MoJ creation bungled, say parliamentary committees

The government’s creation of the Ministry of Justice (MoJ) was bungled, with the lord chief justice being introduced to the idea via the press, according to two Parliamentary committee reports.

The reports by the House of Lords Constitution Committee (HLCC) and the House of Commons Constitutional Affairs Committee (HCCAC) attack the government for failing to acknowledge that the creation of the MoJ has significant constitutional implications (see this issue pp 1100–01).
The HLCC says the lord chancellor has a duty to ensure ministers do not impugn individual judges and to reprimand those who do overstep the mark. The committee argues that in this first test of the new relationship “it is clear that there was a systemic failure”.

The committee wants the Ministerial Code revised to include guidelines governing public comment by ministers on individual judges. It also suggests measures to help keep the media at bay including more use of press releases explaining judges’ decisions. It calls for the Judicial Communications Office to appoint spokesmen to brief the press.
HLCC chairman Lord Holme says: “The independence of the judiciary needs to be protected from populist politicians pandering to the prejudices of tabloid editors.”

HCCAC chairman Alan Beith MP says: “The government has manifestly underestimated the significance of the changes they were making. We have been left with a highly regrettable conflict between our senior judges and the minister who is statutory guardian of their independence, which could and should have been avoided.”