Tag Archives: Truss

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New Lord Chancellor David Lidington

On 11 June 2017 PM Theresa May in a post-election re-shuffle appointed David Lidington as Secretary of State for Justice and Lord Chancellor. He replaces Liz Truss,  who had herself been appointed by May in a post-election re-shuffle less than a year before.

Lidington is the fourth consecutive non-lawyer appointment- his predecessors were Liz Truss, Michael  Gove and Grayling (widely regarded as the worst Lord Chancellor ever).  Dominic Raab (courts and justice minister) Phillip Lee and Sam Gyimah ( junior ministers) complete the team.

This blog aims to monitor Lidington’s performance over his term of office.

Background

David Roy Lidington CBE PC (born 30 June 1956) has been MP for Aylesbury since 1992. He was Minister of State for Europe from May 2010 to July 2016, and Leader of the House of Commons.

He was educated at a public school, before studying history at Cambridge (appearing on University Challenge)

He was given a CBE in Cameron’s widely criticised resignation honours list.

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Expenses scandal In May 2009, it was revealed Lidington had claimed £1,300 on expenses for dry cleaning. He also claimed for toothpaste, shower gel, body spray, vitamin supplements and a second home allowance. He repaid the claims for toiletries, saying: “I accept that many people would see them as over-generous.”  So although he eventually came clean you paid for his soap .

Record in Parliament pre-appointment  (Justice issues)

Lidington voted in favour of repealing the Human Rights Act,  restricting the scope of legal aid and limiting fees paid to solicitors in no-win no-fee cases. The “they-work-for-you” website says Lidington generally voted against equal gay rights, and his record on cutting legal aid is here.

Challenges Ahead

The new Lord Chancellor was sworn in on 19 June.  In the in-tray:-

Read an open letter to Lord Chancellor from Joshua Rozenberg

-sort out the prison crisis-read these recommendations from the Howard League

 

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Lord Chancellor Liz Truss-a Review of her Term of Office

On 14th July 2016 incoming Prime Minister Theresa May  appointed Liz Truss as the new Secretary of State for Justice (also known as Lord Chancellor).

She lasted less than a year, being demoted by May on 11th June in the re-shuffle that followed the “mandate” election.

Truss took over from Michael Gove,  sacked for his disloyalty and failed leadership bid rather than his performance in post (Gove had replaced the hopeless and reviled Chris Grayling, widely believed to have been the worst Lord Chancellor in living memory)

Truss was the third consecutive non-lawyer to be appointed to the post. Did  that matter? Read the Secret Barrister blog.

This blog reviews Truss’  time in office.

Background-Pre-Justice Secretary

Truss was previously at DEFRA, and perhaps best known for her widely ridiculed Conservative Party conference speech about French cheese and British Pork (footage enjoyed on this clip from Have I Got News For You )  This was followed another much ridiculed Conference speech (October 2015) when she called for a return to “giving animals their proper names”

She co-authored a book (“Brittania unchained“) which accused British workers of laziness :”The British are among the worst idlers in the world. We work among the lowest hours, we retire early and our productivity is poor. Whereas Indian children aspire to be doctors or businessmen, the British are more interested in football and pop music.

Critics who have attempted to engage with her, (according to George Monbiot in The Guardian) have said she is “indissolubly wedded to a set of theories about how the world should be, that are impervious to argument, facts or experience.”

Background

Born: 26 July 1975, in Paisley, Renfrewshire
Constituency: MP for South West Norfolk since 2010
University: read PPE at Merton
Before politics: 10 years as a management accountant, economics director at Cable & Wireless; deputy director of Reform (education think tank)

Truss and Criminal Justice (pre-appointment)

Truss was a member of the Justice Select Committee between March 2011 and November 2012, but apparently only ever spoke about justice issues three times in parliament,one of which was to strongly support cutting the legal aid budget.

On Home Affairs she consistently voted for a stricter asylum system and stronger enforcement of immigration rules; for the introduction of Police & Crime Commissioners, and for requiring the mass retention of information about communications.  She spoke several times during the committee stages of LASPO (transcripts here)

Comments and initial reaction on her Appointment 

There was initially mixed disappointment and scepticism from legal aid lawyers, largely due to Truss’ record of continuously voting for Legal Aid cuts.  Her priority should have been to sort out and protect Legal Aid, said the All-Party Parliamentary Group on Legal Aid, as reported here in the Solicitors Journal. Concerns were also raised about her views on prisons (eg here in the Justice Gap, July 2016)

Lord Faulks,  justice minister under her two predecessors, resigned his post because he felt that the inexperience of Truss  could  put at risk the standing of the judiciary and courts.  Anna Soubry QC turned down post of No. 2 to Truss (according to this piece in Legal Cheek)

Much of the commentary focussed on Truss’ gender, and her being supposedly the first female Lord Chancellor, but critics of Truss denied misogyny ( eg Lord Falconer here in the Guardian)

Lord Pannick pointed out that contrary to some reports she is not the first female Lord Chancellor – that was Eleanor of Provence, who filled in for her husband Henry III in 1253.  He added that at the time “there was probably a 13th-Century Lord Falconer complaining Eleanor hadn’t been trained as a lawyer”.  

