Tag: FOIs

Government criticised for lack of diversity, lack of transparency and poor fiscal management

Image result for scrutiny of government

The Institute For Government (IFG) published their annual Whitehall Monitor Report on Thursday, presenting an insight and analysis of the size, shape and performance of government and the civil service.

In the opening paragraph, the IFG say: “The Prime Minister Theresa May lost her parliamentary majority in a snap general election. Revelations about ministers’ inappropriate conduct resulted in three Cabinet resignations. Preparations for Brexit have been disrupted by the snap election, by turnover in personnel and by difficulties in parliamentary management. The Government faces challenges in key public services, notably hospitals, prisons and adult social care.

It was noted in the report that preparations for Brexit have been disrupted by “difficulties in parliamentary management”. The Government has introduced only five of the nine new bills it says are needed for Brexit, and a third of the Government’s major projects worth over £1bn are at risk of not being delivered on time and on budget.

This Whitehall Monitor annual report – which is the fifth – summarises:

  • The political situation following the early election constrained the Prime Minister’s political authority and created challenges for the Government’s legislative programme and management of public services, major projects and Brexit.
  • The civil service is growing, in terms of size, but should be more diverse.
  • Government is less open than it was after 2010, and is not using data as effectively as it should.

I’ve used the summary to shape my analysis.

Fiscal management

The forecasts for tax revenues have been downgraded, the Government also forgoes billions of pounds through tax expenditures that are not subject to rigorous value-for-money assessments.

Since 2010, the value of liabilities on the government’s balance sheet has grown more quickly than the value of assets, increasing net liabilities. Furthermore, “revenue is not likely to overtake spending, in the foreseeable future”. 

Despite the promises from George Osborne of a budget surplus by 2020, and his fiscal straitjacket – the imposed, rigid programme of spending cuts and austerity for the majority of citizens, and tax cuts to the wealthiest ones. 

In real terms, revenues from taxes have grown 7% since 2010/11. This is largely the result of:

  • VAT receipts increasing by 22% (partly due to the standard VAT rate increasing from 17.5% to 20% in 2011)
  • National Insurance contributions increasing by 11%
  • Some increases in income tax collected following a stabilisation following the global crash

Council tax is also included in Treasury revenue, and that will have risen, since many low paid or out of work people now pay a contribution, whereas previously, they were exempt. Despite the increases in VAT, revenue from the sale of goods and services has fallen 34% since 2010/11. 

For the 2017 Autumn Budget, the Office for Budget Responsibility (OBR) downgraded its forecasts for productivity growth. This, in turn, has resulted in the outlook for Government revenue being revised downwards.

Tax expenditures cost £135bn per year. Tax expenditures are tax discounts or exemptions that “further the policy aims of government”. The total sum of all forgone revenue from tax expenditures across income tax, National Insurance contributions, VAT, corporation tax, excise duties, capital gains tax and inheritance tax was £135bn in 2015/16. This is equal to a quarter of the total central government tax revenue in that year, and is larger than the total budgets of all but two departments (Department for Work and Pensions and Department of Health).

For capital gains tax, the cost of tax expenditures was more than four times the amount of revenue collected

This certainly provides a strong indication of the government’s policy and budget priorities, making a mockery of trite sloganised claims of “a country that works for everyone”. Some social groups clearly raise rather more hidden political costs than others, but it is only disadvantaged and marginalised groups that tend to be negatively ideologically portrayed as a “burden” on the state by Conservatives and the media. 

In the 2017 Autumn Budget, the Chancellor announced new stamp duty reliefs for first time buyers purchasing properties worth under £500,000. Due to the policy being specifically targeted at first time buyers, this policy resembles a tax expenditure, and in 2018/19 (its first full year) is expected to cost £560m.

Furthermore, the National Audit Office has reported that the Treasury does not monitor tax expenditures and assess the value for money they offer with the same rigour as it does general expenditure. The Institute for Government, along with the Chartered Institute of Taxation and the Institute for Fiscal Studies, has called for the tax reliefs that most closely resemble spending measures to be treated as spending for accountability and scrutiny purposes.

Net government liabilities are now over £2 trillion. The Whitehall Monitor report says: “The Government’s net liability has implications for future generations of taxpayers, who will bear the costs of meeting these obligations, but the long-term nature of such obligations can make discussions around the government balance sheet seem more remote than the immediate choices about how much departments should spend each year.

