header-logo header-logo

02 August 2007
Issue: 7284 / Categories: Legal News , Constitutional law
printer mail-detail

MoJ creation bungled, say parliamentary committees

News

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.”

Issue: 7284 / Categories: Legal News , Constitutional law
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll