Kevin Martin praises the work of the global legal community in preserving the rule of law. Yet there is much English and Welsh firms can do

As President of the Law Society of England and Wales, an integral part of my role is to help maintain Chancery Lane’s global reach and its significance abroad, acting as an ambassador for the profession internationally.


As usual at this time of year, the international legal scene has been extremely busy. The American and Canadian Bar Association held conferences in August, followed in September by the Commonwealth Law Conference that took place here in London.


The Law Society was proud to host the event in its 50th anniversary year, run in conjunction with our own annual conference. We were delighted to have played a prominent role in such a successful gathering.


Having just returned from the most recent conference – the International Bar Association in Prague – I have been struck by the commonality of the themes running through all of the discussions.


Whether the conference was in North America, on the continent or in the UK, the central theme falling into sharp focus has been the threat posed to human rights and fundamental democratic principles, in particular the rule of law. With all countries facing the threat of terrorism, the erosion of fundamental principles of liberty and justice cannot be ignored in the West. What was once seen as an issue principally for a number of unstable states in the Middle East, Africa and Asia is now a real concern for us all.


Reassuringly, the universal message left ringing in my ears is that lawyers across the world are united in their commitment to justice, the liberty of the individual and to the ongoing protection of the rule of law. As a profession, we must see it as our duty to uphold and preserve these enduring principles on which democracy is built.


The Law Society supports the UK and global effort to tackle the threat posed by terrorism internationally and locally. However, as we have said before – and will continue to say – it is essential that the correct balance is struck between the legitimate aim of protecting the public and upholding the principles of fairness and justice.


This is a mantra we continue to direct towards our own government too. We have reservations about a number of proposals set out in the draft Terrorism Bill, published last month. Most significant is our concern about any possible extended period of pre-charge detention for terrorism suspects, beyond the 14-day limit already in place. We are yet to be convinced of the need to extend the maximum from 14 days to three months. A 14-day period is already a serious deprivation of liberty, significantly longer than for any serious non-terrorist offence, such as rape and murder. The government will have to launch a very strong case if it is to justify such a significant change. However, if there is to be any extension at all to the period of detention, we say that it must be granted and reviewed at short intervals by a High Court judge. In the coming weeks and months, we will lobby strongly on this issue.


In my annual address at the Law Society’s conference last month, I expressed the sincere belief that the legal profession, every branch of it, has a particularly important role and responsibility to uphold the rule of law in all it does. And because lawyers have such a fundamental role in guarding this principle, it is doubly important that the profession’s independence from the state is protected. This is vital. Whether you work in a big City firm, as a sole practitioner, or in a smaller high street practice, I urge you to be vocal about it – this is an integral part of our profession.


As leader of the profession, the Law Society also plays an important role in getting the voices of solicitors heard. We work tirelessly to promote international human rights, providing support to lawyers whose own rights have been violated, as well as to those fighting to promote the human rights of others. It is work of which we can all be proud.


Guantanamo Bay, which still looms large in the minds of many in the international legal community, provides a good example of the Law Society’s work in this area. We took a central role in pushing for a resolution of the situation, actively lobbying against the ongoing detention of individuals at Guantanamo and organising a number of events to highlight their plight.


While we welcomed the eventual release of the four British nationals and their safe return to their families at the beginning of the year, we nevertheless remain concerned about at least five long-term residents of the UK who are still held. An appeal for one of the detainees, Omar Deghayes, can be found on the Law Society Web site (www.lawsociety.org.uk).


By the time this column goes to press, I will have chaired an international human rights seminar – another step in the Law Society’s drive towards respect for the rule of law. Work of this kind really does matter. This is a view clearly shared by lawyers across the world. In continuing to lobby for proper respect to be paid to the rule of law, we find ourselves, I am pleased to say, in good company.


Kevin Martin is President of the Law Society