A public admission in 2020 that Boris Johnson’s government intended to break international law with its Brexit legislation may return to haunt barrister Brandon Lewis MP as he takes up his post at lord chancellor and justice secretary in Liz Truss’s government. Lewis was named last night as part of a wide-ranging reshuffle which included the appointment of Michael Ellis QC MP as attorney general.
In a statement this morning, the Law Society said the crisis in the justice system ’should be lighting up the new justice minister’s inbox’.
’Justice and fair play are hallmarks of Britain and traditionally a source of pride for the country,’ Society vice president Lubna Shuja said. ’But today they are less recognisable features of our national landscape Backlogs in the courts mean people are waiting years for their day in court, their lives in limbo. The new minister has an opportunity to re-energise the system and restore people’s faith in British justice.’
Lewis ’should begin by making sure anyone who cannot afford legal help is eligible for state-funded expert advice – the cost-of-living crisis makes this change to the means test more urgent than ever’, Shuja said.
Noting that civil and criminal legal aid solicitors are being forced to close their doors because government rates have been stagnant for more than two decades, Shuja urged the lord chancellor to set rates of pay ’at the level needed to make the system viable so these vital public servants can continue to serve the country properly renumerated for their expertise and hard work’.
She concluded: ’I look forward to working with Brandon Lewis to share our members’ insight from the frontline of justice. Solicitors see problems first-hand and early, and they can shed light on workable solutions. When we meet there will be much more for us to discuss, from how the new government should rethink the damaging Bill of Rights Bill to how solicitors will be a backbone of support for local communities grappling with the challenges of the cost-of-living crisis.’
On a similar note, bar chair Mark Fenhalls QC said: ’The Bar Council welcomes the appointment of senior cabinet members and extends congratulations to Brandon Lewis MP as the new lord chancellor and secretary of state for justice, and Michael Ellis QC MP reappointed as the attorney aeneral. We look forward to meeting to discuss the many challenges faced by the justice system.
’An open and accessible justice system that upholds the rule of law is more critical than ever. The government must commit to sufficiently funding the legal system so that the public gets the service it deserves and stop the attacks on lawyers that undermine confidence in the rule of law and the UK’s legal sector at home and abroad.
’The most urgent problem to fix is in the criminal courts and that means barristers must be paid the same for the backlog cases as for new cases. A change at the very top of government offers a chance to find new solutions.’
Professor Chris Bones, chair of CILEX, said: ‘CILEX welcomes the new lord chancellor and secretary of state for justice, and we look forward to continuing the positive working relationship developed under his predecessors.’
Some lawyers however have been quick to recall Lewis's admission as Northern Ireland secretary that the government was prepared to breach international law. In September 2020 Lewis said of the internal market legislation: ’Yes, this does break international law in a very specific and limited way’. The admission led to the resignation of the head of the Government Legal Department, Jonathan Jones.
Julian Hayes, senior partner at West London firm Berris Law, described Lewis's appointment as 'disappointing'. 'Not only does he not fulfil the qualifications to hold the lord chancellor post, he strongly advocated for the government to break international law whilst supporting the Internal Markets Bill. t would appear that his appointment has been made principally because of his support for Liz Truss. Whilst he qualified as a barrister he is in fact a career politician and has no track record of ever working within the justice system.'
Update: Barrister Michael Tomlinson MP has been appointed solicitor general; Rachel Maclean MP as minister of state at the Ministry of Jusice.
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