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Boris Brexit approach ‘deeply shocking’, says UK judge
Baroness Hale, Ms Justice Irvine and Mary Robinson

13 May 2022 / law society Print

Boris Brexit attitude ‘deeply shocking’, says UK judge

Retired UK judge Baroness Hale said last night that the Brexit solution offered by Theresa May was not perfect, but was not as imperfect as the one Boris Johnson, her successor as British prime minister, negotiated.

“Yet our parliament, in its wisdom, rejected hers and accepted his,” she said last night at the Law Society (12 May).

When practical difficulties became apparent, the British government then threatened to break the very agreement it had made, the former President of the UK Supreme Court commented.

“And it’s still doing so. Those of us who believe in the rule of law at home, and a rules-based international legal order abroad, find this all deeply shocking,” Baroness Hale said.

Hibernian Law Medal

It was sometimes the task of the judiciary to remind government that its powers were not unlimited, and that it must keep within the power the law had given it, she said.

“This doesn't always make this popular, either with the general public or with government,” she said.

“We lawyers and judges have to carry on with the job, regardless of what the media, social media and politicians have to say about us,” she said.

The Hibernian Law Medal 2022 was awarded last night (12 May) to former President of Ireland Mary Robinson, and Baroness Hale, formerly President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020.

It is awarded annually to individuals who have made outstanding contributions to the advancement of justice, integrity of the rule of law, independence of the judiciary and legal profession, and to public understanding and access to the legal system.

Former medal recipients include ex-Chief Justice Mrs Justice Susan Denham, former president of Ireland Mary McAleese, Ms Justice Catherine McGuinness, and Lord Neuberger, who served as President of the UK Supreme Court from 2012 to 2017.

'Pivotal role'

Introducing the recipients, High Court President Ms Justice Mary Irvine said that the opening up of Irish society, and reform of the laws in relation to contraception, homosexuality and divorce, had all been realised, due in no small part to Mary Robinson’s drive and commitment.

Mary Robinson practised at the Bar to make change, she said.

Robinson played a “pivotal role in shaping not only the modern and inclusive society that we all cherish so much, but also our current rejuvenated and much-liberalised Constitution,” she said.

Accepting the medal, Mary Robinson said that as UN High Commissioner for Human Rights, she had “a great awakening” that the right to food, water, health, and education were not being championed sufficiently.

Climate change was undermining all these rights, she said.

“You may recall that during my seven years as President of Ireland from 1990- 97, I never made a speech on climate, because we weren't aware,” she said.

“We should have been, maybe, but we weren't,” she admitted.

The industrialised world had built its economies on fossil fuel, but now must wean itself off as rapidly as possible, Robinson said.

The climate crisis should be made personal in people's lives, through recycling more, and changing diet and transport habits.

Climate anxiety

“It gives you a sense of owning the crisis which is very refreshing. It helps your climate anxiety, you won't be so anxious in the future,” Robinson told the attendees.

“Secondly, get a bit angry with those who aren’t doing enough – which is government, the private sector, the fossil-fuel lobby. Everybody has to do a bit more,” she urged.

Oil and gas companies had received a new lease of life because of the war in Ukraine, she commented.

“The oil and gas companies, they're now coming to the rescue of governments and saying, ‘you need us’.

“We don't. They might think we do, but we don’t. We need clean energy, and we need it very rapidly,” she said.

'Catastrophic world'

In the early days of COVID, people could hear birdsong and had cleaner air because fossil-fuel activity ceased, the former president pointed out.

“We need to stop it permanently,” she said, adding that the fossil-fuel lobby was effective and tenacious.

If the climate target remains unmet then, there is only a “catastrophic world” ahead.

“We need to keep a focus on the real existential threat; it is not going to be a livable world on the present trajectory, at all,” Robinson stated.

Mary Robinson is travelling to Rwanda next week for a meeting of the Women Leaders Network of Africa and Europe.

“We have to change the mindset to a much more positive feminist approach to living,” she said.

Unfairness

Accepting her medal, Baroness Hale said that feeling outnumbered as a woman had led to a continuing sense of unfairness in her life.

She learnt to “carry on regardless” of casual sexism, she said.

However, she had also benefited from being an “appointable woman”, at a time when the powers-that-be were on the lookout for same, she said.

“I’ve definitely benefited from that, and I’m not ashamed to say so,” she said.

A diverse judiciary was important for democratic legitimacy, she added, because the law and the justice system were there for everyone.

‘Alien beings’

“People should not feel that their lives are being governed by some alien beings from outer space, as so many of the judges from my early days appeared to be,” Baroness Hale said.

“The absence of women, of ethnic minorities, and other under-represented groups, suggests that we are not equally valued by the law of the justice system,” she stated.

Baroness Hale added that not many male judges would list humility as a necessary characteristic in doing the job.

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