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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
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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