The CLSA released a statement welcoming her appointment.

Peter Oborne writing for the Mail on Sunday had this observation:-

I greatly enjoyed seeing Ms Liz Truss, the new Lord Chancellor, in her majestic Tudor-style robes of office, redolent of old England, tradition and deference.

It is amusing to recall Ms Truss’s radical anti-Monarchy speech to the Liberal Democrat conference in 1994 (she was once on the national executive committee of that party’s youth and student wing) when she proclaimed: ‘We do not believe people are born to rule.’ Her target was the Queen. 

She found out soon afterwards that Oxford graduates in Philosophy, Politics and Economics, such as herself, are indeed born to rule, and it doesn’t much matter which party they are in.  I’m sure she’ll enjoy the many conversations with Her Majesty she’ll now have, thanks to her new high office”

First days in post

The Annual HM Inspector Of Prisons report was published (19 July) and once again showed a prison service in crisis- violent, over-crowded and full of drugs with few opportunities of rehabilitation. Truss response below:-



On 21st July Truss got to dress up in black and gold robes, and was sworn-in as Lord Chancellor. The ceremony can be viewed on this YouTube clip.

 

 

First Three  Months

After a long  pause to master the brief, Truss gave her first interviews and indicated she was planning to introduce a Bill of Rights. No such bill was introduced.  It was initially unclear whether we would be keeping or scrapping the Human Rights Act.

Truss also indicated the Government would not be proceeding with “Problem Solving Courts” (previously announced by Gove) although it was later clarified she actually meant they were still considering them, and a week later confirmed the Government were in fact proceeding with them.

After a Summer break, Truss attended a meeting of the Justice select Committee, (07 September) where to the astonishment of all those attending or following, she could not confirm any planned legislation, merely saying everything was under review (Guardian report here ) Private Eye was also unimpressed:

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On 03 October Truss was all trussed up again in robes, together with a “train bearer”,  to attend her first “Opening of the Legal Year” service. Her speech here.

On 04 October Truss gave her first Conference speech as Lord Chancellor. It was a more assured performance than the infamous “cheese speech” (see above) but failed to mention Legal Aid or Access to Justice. She spoke of prison reform, announcing £14 million additional investment (although it turned out this was funding already announced by Gove). She did not acknowledge the then topical high suicide rate in prisons, but promised that “ex-soldiers” would be recruited as prison officers.  The rest of the speech was a series of platitudes. In. Very. Short. Sentences. Text  here.  Quentin Letts’ summary “How could so jellyfish and unformed a political personality have been made lord chancellor? I have known ping-pong  bats less wooden, CBeebies presenters more statesmanlike.”

November-Failure to Defend the Judiciary

On 03 November, the High Court ruled in the case of Miller that Brexit via article 50 should require a vote in Parliament. In an outpouring of outrage in the tabloids there was open hostility to the judges who were described on one front page as “enemies of the people” The LC, whose oath of office is to uphold and defend the Independence of the Judiciary, would be expected to speak up in defence of the rule of law. Instead, for a long period, silence. #WheresLizTruss?  was trending on twitter. Read more here. Then, belatedly a half-hearted statement as reported here.  Criticism continued to grow, with an attack by some Tory MPs, as well as lawyers (see this summary as reported in the Guardian)

Truss later managed a half-apology, but the criticism never really died away and (in March 2017) the Lord Chief Justice piled in  here.

Prisons Crisis

The effects of the drastic cuts implemented by Grayling led to a crisis which continued to escalate during Truss’ term of  office. There was an escalation of assaults on prison staff, suicide and self-harm of prisoners,  a “strike” by officers, violence, drugs, escapes and riots. How did Truss cope? Poorly is the general consensus – see eg here

PI Reform

Truss achieved better headlines for her “crack-down” on whiplash claims. But these “reforms” , badged as reducing insurance premiums supposedly over-inflated by dodgy claims and the “compensation culture” will in fact not help consumers, but harm those suffering genuine injury, and offer a bumper pay-out for insurance companies. See this article for the detail.

Six months In 

In December Truss appeared in the Commons to announce that “barking dogs” would tackle the problem of drones being used to courier drug deliveries. Seriously. Read this article and play the clip where Truss announces this (to laughter). Could they? See the Guardian Pass Notes

Happy Christmas!

