The Ministry of Justice (MoJ) may have new signage on its door, but there is still no agreement between ministers and the judiciary about how it will ensure the latter's independence.


Launching the ministry last week, Lord Falconer, now secretary of state for justice, said he was 'delighted' at its inception but refused to be drawn on whether he expected still to be running the department in a year's time. He said judges 'should not worry about prison resources being available' when sentencing, and dismissed fears that court funding will be raided to prop up the prison system.



But the Lord Chief Justice, Lord Phillips, issued a terse statement the same day, saying the MoJ raised important issues of principle which have been 'communicated repeatedly' to Lord Falconer, but that 'we have not yet reached agreement on a way forward'.



Two proposed changes to legislation accompanied the launch: a proposal to allow punitive recall to prison for non-dangerous prisoners for 28 days, and a proposal to push for more serious offences to be dealt with using suspended sentences. Lord Falconer also said he wanted to see greater use of community sentences.



Rupert White