Argwlydd Brif Ustus Judge

Yr Athro Noel Lloyd yn cyflwyno'r scrol i'r Argwlydd Brif Ustus Judge (chwith).

Cyflwyniad Syr Emyr Jones Parry i'r Argwlydd Brif Ustus Judge yn ystod y seremoni i'w urddo yn Gymrawd er Anrhydedd Prifysgol Aberystwyth ar ddydd Gwener 16 Gorffennaf.

Argwlydd Brif Ustus - Igor Judge

Anrhydeddus Is-Ganghellor

Mae hi’n fraint arbennig y bore yma i mi gyflwyno, ac i Brifysgol Aberystwyth gydnabod, Brif Ustus Cymru: a’i enw, yn addas iawn, yr Arglwydd Judge.

It is my particular pleasure this morning to introduce, and for Aberystwyth University to recognise the Chief Justice of Wales, aptly named, Lord Judge.

Law is our protection.  It sets out our rights, protects our freedom, and is an essential element of democracy. 

The rule of law is basic to our democratic tradition.  It requires that laws should be adopted by a transparent process, accepted by an electorate, and produce outcomes which are certain, supported and implemented consistently and fairly.  Law is essential at all levels – for individuals, for companies, for the nation state, for relations between countries, and more. 

Nid rhyw fater damcaniaethol mo Rheol y Gyfraith, nac yn gysyniad haniaethol nac, yn wir, yn ddogma gwleidyddol. Mae hi’n arwydd o lywodraeth dda, yn feincnod y gymdeithas wâr. Mae hi’n golygu bod y gymdeithas gyfan – pwy bynnag ydyn nhw – yn ddarostyngedig i reolau a chyfreithiau cyson ac argraffedig, sy’n cael eu gorfodi yn deg ac yn cael eu gweithredu ar bob adeg, heb ddangos ffafriaeth.

The Rule of Law is not a matter of theory or abstract concept, or indeed political dogma.  It is the manifestation of good government, the hallmark of civilised society.  It is when all of society – whoever they may be – are subject to predictable, published, and fairly enforced rules and laws which apply at all times and without favour.

As Lord Denning once remarked in ruling against a cabinet minister “High ye may be, but ye are not above the Law”

Justice is that mix of concept, laws and institutions which make a civilised society work. Law and order, and public accountability provide predictable conditions for us all.  It is the protection and vindication of rights and the punishment of wrongdoing, by processes which are transparently fair and represent the interest of the victim, the accused, and society as a whole.

It is easy to recognise situations where the rule of law and justice are absent.  Anarchy and conflict prevail. The weak and the poor suffer at the expense of the strong and rich.

We are privileged to live in the United Kingdom with long established laws and rights.  For us in Wales it is the law of England and Wales.  That law is overseen by the judiciary, under the sacrosanct tradition of its independence.  Government proposes and administers policy, parliament makes the law, and the judiciary uphold the application of law fairly and without favour.

Bu swydd Prif Ustus Lloegr ers 1268, o leiaf. Esblygodd y swydd honno i fod yn Arglwydd Brif Ustus Lloegr tan 1998, pan benderfynodd yr Arglwydd Brif Ustus ar y pryd, yr Arglwydd Bingham, a hynny’n gywir iawn, mai’r Arglwydd Brif Ustus Cymru a Lloegr y dylai’r teitl fod o hyn allan.

Since at least 1268, there was a Chief Justice of England. That role evolved to become the Lord Chief Justice of England, until rightly in 1998, the then Lord Chief Justice, Lord Bingham, decided that he should be called the Lord Chief Justice of England and Wales.

In 2006, when the Constitutional Reform Act 2005 came into force, the Lord Chief Justice became the Head of the Judiciary in England and Wales, a role previously held by the Lord Chancellor.  The current Lord Chief Justice is also head of Criminal Justice and President of the Courts of England and Wales. 

As Lord Chief Justice, Lord Judge has some 400 statutory duties.  His key responsibilities include representing the views of the judiciary of England and Wales to Parliament and the Government, the welfare, training and guidance of the judiciary in England and Wales, and the deployment of Judges and allocation of Courts in England and Wales.  The Lord Chief Justice also sits on important criminal, civil and family cases.  He gives judgement and lays down practise direction on many of the important appeal cases.

