Future Lord Chancellors must be released from the conflict of interest which comes from serving two masters, lawyers told a House of Lords committee in evidence this week.
The House of Lords Select Committee on the Constitution is holding an inquiry into the Office of Lord Chancellor, which is currently combined with the role of Secretary of State for Justice. The Association of Personal Injury Lawyers (APIL) has warned that unless changes to the role are made the Office of Lord Chancellor as it currently stands should cease to exist.
“The fundamental problem with the current role is that it combines the duties of an independent Lord Chancellor with the political role of Secretary of State for Justice, which generates an obvious and potentially serious conflict of interest,” said John Spencer, president of APIL.
The Lord Chancellor is responsible for defending the rule of law, and ensuring that any political changes do not affect the independence of the legal system. The role of secretary of state is responsible for making improvements to the criminal justice, prison system, as well as the strategy on criminal justice, penal policy, human rights and rehabilitation.
John continued; “An individual cannot reasonably be expected to defend the rule of law and the independence of the courts while promoting a political agenda as secretary of state.”