Following the Conservative election victory on 07 May 2015, Cameron replaced Chris Grayling as Justice Secretary with Michael Gove. This blog reflects on his progress in that post.
Pre Justice Secretary
Gove was previously Education secretary, attracting controversy and unpopularity in equal measure. A review by Ian Leslie of Gove’s successes and failures , together with his challenges ahead as Justice secretary, was published here in the New Statesman.
He has consistently championed cutting public expenditure, other than his own (the extent of his expenses-guzzling outlined in the Telegraph here.)
Comments on his appointment
A cautious welcome and “improvement on his predecessor” said Jerry Hayes (barrister and former Tory MP)
An assessment and initial analysis in this article in Legal Voice
A piece by Tom Smith (writing for the Justice Gap) looked at the ongoing battle with criminal legal aid contracting and asked whether the approach to Gove should be Conciliation or revolution?
There is certainly nothing conciliatory in Frankie Boyle’s description of Gove as a tree-frog escaping a scrotum…
A website with opportunity to slap Michael Gove was launched and continues to attract regular hits (have a go viaThis link.)
He identified the problem, but not the cause of the problem, making no mention of the Legal Aid cuts which led to two-tier justice. He also failed to identify the solution (proper funding) , instead preferring to focus on “improved technology and increased digitalisation” and the notion that there might be more “pro-bono” work from better-paid commercial lawyers who may want to dabble in social justice.
Gove and Prison Reform
Gove was a huge improvement on his predecessor, apparently wanting to take a constructive approach to a prison service in crisis. Eventually there were reforms set out in Queen’s speech (May 2016) but lacking the investment needed to really tackle the problems. He had however already overturned Grayling’s ridiculed and unlawful prison book ban.
Gove and Legal Aid
Gove initially appeared set on implementing further cuts to Legal Aid, albeit by continuing with the proposals of his disastrous predecessor Grayling. He declined to cancel the 8.75% cut which came into effect on 1st July, leading to a series of firms refusing to act in what was to all intents and purposes a Legal Aid Strike. Jack of Kent summarised the issues in his excellent blog “Gove and the Lawyers revolt.”
After several weeks of the Criminal Lawyer’s strike, the representative bodies (LCCSA and CLSA) were invited to meet Gove- a step forward from Grayling. Further talks with MoJ were offered, and action was suspended as a “goodwill gesture”. Finally, the offer from Gove was communicated in September- a suspension of the latest 8.75% cut for three months, from January 2016. Tendering proceeded for “two-tier” contracts, and contract awards were made -but on a flawed basis. Unsuccessful bidders launched legal actions (for outcome, see “ending two-tier” below)
In the meantime….
Gove squandered taxpayers cash on empty Courts, with Courts closed to save money, but many remaining unsold (reported in the daily Mirror.)
MOJ and the Saudi contract
Goves efforts to extricate the MOJ from Graylings ill-judged commercial contracts with a despotic regime are explained here in an article by Jack of Kent.
A Poem for Mr Gove (published on National Poetry Day last year)
Gove’s Visit to Highbury Court
In January 2016 the Lord Chancellor visited Highbury Corner Magistrates Court, with an army of civil servants and advisers. He visited the Advice Service based at that Court, and every department but met no representative of the Defence Advocates. I attempted to engage him, and was able to present him with a letter offering to meet:-
I was advised that Mr Gove was indeed willing to meet a representative of the London Defence Community, for an informal constructive chat, and his advisers would set up a meeting as soon as possible. We are still waiting
Ending Two-tier contracting!
In January 2016 Gove finally abandoned Grayling’s plans for a two-tier justice system with this announcement. This was welcomed by most solicitors (see eg LCCSA comment) Detail and comment in this piece in Solicitors Journal.
Gove and Grayling
Cancelling two tier, ending the prisoner book ban and Saudi contract (above) and the Criminal Court Charge, meant that at least six of Grayling’s main policy disasters were now overturned. Read this useful summary of the top 6 reversals -within six months! Gove 6, Grayling 0
Missing in Action: Gove and Brexit
In February, Gove came out (in this Spectator Article) as a key cheerleader for the “Leave” campaign in the proposed referendum. For the next four months he was never out of the news- usually alongside Boris- as that toxic campaign rumbled on. I do not intend to include Brexit in this blog- suffice to say that tumbleweed blew around the MOJ offices, and most legal aid lawyers were just relieved to be left alone in peace and quiet, as were Human Rights lawyers (see below)
Gove and Human Rights
Abolishing the Human Rights Act was seen by some commentators as both the most urgent and most difficult task in Gove’s in-tray (see eg this analysis by Joshua Rozenberg) In practice, Gove (sensibly) did absolutely nothing about it.
The Gove Committee
During his period of MOJ abstinence Lawyers received the news about the “advisory committee” that Gove had promised in January (above) – but not from Mr Gove or even the MOJ – but from the apparent chair, Gove’s friend Gary Bell QC (aka “The legalizer“) in this article (TLS Gazette 24/05/16) Mr Bell appeared to have selected members of the Bar-dominated committee himself, comprising friends, colleagues and an instructing solicitor, leading the Law Society to question the diversity of the panel. Read more about Bell (and his controversial views on Solicitor-Advocates) here.
Gove is married to DailyMail journalist Sarah Vine, a glimpse into their relationship is offered by an email from her to Gove that was accidentally sent to the wrong address and then published, as described here (Guardian, 29/06/16). See also her account of the day after Brexit as Reported in the Daily Mail on the same day.
On 30 June Gove announced he was standing as a candidate to be the Conservative Party Leader (and therefore if successful, Prime Minister) . It is not immediately clear whether he is resigning as Justice Secretary.
Gove deserves two cheers, one for leaving human rights and legal aid alone, and another for positive noises on prison rehabilitation. Whether those noises amount to genuine reform is doubtful – see this analysis (in “the Justice Gap”)
Confounding expectations, Michael Gove was a better Justice Secretary than most criminal lawyers or legal aid lawyers could have hoped for, although largely because he was an improvement on Grayling, which was a low threshold.
Any acclaim due arises largely as he spent the first half of his tenure undoing the damage inflicted by his predecessor and the second half doing very little.
Lawyers wait with apprehension to see who his successor may be.
Below- an effigy of Mr Gove making an appearance at a Save UK Justice rally, January 2016