Allister comments on Attorney General row
23 April 2012
Statement by Jim Allister QC MLA:-
"The independence of the judiciary is a vital part of our constitutional equilibrium. A consequential convention is that politicians do not ascribe inappropriate motives to judges in making their independent decisions.
"Politicians rushing in to defend one of their own, who spectacularly disrespected the convention, is not a healthy or edifying spectacle.
"It is foolish to talk about judges having the facility to initiate defamation proceedings, because the nature and constraint of their office effectively makes this an impracticable option.
"It is part of the duty of the Attorney General to protect both the independence and the office of the judiciary, and to do so while himself acting independently. Of course, the steps he takes to do that can themselves be questioned and criticised, but some seem to think he should turn a blind eye to audacious assault on the probity of a senior judge. In this I believe they are wrong.
"However, the key political question which now emerges from the attack on the Attorney General by the Finance Minister is whether the Attorney still enjoys the confidence of the Executive and Joint First Ministers who appointed him. The public are entitled to know this. Thus, this is an issue I will seek to pursue this week."