“Nonetheless, policy choices have important implications for the Government’s liabilities – for example, the decisions taken by the Coalition Government to increase the state pension age, and to set a triple lock that guarantees annual increases of at least 2.5% in the state pension, are likely to have contrasting effects on the size of the state pension liability.”

The report goes on to say: “But the Government has made commitments to voters on public services, productivity, social mobility and major projects. If it fails to meet their expectations, it risks further undermining confidence in government.”

The government is still not transparent about its spending plans. The report says that “Better data is needed to understand the benefits – and risks – of outsourced public services”. 

“Wider government contracting includes back-office outsourcing by departments and the purchase of goods they use in the delivery of public services (e.g. paper, energy), as well as privately run public services. In 2015/16, £192bn was spent by government on goods and services, of which £70bn was spent by local government, £65bn by the NHS and £9bn by public corporations, with central government departments and other public bodies accounting for the remaining £49bn. 

“While some contract data is published, the Institute for Government and Spend Network have previously highlighted gaps in transparency – including on contractual terms, performance and the supply chains of third-party service providers.

“The Information Commissioner has said that the public should have the same right to know about public services whether the service is provided directly by government or by an outsourced provider”. [My emphasis]

The IFG also say in their report: “In 2016, the Public Accounts Committee concluded that the outsourcing of health disability assessments at DWP had resulted in claimants ‘not receiving an acceptable level of service from contractors’, while costs per assessment had increased significantly. [My emphasis. Some 10% of the budget for the Department for Work and Pensions goes to private contractors.]

“Similarly, in 2013 MoJ [Ministry of Justice] found that it had been overbilled in relation to contracts worth £722m.”

There have been numerous high-profile failings in government outsourcing. The recent collapse of Carillion highlights many of the longstanding and existing issues, and should encourage a political focus on solving them.

The report continues: “There is no centrally collected data outlining the scope, cost and quality of contracted public services across government. Nonetheless, we know that Whitehall departments account for only a portion of outsourced service delivery, which can also happen further downstream after departments have provided funds to public bodies (for example, the purchasing of services from GPs by the NHS) or local authorities.”

The next section of the report outlines the 2016–17 parliamentary session, in which 24 government bills were passed – fewer than in any session under the 2010–15 Coalition Government. In part, this reflects the curtailed session, which ended with the dissolution of Parliament on 3 May ahead of the election in early June. The report goes on to say that 1,097 pages of legislation – 38% of all pages passed in the session – were dealt with at speed, raising questions about the adequacy of the scrutiny these bills received.

There were also concerns raised about the scope of the powers the government has sought regarding the EU Withdrawal Bill, which has proven controversial. In particular, the inclusion of so-called ‘Henry VIII’ powers, allowing the Government to amend or repeal existing primary legislation without the scrutiny normally afforded to bills. This has quite properly provoked concern among parliamentarians.

Curiously, the report says that the use of statutory instruments (SIs) – previously used only to pass non-controversial policies and amendments – has dropped. However, this flies in the face of existing evidence, which is sourced from the government’s own site. If there has been a drop since 2014, it certainly contradicts the trend set since 2010. Furthermore, the Government has been criticised for using SIs to pass controversial policies, such as welfare cuts.

It seems that IFG counted the number of SIs by parliamentary session (the parliamentary year which tends to run from Spring to Spring) rather than by calendar year.

Scrutiny of SIs is rather less intensive than scrutiny of primary legislation. They are subject to two main procedures, neither of which allows Parliament to make any amendments:

  • negative procedure, in which an SI is laid before Parliament and incorporated into law unless either House objects within 40 days
  • affirmative procedure, in which both Houses must approve a draft SI when it is laid before them.

It’s also worth reading: Conservative Government accused of ‘waging war’ on Parliament by forcing through key law changes without debate.

The lack of progress on inclusion and diversity

The IFG says there has been “little recent progress” in numbers of senior civil servants with disabilities or ethnic minority backgrounds, while the percentage of women  also decreases proportionally with ascending Whitehall pay scales. .

They report: “The civil service needs to fulfil the promise of its diversity and inclusion strategy, especially in improving the representation of ethnic minority and disabled staff at senior levels.”  

Of those appointed to the highest departmental rank of permanent secretary in 2017, “as many were men with the surname Rycroft as were women – two in each case”. The report notes also “there has never been a female cabinet secretary for the UK”.

