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26 July 2007 / Michael Zander KC
Issue: 7283 / Categories: Features , Profession
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Botched job

Why was the creation of the Ministry of Justice railroaded through? asks Professor Michael Zander QC

The establishment of the Ministry of Justice was another botched job reminiscent of the shambles over the attempt in 2003 to abolish the office of lord chancellor. That both the lord chief justice, Lord Phillips, and the lord chancellor, Lord Falconer, say that they first learnt of the plan from an article in The Sunday Telegraph (21 January 2007) is startling. That the new ministry opened for business before fundamental constitutional issues between the judiciary and the executive had been sorted out is an outright scandal.

It seems that the project was the brainchild of John Reid, who wanted to get rid of the Home Office’s most vexing responsibility—prisons and probation. As Lord Phillips, in his evidence to the Commons Constitutional Affairs Committee, said:

“The impetus for the decision was an anxiety on the part of the Home Secretary to clear the decks so that he could really make a concerted attack on terrorism. It was not a decision that was taken because it would be an extremely

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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
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