Liz Truss extended a special message to hedgehogs. Happy Christmas hedgehogs!

2017

Februaryslammed by lawyers following another “car-crash” TV Interview

First bill  (23 February 2017) – the Prisons and Courts Bill (2017)  covering four main areas:-

1 Prison safety and reform –  described as a “new framework and clear system of accountability for prisons”  It will “enshrine into law ” that a key purpose of prison is to reform and rehabilitate
2 Court reform: -another commitment to victims and the most vulnerable, as well as improving the system by digitisation. (But see here for critical commentary)
3 The judiciary – a better working environment for judges,  modern court facilities + better IT
4 Whiplash compensation – new fixed tariffs capping whiplash compensation pay-outs

The bill has not yet been enacted.

April By April, Truss appeared out of her depth, and reports indicated she does not have the confidence of the Judiciary OR cabinet colleagues.

See this  summary of her tenure, by Frances Crook (Howard League) . Meanwhile, with the election called, pundits predicted she would not last a full year -see eg this Legal Cheek piece by Joshua Rosenberg They were right.

May-June and the General Election Truss was largely absent for most of the General election campaign. But she did visit Wibsey! 

Goodbye Truss, hello David Lidington 

So Truss has left the full cabinet by being demoted to first secretary to the treasury, replaced by David Lidington. Lidington is the 3rd new lord chancellor in little more than two years. It used to be a job that the recipient would fulfil for a decade. He is also the fourth consecutive non-lawyer to have held the post. Read more about Lidington here.

Conclusion

If Truss had showed even half the enthusiasm for justice that she has for cheese, she could have really made her mark in an area crying out for reform. As it is, Truss lasted just 11 months in the job, the shortest tenure since the post was created, and has now been demoted.

Truss was not the worst Lord Chancellor in recent time (Grayling set a high standard  for that) but she fell far short of what was required. She never appeared to be on top of her brief, abjectly failed to tackle the prison crisis, failed to stand up for the Judiciary, and does not appear to have a solitary positive achievement she can point to from her term of office. 

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LCCSA Outgoing President Speech November 2016

Welcome to the LCCSA AGM!

President’s speech 07/11/16

I woke this morning to the exciting news on my radio that we are about to experience the most important Presidential election ever. They were saying that whatever the result the current outgoing President was highly regarded, and far more popular than a likely successor.
Imagine my disappointment on realising they were talking about tomorrow’s US Presidential election, and not this evening’s LCCSA AGM and election of our new President…

It has been a funny year-a new PM, a new Lord Chancellor, BCM and “Pressure to plead Hearings, Brexit, killer clowns, and Donald Trump.

But for me, It has been an amazing year and enormous privilege to be LCCSA President.
It was a bit daunting….
The President was meant to be the then VP, but with a WEEK TO GO he bailed out, and (in the absence of anyone else) I was parachuted in.
My immediate predecessor was Jon Black.
I had to prise the presidential medallion from him, chest hairs still attached. Now I feel the same sense of ownership of the Presidential medallion, which exerts a command like the ring over a Hobbit.

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Equally “precious” and hard to relinquish is the Presidential cigar box, although I am disappointed to say when my successor opens it, he will find only a note saying “sorry-I smoked all the cigars
The Constitution said the outgoing president has to stay on for a further year. Thank goodness! Jon’s hard work over the last year has been an enormous help. Thank you Jon (below,as Pres)

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I have also been hugely helped and supported by Jenny Wiltshire as VP, who stays on as VP for another year- thank you Jenny. (Pictured above, LCCSA Conference, Ghent)

First the sad news-
We are losing from the committee one of the key officers, loyal to the LCCSA and lovely to work with, and who took on the role of Law Reform Officer and reformed it.
There are innumerable consultations and reforms, too many for you to respond to, so this association does so on your behalf. When i say association, I mean….TONY

imageToast to Tony Meisels

The good news -we are retaining all of our co-opted senior statesman-Steve Bird, Ray Shaw, Malcolm Duxbury and Paul Harris, and joining them is Jon Black, who deals with the CLSA.
Last year we made Paul Harris an award of Honorary Life Membership.
This year we also feel compelled to reward onother of our former presidents an award, for staying on the committee and being supportive. Raymond Shaw
TOAST RAY SHAW
Rakesh Bhasin remains in post as our treasurer having kept us solvent, Mark Troman our secretary, Diana remains training officer.

And Congratulations members-tonight you have just elected a BRILLIANT COMMITTEE
And best of all we have as incoming president- Greg Powell.
Those of you who voted through the new constitution without reading it may not have realised the change that any future Pres has to be called Greg.
I don’t know whether Greg Stewart will be feeling pleased or anxious….

