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Tuesday, 9 January 2018

Welcome to Hogwarts - our new Justice Secretary

One thing which can always be predicted in any Cabinet Reshuffle is that we will have a new Justice Secretary/Lord Chancellor. It is like the first day of every year at Hogwarts when Dumbledore introduces the new Defence Against Dark Arts Teacher. The belief is that the job was jinxed by Lord Voldemort. Could there be a link??

But, for better for worse, we now have details of the latest bearer of the chalice. It is David Gauke, MP for South West Hertfordshire. The most sensational feature of his appointment is that he is a Lawyer, the first since Ken Clarke in 2012. This should at least mean that he will have an understanding of the role of the Lord Chancellor in defending the independence of the judiciary – particularly in the face of attacks from the Daily Mail –

He might even have some insight into the practice of law, albeit from a limited perspective.

Mr Gauke trained at City firm, Richards Butler and qualified in 1997. He then moved the Macfarlanes and was there from 1999 until he entered Parliament in 2005.  He first stood for election in 2001. So working in the law has never been a major part of his career path. But at least he has some knowledge of the legal world.

His voting record is not encouraging when we come to Access to Justice. According to They Work for You - 'David Gauke generally voted for restricting the scope of legal aid' -

He has generally voted against laws to promote equality and human rights, supported the bedroom tax, reductions in welfare spending and mass surveillance. In 2014 he defended the growth in the number of food banks, saying that they did a valuable job and that he was proud that the government signposted people to them –

So, we cannot expect a champion of the rights or ordinary people.

Will he last until a new Hogwarts year? Will the government last that long?

As things stand we should probably assume both. I foresee many battles ahead and do not hold out any great hope for huge changes in broadening access to justice this side of a General Election. 

But let us at least hope that he will take his constitutional role more seriously than some of his predecessors. 

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