*/
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.
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Fear of the collection and test process is a common factor among clients, especially among vulnerable adults in complex family law cases. Cansford Laboratories shares some tips to help the testing process run as smoothly as possible
Casey Randall explains how complex relationship DNA tests can best be used – and interpreted – by counsel
Casey Randall, Head of DNA at AlphaBiolabs, explores what barristers need to know about DNA testing for immigration, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications
Julian Morgan reminds barristers of the top five areas to consider before 5 April
Barristers are particularly at risk of burnout because of the nature of our work and our approach to it but it doesnt have to be this way. Jade Bucklow explores how culture, work and lifestyle changes can rejuvinate our mental health...
The case ofR v Brecanihas complicated matters for defence lawyers. Emma Fielding talks to gang culture expert, Dr Simon Harding about County Lines, exploitation and modern slavery
If the Bar cannot define and prohibit bullying behaviour, what chance do we have of persuading the Judiciary to do so? Darren Howe QC and Professor Jo Delahunty QC's call to action on codification plus suggested strategies for dealing with bullying from the Bar and Bench
The Schools Consent Project (SCP) is educating tens of thousands of teenagers about the law around consent to challenge and change what is now endemic behaviour. Here, its founder, barrister Kate Parker talks to Chris Henley QC about SCPs work and its association with Jodie Comers West End playPrima Facie, in which she plays a criminal barrister who is sexually assaulted
Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment inR v Daniels By Abigail Bright