This is a massive role with its many different elements It requires a person of huge ability, outstanding talent, and total integrity.  That is why Igor Judge is the Lord Chief Justice of England and Wales.  He is hugely admired by his colleagues both as a Judge, and as a human being, as though Judges are not meant to be human.  He is a very humane judge with a deep understanding of people.  Despite his workload, he always wants to engage with people wherever he goes.  This interest in people leads him to test responses to problems from the standpoint of the citizen.

But of course he is not, and should not be a soft touch.  He is tough when he needs to be and is known to have a will of steel. He is conservative (with a small c) in many important constitutional and professional matters. 

Pam felly y dylai Prifysgol Aberystwyth gydnabod yr Arglwydd Brif Ustus hwn? Yn rhannol oherwydd mai Arglwydd Brif Ustus Cymru ydy ef, ac mae’n ymfalchïo yn y swyddogaeth honno.

Why then should Aberystwyth University recognise this Lord Chief Justice? In part because he is the Lord Chief Justice of Wales and delights in that role.

In April of this year he created a representative committee, which he chairs personally, to advise him on Welsh issues, and which will shortly become part of the structure of the Judges’ Council. Recently he sat for two weeks in Caernarfon.

Igor Judge has longstanding ties with Wales through his wife’s family.  He spends a lot time in Abersoch.  Indeed he has a mat on his desk in the Royal Courts of Justice in London which reads “I’d rather be in Abersoch”.  Building sandcastles on the beach with his grandchildren is one of his favourite occupations.

Mae hi hefyd yn iawn bod Aberystwyth, a’i thraddodiad hir a’i henw da am ddysgu’r Gyfraith, yn cydnabod Arglwydd Brif Ustus Cymru.

It is also right that Aberystwyth, with its long tradition and reputation for the teaching of Law should honour the Lord Chief Justice of Wales.

Wales of course is developing more of its own legal personality.  The legal structures in Wales therefore need to keep pace with political devolution, and legal capacity in Wales must continue to strengthen.  It is vital that the administration of law in Wales takes account of Welsh legislation and is more sensitive to devolution, as indeed Lord Judge himself has recognised in many ways. 

In a speech at Legal Wales last October he made clear that “the way in which Justice will be administered in Wales in the end will I hope be determined by the way in which the constitution of Wales actually develops”.  That wish has lead to the institution of regular meetings between the Lord Chief Justice and the First Minister, the Counsel General and the Permanent Secretary in the Welsh Assembly Government.  So this Lord Chief Justice of Wales is on the case, in his role as the head of the jurisdiction of England and Wales.

In Wales, there is now some debate as to whether there should be a separate jurisdiction in Wales.  It is clear that a separate Welsh jurisdiction is not a pre-condition for the development of increased legislative powers for the National Assembly for Wales.  But as more and more legislation is enacted in Wales over time, the case for a separate jurisdiction will strengthen. 

Yn y cyfamser dylid cynnwys dyheadau Cymru o fewn y strwythurau presennol. Mae angen parhau i ddatganoli sefydliadau’r Gyfraith i Gymru, ac mae angen, yn amlwg, sicrhau mai yng Nghymru y gwrandawir ar y rhan fwyaf o achosion o Gymru.

Meanwhile the aspiration of Wales  should be accommodated within the present structures.  There is a need for continuing decentralisation of institutions of the Law to Wales, and an obvious need to ensure that cases from Wales are mostly heard in Wales. (A)
We are fortunate that these issues are the responsibility of Igor Judge.  Being half Maltese, along with all his other attributes, he understands the aspirations, ambitions, and perplexities of small nations.  We are fortunate to have his interest in the administration and development of Law and institutions in Wales.

Is-Ganghellor, dyma felly gyflwyno i chi’r Arglwydd Judge, a’i gymeradwyo i fod yn Gymrawd Prifysgol Aberystwyth.

Vice Chancellor, I therefore commend to you Lord Judge to be a Fellow of Aberystwyth University.

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