Despite the much-trumpeted launch of the Disability Confident employment scheme, aimed at “helping to positively change attitudes, behaviours and cultures,” and “making the most of the talents that disabled people can bring to the workplace”, sadly there is no evidence that the Government intends role-modeling positive behaviours or putting into practice what it preaches.

The representation of disabled civil servants at senior level has improved only very slightly: 5.3%, up from 4.7% in 2016. Across the UK population as a whole, according to the Office for National Statistics (ONS), 21% of people are estimated to have a disability (some 18% of the working-age population). 

Lack of openness, transparency and accountability

In the UK, the idea that government should be open to public scrutiny and policies congruent with public opinion is central to our notion of democracy. Government openness and transparency also tends to be linked with citizen inclusion, democratic participation and a higher degree of collaboration between citizens and government on public policy decisions. It also ensures that corruption and the misuse of political  t power for other purposes, such as forms repression of political opponents is less likely.

Information and data deficits are more likely to lead to political corruption and a reduction in democratic accountability.

The IFG report says that in 2016–17, more ministerial correspondence was answered in time, which were thanks to more generous targets, while fewer parliamentary questions were answered on time and information was withheld in response to more Freedom of Information requests.

Parliament has other mechanisms to hold government to account, including urgent questions (which have most tellingly increased significantly in recent years) or select committee inquiries (which have also increased in number, with the election delaying government responses). The Government has established a track record of withholding details of planned legislation from the opposition. (See for example: PIP and the Tory Monologue).

According to Democracy Audit UK  an independent research organisation, established as a not-for-profit company, and based at the Public Policy Group in the LSE’s Government Department – the lack of transparency has been fuelled by the coalition period, and now, the Conservative’s’ narrow majority,  as the amount of secondary legislation is growing, and primary legislation is drafted in ways that increasingly leave its consequences obscure, to be filled in later via statutory instruments or regulation. Commons scrutiny of such “delegated legislation” is subsequently reduced, and likely to be very weak and ineffective.

Meanwhile, departments’ publication of mandated data releases, including spending over £25,000, organograms and ministerial hospitality, is patchy. Departments also proactively publish on GOV.UK, though supply and demand differs by department

The IFG says that many departments are not publishing their data as frequently as they should and this, coupled with the difficulty of measuring government performance, suggests that the government is becoming less transparent and accountable.

A rise in the numbers of Freedom of Information requests that are being refused

Since 2010, government departments have become rather less open in response to Freedom of Information (FoI) requests. In 2010, 39% of requests were fully or partially withheld; this had increased to 52% by 2017. 

Departments are able to refuse requests on a number of grounds: if the request falls under one of the 23 exemptions in the Freedom of Information Act 2000 (such as national security or personal information) or those in the Environmental Information Regulations; if it breaches the limit for the cost involved in responding (£600 for central departments and Parliament); if the request is repeated; or if the request is ‘vexatious’ (meaning it is likely ‘to cause a disproportionate or unjustifiable level of distress, disruption or irritation’). 

Of the 2,342 requests withheld in full in 2017, 50% were held to be due to FoI Act exemptions, 47% to cost, 2% to repetition and 1% to vexatiousness.

Of course exemptions may also be used as “good reasons” – excuses – to withhold inconveniently controversial information that is likely to bring valid criticism and cause scandal.

Mike Sivier‘s request for information about how many people have died after going through the Work Capability Assessment, which had resulted in a decision that they were fit for work, was originally refused. The figures were only released after the Information Commission overruled a Government decision to block the statistics being made public, through Mike’s Freedom of Information request.

After the request, the Information Commissioner’s Office (ICO), an independent authority set up to uphold public information rights, agreed that there was no reason not to publish the figures, despite the Department for Work and Pensions variously claiming the request was “vexatious”, and that it “could impose a burden in terms of time and resources, distracting the DWP from its main functions”.

However, clearly the real reason for the original refusal of this request is that the information was highly controversial and contradicted political claims regarding the completely unacceptable level of harm that has been caused to citizens by the damaging impact of the Conservative’s draconian welfare policies. 

The ICO said: “Given the passage of time and level of interest in the information, it is difficult to understand how the DWP could reasonably withhold the requested information.”

More recently, the Department for Work and Pensions (DWP) has continued to try to block John Slater’s FoI request which is likely to expose the widespread failings of two of its Personal Independent Payment (PIP) disability assessment contractors, initially claiming that it did not hold the information he had requested, before arguing that releasing the monthly reports would prejudice the “commercial interests” of Atos and Capita.

