*/
The Lords Constitution Committee has heard evidence from the former Lord Chief Justice on the Office of Lord Chancellor.
Lord Judge, who has worked with three Lord Chancellors and two Attorneys General during his time in office, told the Inquiry Committee: “I am quite prepared to tell you that when I heard that Mr Grayling was going to be the next Lord Chancellor, I rushed off to see whether he was qualified.
I was reminded of how worried I was about the breadth of the statutory definition that would apply to anyone holding this office. I remain extremely concerned about it, but at least there is some limit...”
He continued: “I would be much happier if there was a statutory provision that required the Lord Chancellor and therefore the minister to have some legal qualification.”
Supporting mechanisms were also key. “A few years in practice at the Bar in the 1970s tells you very little about the constitutional difficulties, arrangements, dangers and so on that have overtaken your life when you come to be Lord Chancellor at the end of your political career.
That is not directed at Mr Grayling; it is the same with every Lord Chancellor. He needs good legal advisers. I doubt that the Ministry of Justice is filled with lawyers who understand the constitutional subtleties,” he added.
However, “we have the system that we have” and “should keep the Lord Chancellor, provided that we keep him with a heavy department, and provided that he continues to hold by the oath of office that he takes”.
Turning to the role of the Attorney General, which had “assumed greater importance since the constitutional changes”, Lord Judge said: “The objective is to have an individual of impeccable moral courage. The function of the Attorney General is to tell the Prime Minister, the cabinet and for that matter the House of Commons, how he sees it, and that may be diametrically opposed to the views and wishes of those he is advising. So long as he retains this function, and is able to perform it, he is performing a crucial role in our constitution.”
He added that “the last 10 to 12 years or so rather demonstrates that there is no deep political understanding of the niceties of our constitution. I think that [the Lords Constitution Committee] has a heavy responsibility to ensure that someone, at any rate, is made alert to that”.
The committee plans to publish its report in the autumn.
I was reminded of how worried I was about the breadth of the statutory definition that would apply to anyone holding this office. I remain extremely concerned about it, but at least there is some limit...”
He continued: “I would be much happier if there was a statutory provision that required the Lord Chancellor and therefore the minister to have some legal qualification.”
Supporting mechanisms were also key. “A few years in practice at the Bar in the 1970s tells you very little about the constitutional difficulties, arrangements, dangers and so on that have overtaken your life when you come to be Lord Chancellor at the end of your political career.
That is not directed at Mr Grayling; it is the same with every Lord Chancellor. He needs good legal advisers. I doubt that the Ministry of Justice is filled with lawyers who understand the constitutional subtleties,” he added.
However, “we have the system that we have” and “should keep the Lord Chancellor, provided that we keep him with a heavy department, and provided that he continues to hold by the oath of office that he takes”.
Turning to the role of the Attorney General, which had “assumed greater importance since the constitutional changes”, Lord Judge said: “The objective is to have an individual of impeccable moral courage. The function of the Attorney General is to tell the Prime Minister, the cabinet and for that matter the House of Commons, how he sees it, and that may be diametrically opposed to the views and wishes of those he is advising. So long as he retains this function, and is able to perform it, he is performing a crucial role in our constitution.”
He added that “the last 10 to 12 years or so rather demonstrates that there is no deep political understanding of the niceties of our constitution. I think that [the Lords Constitution Committee] has a heavy responsibility to ensure that someone, at any rate, is made alert to that”.
The committee plans to publish its report in the autumn.
The Lords Constitution Committee has heard evidence from the former Lord Chief Justice on the Office of Lord Chancellor.
Lord Judge, who has worked with three Lord Chancellors and two Attorneys General during his time in office, told the Inquiry Committee: “I am quite prepared to tell you that when I heard that Mr Grayling was going to be the next Lord Chancellor, I rushed off to see whether he was qualified.
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Developing a tech start-up demands a different definition of excellence to the Bar, says Saara Idelbi. The co-creator of Advocatr on entrepreneurship, AI advocacy training, and matching the thrill of a killer cross-examination
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
