An independent judiciary is vital to a functioning democracy because it allows citizens to ensure that the government obeys the law. Tension between the judiciary and the executive is inevitable but, since at least 2016, the government has increasingly attacked judges. While these criticisms have been found, by two government-sponsored reports, to be without foundation, the impact on the judiciary has been severe. The APPG examined, over a three month inquiry, whether ministers’ behaviour had compromised the independence and constitutional role of the judiciary.

It’s report made four key findings:

1. Ministers have, in attacking judges, sometimes failed to act in a constitutionally proper or in a helpful manner.

2. The constitutional safeguards which should ensure a proper relationship between the executive and the judiciary are not sufficiently effective. In particular, the politicisation of the offices of Lord Chancellor and Attorney General, may conflict with their constitutional duties to safeguard the independence of the judiciary.

3. This has caused significant concerns amongst the judiciary. 

4. It may also have created the impression that the Supreme Court has been influenced by ministerial pressure (even if indirect). 

To remedy these problems, the APPG made three recommendations:

1. Foreground the independence of the judiciary in the forthcoming independent review of the Constitutional Reform Act/Supreme Court.

2. Provide statutory guidance for ministers on their constitutional duties towards the judiciary.

3. Provide statutory guidance on the appointment and conduct of Law Ministers.