The DWP later told the Information Commissioner’s Office (ICO) that releasing the information “will give rise to items being taken out of context… [and] will be misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers”, and would “prejudice the efficient conduct of public affairs” by DWP.

It also warned the ICO that the information could be “maliciously misinterpreted to feed the narrative that the Department imposes ‘targets’ for the outcomes of assessments”.

However, that comment alone indicates the highly controversial nature of the information being withheld, and thus also betrays the real motive. Information is being restricted to stifle legitimate criticism of Government policy and to hide from public view the empirical evidence of its consequences.

The ICO has nonetheless ordered the release of the information requested. A DWP spokeswoman said: “We have received the ICO judgement and we are currently considering our position.” 

If the DWP disagree with the decision and wish to appeal, it must lodge an appeal with the First Tier Tribunal (Information Rights) within 28 calendar days. The requester also has a right of appeal.

The ICO say: Failure to comply with a decision notice is contempt of court, punishable by a fine.

It’s also worth noting that the DWP are obliged to inform any contractors of how the Freedom of Information Act may affect them, making it clear that no guarantee of complete confidentiality of information may be made and that, as a public body, it must consider for release any information it holds if it is requested. 

The Department for Exiting the European Union (DExEU) overtakes the DWP to become the most opaque department. This is one example of a wider lack of transparency around Brexit and reflects the wider reluctance of the Government to share assessments of the anticipated impact of Brexit on different parts of the UK economy. Publication of spending and organisational data remains patchy, suggesting departments are not using the data themselves. 

The Scotland Office, Wales Office and Department for Transport tend to grant more requests in full, and in a timely manner. Among the more opaque are several departments regularly granting fewer than 30% of requests, particularly since 2015, including the Cabinet Office, Foreign and Commonwealth Office (FCO), the Treasury, HM Revenue and Customs (HMRC) and Minstry of Justice (MoJ).

None of the departments created in July 2016 – DExEU, DIT and BEIS – has ever granted even half of its total requests in full. In the three-quarters leading up to Q3 2017, DExEU was the least likely of all departments to comply with FoI requests, respectively answering 18%, 10% and 15% in full. It also refused a higher percentage because they were considered “vexatious” than any other department in 2017; 14% of requests.

The IFG report says “DExEU’s lack of transparency here, and its tardy responses to other requests for information (though not on FoI, where it is the sixth most responsive department), are consistent with its wider reluctance to release information, including the Government’s assessments of the anticipated impact of Brexit on different parts of the UK economy.”

Chart percentage of Freedom of Information requests withheld by government departments

You can read the full IFG Whitehall Monitor Report here


 

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The real “constitutional crisis” is Chris Grayling’s despotic tendencies and his undermining of the Rule of Law

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We have been hearing justifications for grotesquely unfair policies from the Conservatives a lot recently based on a claim that “we have a clear mandate to do this.” The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central component of representative democracy. However, new governments who attempt to introduce policies that they did not make explicit and public during an election campaign are said to not have a legitimate mandate to implement such policies.

Most of you will immediately think of the recent debates regarding the tax credit cuts, and the authoritarian threats to stifle legitimate criticism of government policies, but this is just the tip of a very deeply submerged iceberg.

I am currently researching an article about the hatchet man of justice, Chris Grayling, and his recent signaling of a crackdown on what he calls the “misuse” of freedom of information requests (FOI) as a means of researching “stories” for journalists. I’ll write about that particular symptom of Grayling’s syndrome of totalitarian thinking separately, as I got productively side-tracked.

I recently wrote an article about the government’s secret editing and amendment of the Ministerial Code Government turns its back on international laws, scrutiny and standards: it’s time to be very worried.

It’s not the first time, either: see also – A reminder of the established standards and ethics of Public Office, as the UK Coalition have exempted themselves.

And of course this – Watchdog that scrutinises constitutional reform is quietly abolished and Tory proposals are likely to lead to constitutional crisis, thisThe Coming Tyranny and the Legal Aid Bill and this – Sabotaging judicial review is one of this government’s most vicious acts.

I have had concerns for some time that the Conservatives behave unaccountably, profoundly undemocratically, with a disregard of the obligations of a government to be open and transparent, and often, the Conservatives shield very secretive and damaging long term aims.

