England: Chris Grayling severely rebuked by former lord chancellor

Delivering the 2015 Bentham Lecture in London,Lord Falconer of Thoroton (pictured) said Chris Grayling has allowed a break-down in his relationship with judges which he said was deeply disturbing.

Rather than being judges’ ally within government Lord Falconer said he has alienated them.

The judiciary and ministers have clashed over a number of issues recently including plans for narrowing the scope of judicial review and increases of up to 600 per cent in civil court fees.

However, Lord Falconer acknowledged that the role of lord chancellor is not to “merely act as a lobbyist for the legal sector” and that there was a balance to be achieved.

But, in striking that balance Lord Falconer said the lord chancellor should establish a “constructive and working relationship with the judiciary”.

He added the lord chancellor’s loyalty was to the rule of law and that this should be apparent when the government undermines it.

“A more robust lord chancellor should be opposing such measures ,” he added.

Lord Falconer also said he thought it was no longer necessary for the lord chancellor to be a lawyer but disagreed with Mr Grayling that there was a “positive benefit” in not being a lawyer.

He said: “Respect for and appreciation of the law and the rule of law embedded through training and practice would embolden the office holder.”

But he added that, more important than legal training, is that “the position of lord chancellor requires an individual with personal qualities to stand up for the rule of law and, at times, act outside collective responsibility as the role permits and sometimes demands”.

Lord Falconer added it was time to revisit the Constitutional Reform Act which altered the role of lord chancellor and brought an end to his role as head of the judiciary.

Prior to the reforms, holder of the officer “were figures of considerable weight, ensuring the judiciary had a voice around the cabinet table.”

These figures include Lord Mackay of Clashfern - who was also a former dean of the Faculty of Advocates and lord advocate - and Lord Irvine of Lairg, Lord Falconer’s predecessor.

He said that that role included upholding the rule of law against the executive.

Where the lord chancellor failed to do this he had failed in his role.

Lord Falconer said: “Under this lord chancellor, the executive lacks a voice standing up for the judiciary and the rule of law.”

Mr Grayling has argued the justice system cannot be exempted from the austerity measures.

He has also said that despite reduction in legal aid and the restriction in the scope of judicial review, those who need it still have access to justice and that increased court fees do not affect 90 per cent of claims.