Judges demand new ministry review

12 April 2012

Senior judges have levelled unprecedented criticism at ministers over the controversial new Ministry of Justice.

The most senior judge in England and Wales revealed the judiciary had failed to reach agreement with the Lord Chancellor over their concerns surrounding the new ministry, and called for a "fundamental review".

The Lord Chief Justice, Lord Phillips of Worth Matravers, told MPs that the department had been the brainchild of Home Secretary John Reid without a thought for its wider implications.

"The impetus of this position was anxiety on the part of the Home Secretary to clear the decks so that he could make a concerted attack on terrorism," said Lord Phillips.

"It was not a decision taken because it was thought that it was a very good idea to have a Ministry of Justice."

The Lord Chief Justice denied the current situation was a constitutional crisis, but described it as a "constitutional problem".

After judges raised concerns such as protecting court funding and judicial independence, it had proved impossible to strike a deal under parameters set out by the Government, he said.

"It became very apparent to my negotiating team that it was not going to be possible to reach an agreement within these parameters," he told the all-party Constitutional Affairs Select Committee.

"We have now reached the firm view that there is a need to have a fundamental review of the position in light of the creation of the Ministry of Justice."

The new ministry took on responsibility for prisons, probation and sentencing policy from the Home Office on May 9.

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