During a House of Lords debate on Judicial Review reforms, respected peer and lawyer Lord Pannick QC spoke of the constitutional importance of Judicial Review and the hazards in circumscribing it, personally addressing Mr Grayling on the issue of the Lord Chancellor’s incompetence:

“However inconvenient and embarrassing it is to Mr Grayling to have his decisions repeatedly ruled to be unlawful by our courts, however much he may resent the delays and costs of government illegality being exposed in court and however much he may prefer to focus on the identity of the claimant rather than the substance of their legal complaint, it remains the vital role of judicial review in this country to hold Ministers and civil servants to account in public, not for the merits of their decisions but for their compliance with the law of the land as stated by Parliament.”

Grayling’s time as Justice Secretary has been an unremitting disaster. He has lost seven times so far in the courts and is the least impartial lord chancellor we have known. Rather than accept that he has attempted to legislate illegally, instead we see him trying to dismantle the mechanisms of democracy and law to suit his despotic policy designs, regardless.

I found a letter from earlier this year, by chance, it’s a response from the lord chancellor Chris Grayling to a report by the House of Lords Constitution Committee published last December following its investigation into the office of the legally unqualified but disdainful and arrogant lord chancellor: 

The Rt Hon. the Lord Lang of Monkton DL
The House of Lords Select Committee on the Constitution
House of Lords,
London,
SW1A 0PW

The Right Honourable Chris Grayling MP
Lord Chancellor and Secretary of State for Justice
102 Petty France
London SW 1H 9AJ
T 020 3334 3555
F 020 3334 3669E
general.queries @justice.gsi.gov.uk
http://www.gov.uk/moj
Our Ref: 20211

26 February 2015

Dear Lord Lang,

THE OFFICE OF LORD CHANCELLOR

The Government broadly welcomes the Committee’s Report on The office of Lord Chancellor and makes the following observations in response to a number of the specific recommendations.

The rule of law and judicial independence 

We invite the Government to agree that the rule of law extends beyond judicial independence and compliance with domestic and international law. It includes the tenet that the Government should seek to govern in accordance with constitutional principles, as well as the letter of the law. (Paragraph 25)

RESPONSE
The Government agrees that it should govern in accordance with constitutional principles and endorses the importance of the rule of law. However the Government does not endorse the view put forward in paragraphs 23 to 25 of the Committee’s Report in so far as it suggests that judges have power to insist that primary legislation passed by the UK Parliament “is not law which the courts will recognise”.

The Lord Chancellor’s duty to respect the rule of law extends beyond the policy remit of his or her department; it requires him or her to seek to ensure that the rule of law is upheld within Cabinet and across Government. We recommend that the Ministerial Code and the Cabinet Manual be revised accordingly. (Paragraph 50)

Page 2

To clarify the scope of the Lord Chancellor’s duty in relation to the rule of law, we recommend that the oath to “respect the rule of law” be amended to a promise to “respect and uphold the rule of law.”  (Paragraph 51)

RESPONSE
The Government believes that the Ministerial Code, Cabinet Manual and Oath of Office already accurately reflect ministerial responsibilities in relation to the rule of law. In particular, both the Ministerial Code and the Cabinet Manual note the role of the Law Officers in “helping ministers to act lawfully and in accordance with the rule of law”. The Government does not agree that there should be specific requirement on the Lord Chancellor in this respect, nor that the Code, Manual or Oath require amendment.

The Law Officers’ role in upholding the rule of law has always been important.

The changes to the office of Lord Chancellor over the last decade have made it even more so. As a result, we consider that it is imperative the Attorney General continues to attend all Cabinet meetings, and that they are adequately resourced not only in their role as legal advisers to the Government, but in their capacity as guardians of the rule of law. (Paragraph 79)

RESPONSE
The Government agrees with the Committee on the important role played by the Law Officers in upholding the rule of law. This view has been shared by successive governments. The Law Officers play this role, in particular, by advising on some of the most significant legal issues being dealt with by Government, through their significant public interest functions (for example bringing contempt proceedings) and through participating in the work of government as Ministers of the Crown. This includes the Attorney General participating in Cabinet meetings. Though the expectation is that the Attorney General will continue to attend all Cabinet meetings, this is ultimately a matter for the Prime Minister. The Government considers that the Law Officers are adequately resourced to fulfil their functions as they relate to the rule of law.

We recommend that the Law Officers give due consideration to the more reactive role of modern Lord Chancellors and ensure that the holder of that office is kept informed of potential issues within Government relating to the rule of law. (Paragraph 80)

RESPONSE
An important function of the Law Officers is keeping all Ministerial colleagues informed of significant legal issues. The relationship between the Lord Chancellor and the Attorney General is an especially important one. The Lord Chancellor and the Attorney General meet regularly to discuss matters of common concern, including those that relate to the rule of law, and the expectation is that this will continue.

