sir Keir Starmer said that the decision was “wrong” and that the Home Office would close the related legal loophole, while Tory leader Kemi Badenoch posted her disapproval on social media and raised the issue at PMQs last Wednesday.
Likewise, Reform UK’s deputy leader Richard Tice claimed that the ruling risked “pro-Hamas, antisemitic attitudes being brought into the UK”.
However, Baroness Sue Carr, the Lady Chief Justice, told the Daily Telegraph that she had written to Starmer and Justice Secretary Shabana Mahmood to say that she was “troubled” by the criticism of Norton-Taylor.
“It is for the government visibly to respect and protect the independence of judiciary where parties, including the government, disagree with their findings”, Carr said.
She added: “They should do so through the appellate process. And of course MPs, just like the governing body also have a duty to respect the rule of law.”
A government spokesperson hit back and said that: “As a former chief prosecutor, the Prime Minister’s respect for the judiciary, the role they play in our democracy and the rule of law is beyond question”.
They added: “The Prime Minister has made clear that it is for Parliament to make the laws and for the Government to decide policy.
“Where the law is not working as we think it should be, the Government will take action to tighten up the rules – and that is what we are doing.”
Senior political figures from across the political specturm also took issue with the Lady Chief Justice’s comments.
Tice told the JC he thought it was “utterly disgraceful and totally shameful for Baroness Carr to say that the Prime Minister, the Leader of the Opposition and other politicians can’t criticise judgements.
"What has become clear is the judiciary are imposing their own values on legislation.”
He added: “Our job is to ensure that the judges enact the law in accordance with the law and not to ascribe their own biased values to the legislation.
“There is a crisis of confidence between the British people and politicians on the one hand and immigration judges on the other hand”, Tice added, describing the situation as “untenable”.
The MP for Boston and Skegness also reiterated his criticism of the original judgement: “Again, what planet are these judges on? Arab nations adjacent to Gaza don’t want to accept Gazans.
“A 10-year-old can see that Gazans shouldn’t be using the Ukrainian refugee scheme.”
Conservative Shadow Justice Secretary Robert Jenrick also hit out at Carr’s comments.
“The rule of law does not prevent politicians – or indeed any other citizen – from publicly disagreeing with a judge’s decision”, he said in a post on social media.
Criticising Norton-Taylor’s original decision, he added: “The judge displayed clear overreach by removing limits elected politicians had imposed on our immigration system – turning a Ukraine only scheme into one for the whole world. If judges step into the political arena they can expect a political response.”
The senior Tory frontbencher went on: “The principle of the rule of law is being misused. It needs to be reclaimed. It does not, and never has meant, rule by lawyers.”