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Hoon defends Constitution - and rejects fears about judicial independence
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Europe minister Geoff Hoon has told the UK-based Commonwealth Magistrates and Judges Association that they don't know what they are talking about. It follows a submission made by them expressing concern about judicial independence in Gibraltar in the wake of the proposed new Constitution.
The Association made their submission public in selected media in Gibraltar, so Mr Hoon says he is making his reply public as well. And copies have been sent to the chief minister Peter Caruana and the chief justice Derek Schofield.
In his reply, Mr Hoon says: "I do not accept that any of the provisions relating to the judiciary run counter to the general principle of judicial independence."
And he adds: They stand up very well to scrutiny against international standards in this area, including the Latimer House and United Nations principles that you cite in your submission.
He continues by saying that they establish "a constitutional framework in relation to the judiciary in Gibraltar consistent with the principles applied in most democratic countries."
And they also represent "a significant and thorough modernisation of the judicial aspects of the present Gibraltar constitution."
With these words, Mr Hoon is rejecting outright the campaign on judicial independence which he clearly sees as misguided. They also indicate that the UK government is in no mood to make any further changes to the judicial aspects of the new Constitution.
He makes the point that the Gibraltar judiciary made submissions in March 2005 and February 2006. The majority of the proposals were taken onboard and included in the draft Constitution. "The remainder reflects what was agreed between the two parties to the negotiation," he says in his letter of reply.
And he adds: "The British Government would therefore reject any suggestion that any of the provisions of the draft Gibraltar Constitutioin are in breach of applicable international principles, or may otherwise be inappropriate."
HOON'S LETTER IN FULL
Dr Karen Brewer
Secretary General,
Commonwealth Magistrates and Judges' Association
Dear Dr Brewer
Please refer to your letter of 8 August to the Foreign Secretary attaching a submission on the judicial aspects of the draft Gibraltar Constitution. I am replying as the Minister responsible for Gibraltar issues. You are no doubt aware that the Chief Justice of Gibraltar has also written on this subject.
The draft Gibraltar Constitution is the culmination of several years' work and deliberation. In July 1999, the Gibraltar House of Assembly constituted a Select Committee to report on Constitutional reform. The Committee invited submissions from interested parties and then published its proposals in January 2002. These proposals were subsequently the subject of detailed negotiations between the delegations of the UK and Gibraltar in November/December 2004, September 2005 and March 2006. The then Foreign Secretary, the Rt. Hon Jack Straw, approved the outcome on behalf of the British Government.
The Gibraltar Judiciary made submissions on what should be included in the new constitution in March 2005 and February 2006. These submissions were considered in full by both the UK and Gibraltar delegations and were subsequently discussed between the delegations. The majority of the proposals were taken on board and included in the draft Constitution, including, for example, the suggestion of a separate Judicial Service Commission. The remainder reflects what was agreed between the two parties to the negotiation.
As Jack Straw said when announcing agreement in the House of Commons, the new Constitution provides for a modern and mature relationship between Gibraltar and the UK. I have looked carefully at the points in your submission. I do not accept that any of the provisions relating to the judiciary run counter to the general principle of judicial independence. They stand up very well to scrutiny against international standards in this area, including the Latimer House and United Nations principles that you cite in your submission. They establish a constitutional framework in relation to the judiciary in Gibraltar consistent with the principles applied in most democratic countries. They also represent a significant and thorough modernisation of the judicial aspects of the present Gibraltar constitution. The British Government would therefore reject any suggestion that any of the provisions of the draft Gibraltar Constitution are in breach of applicable international principles, or may otherwise be inappropriate.
Yours sincerely,
Geoff Hoon
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