Page 3

A Constitutional Guardian in Government

There is no clear focus within Government for oversight of the constitution. We invite the Government to agree that a senior Cabinet minister should have responsibility for oversight of the constitution as a whole, even if other ministers have responsibility for specific constitutional reforms. In the light of the Lord Chancellor’s existing responsibility for the important constitutional principle of the rule of law, we consider that the Lord Chancellor is best placed to carry out this duty. (Paragraph 101)

RESPONSE
The Deputy Prime Minister is the relevant Secretary of State for constitutional policy and has been so since 2010. Senior ministerial oversight reflects the importance of the constitutional changes outlined in the Programme for Government. This arrangement gives a clear focus for the delivery of reforms including Individual Electoral Registration; the introduction of fixed term parliaments; changes to the laws of succession; regulation of the lobbying industry and proposals for the recall of MPs.

The Deputy Prime Minister works in close collaboration with the Prime Minister and other relevant Cabinet Ministers including the Lord Chancellor and Attorney General and is supported by two ministers, and officials from the Cabinet Office Constitution Group.

The Future of the Office

We recognise the advantages to appointing a Lord Chancellor with a legal or constitutional background. We do not consider that it is essential but, given the importance of the Lord Chancellor’s duties to the rule of law, these benefits should be given due consideration. (Paragraph 109)

RESPONSE
The Government welcomes the Committee’s acknowledgement that it is not essential for the Lord Chancellor to have a legal background.

We recommend that the Government either ensure that the Permanent Secretary supporting the Lord Chancellor at the Ministry of Justice is legally qualified, or appoint the top legal adviser in that department at permanent secretary level. (Paragraph 113)

RESPONSE
The Government does not agree that the Permanent Secretary at the Ministry of Justice need be legally qualified, nor that the department’s top legal adviser need be appointed at permanent secretary level. The Lord Chancellor and Permanent Secretary have access to high quality legal services provided by the Treasury Solicitor’s Department including direct access to the Treasury Solicitor and one of his Deputies at Director General level, should it be needed.

Page 4

Given the importance of the Lord Chancellor’s duty to uphold the rule of law, the Lord Chancellor should have a high rank in Cabinet and sufficient authority and seniority amongst his or her ministerial colleagues to carry out this duty effectively and impartially. (Paragraph 117)

RESPONSE
It is for the Prime Minister to determine the order of precedence of Cabinet Ministers.

The Lord Chancellor is currently and traditionally one of the highest officers of state. The Lord Chancellor should be a politician with significant ministerial or other relevant experience to ensure that the rule of law is defended in Cabinet by someone with sufficient authority and seniority. It is not necessary to be prescriptive: more important than age or lack of ambition is that the person appointed has a clear understanding of his or her duties in relation to the rule of law and a willingness to speak up for that principle in dealings with ministerial colleagues, including the Prime Minister. (Paragraph 125)

We urge Prime Ministers, when appointing Lord Chancellors, to give weight to the need for the qualities we have outlined in this report, and above all to consider the importance of the Lord Chancellor’s duty to uphold the rule of law across Government. (Paragraph 126)

RESPONSE
The Constitutional Reform Act 2005 provides that the Prime Minister may not recommend an individual for appointment as Lord Chancellor unless he or she is satisfied that the individual is qualified by  experience. There is a range of evidence that the Prime Minister can take into account when reaching such a conclusion.

We recognise concerns that the combination of the office of Lord Chancellor with that of the Secretary of State for Justice could create a conflict of interests at the heart of the Ministry of Justice. However, upholding the rule of law remains central to the Lord Chancellor’s role and in practice the office is given additional authority by being combined with a significant department of state. (Paragraph 133)

RESPONSE
The Government welcomes the Committee’s agreement that combining the role of Lord Chancellor with that of Secretary of State for Justice strengthens the office.

 

CHRIS GRAYLING

The boldings are mine, the original copy of the letter may be viewed here.

I’m not a legal expert – nor is the lord chancellor – but I am someone with sufficient expertise to recognise when our long-standing laws and democratic processes are being side-stepped, deceitfully edited, re-written, or deleted to prop up an authoritarian government determined to impose a toxic, socially harmful and ideologically driven policy agenda, regardless of the consequences and public objection.