All of the committee bring their ideas and enthusiasm, many contribute significant amounts of time. I salute you all. (Pictured below, committee dinner, January 20160

img_4052Toast- the LCCSA committee

President.
I had very little time to prepare for the role.
It took a while to get used to the idea.
Mrs F, however quickly become adjusted to the idea of being a president’s wife. It basically meant extra work for her when I was absent on LCCSA business. There is no recognition or reward for being the wife of a President, but she took that on without complaint, has never been anything other than supportive, and, being grounded, has reigned in some of my crazier ideas.
Those of you who know her know she is brilliant, and those who know us both know that she really is my better half.
Now she realises that my Presidency is over and we can spend more time together, she may be the only person wishing I had stayed on for another year.
Toast-the ex-President’s wife

It seems like only yesterday I was starting my criminal career at EFBW.
Heavyweight lawyers, Nigel Dean (now DJ Dean) John Lafferty (now HHJ) and LCCSA legend Paul Harris
And Howard Riddle.
HR was senior partner when I started my articles.
He taught us several important lessons and gave extremely helpful Advocacy tips.
Of course, back then we practised in a fully adversarial justice system, much of which has been eroded and sacrificed on the bonfire of expedience and speedy summary hearings. I don’t know who to blame for that…
Anyway, as you know Howard became a stipendiary Magistrate, and ended up as the “Chief Magistrate”, and throughout has remained a member of and friend to this Association. I am delighted that he has agreed to be our guest speaker tonight, and welcome him and Hilary to our AGM Dinner.
Speaking of advocacy, last year I spoke of a report then just published which criticised the experiences of non-lawyer participants at the Crown Court, making reference to the alienation of seeing barristers swishing about in gowns and wigs.
i had a bit of fun with that, and tried on a series of wigs to see what difference they may make…

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When this came out, a spirited defence of wiggery was then made by some at the bar- “dignity of the court” and “providing anonymity”.
I was told the wig “protects the identity of the advocate”

Really?!

Not much of a disguise is it?!
Imagine cross examining on ID in a case where the alleged robber was concealed only by a horsehair wig with curls!

Why stop at a wig to avoid recognition?
Why not wear a full mask?
How about -to be really contemporary-a Donald Trump mask, or even a “killer clown”mask?

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Killer Clowns-scary but comical, a bit tragic. Come to think of it, very definition of Chris Grayling.

Alternatively, if a mask is going too far and we stick to a wig, how about something more contemporary-a Donald Trump wig perhaps?

I’m just teasing our friends at the bar.
We have many friends at the crim bar, and I have enjoyed working with the CBA. It is so important that the two sides of the profession are united in tackling our current challenges.

We have had in the last year great support from certain chambers, and particularly 25 Bedford Row, 5 St.Andrews Hil, and Doughty st.

We have worked with the Justice Alliance and the CLFS.

We also thank Thomson Reuters for sponsoring tonight. LCCSA members are eligible for discounted copies of Archbold.

Toast: Friends of the Association

Review of the last year:-

In January we defeated Grayling’s two tier proposals
I met the Lord Chief Justice (wearing a Christmas jumper)
We are engaged in a War on touts, and busy Ghost-busting.
We had a great Autumn Conference in Ghent.

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We relaunched the London Advocate in digital format.

And, within the last month, we had an LCCSA victory on the “embarrassment clause” (forcing the LAA to rethink clause 2.2 aka the “gagging clause”. We were the only practitioner group named in the action that led to this, and can be rightly proud that we did not shy away from taking the fight directly to them.
(A full review of the year is in my President’s report, published on the LCCSA website)

Unfinished business
The postponed cut has not gone away-it was only postponed (to March)
We have to persuade the MoJ to abandon it, and we have to be ready to act if they do not.
And we will be ready.

We now have the measure of Liz Truss.
When our Senior Judges came under political and polemical attack, the lord Chancellor, whose oath of office is to support the independent Judiciary, has been found wanting.
Our association condemns the tabloid and political attacks on justice, and castigates the Secretary of State for Justice for her failure to swiftly support due process and the Rule of Law.

Well we have news for Liz Truss.
We are not gagged or trussed, and we will fight fearlessly for justice, for legal aid and for our member’s interests.

We are not the “Big Firms Group” or a small firms group, we are an accountable and united members group. You are the members. We are the LCCSA.

Conclusion
It has been a challenging but enjoyable year. have survived it only thanks to enormous help from a supportive and hard-working committee, whom I am proud to know as colleagues and happy to think of as friends.
Long live the Association

Members, thank you all for coming.
With your help and support the LCCSA has a strong future.
Final toast -the LCCSA

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Above-current ID card.                                               Above -LCCSA ID card circa 1989