Tuesday 7 May 2024

Names matter and titles

do too. It might surprise our Attorney-General but there is a distinct difference between KC and SC - even if their work and the pay they can command appears to be the same.

Our Attorney-General has a piece of "trivial" legislation he plans to put in front of parliament to "modernise" the judiciary in which he plans to be rid of "KC" (King's Counsel) and just have SC (Senior Counsel). Sounds simple doesn't it?

There is a slight problem with all this. The legal profession was not consulted - and there is still a separation of powers in this country - and there is another form of SC (Special Counsel) as well. It is also being seen as yet another step towards a "republic by stealth". There may well be people who support the idea of a "republic" but they do not appreciate the idea of getting one by underhand means. 

The legislation will almost certainly pass but it is not "trivial". Names matter. I have been thinking back to names from my childhood. Adults then were "Mr" and "Mrs" or "Miss". The doctor was "Doctor" and male people in authority were "Sir". A sign you were growing up was to be invited to call someone by their given name or Christian name. Even when I was at university the staff were Mr, Mrs, Miss, Doctor, Professor....  It was not until I was a "mature age" student I called any member of staff by their given name at law school - and I only did it when other students were not present. I have been in and out of court on a number of occasions and things there are still very formal too. 

This is as it should be. There needs to be a separation between those responsible for administering the law and the law itself. The Attorney-General has failed to understand this because, even within the courts themselves, there is a hierarchy - Magistrates, District, Supreme - and among the people who work there.  Perhaps it is time to acknowledge that before we get to the point where the courts are no longer a place for the administration of justice. Somehow I do not fancy calling a judge by their given name. 

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