Reformer who built lasting legacy

AFTER THE SHOCK ABOLITION OF THE POST OF LORD CHANCELLOR, PAULA ROHAN PROFILES THE RECORD OF LORD IRVINE - FROM PUGIN TO HUMAN RIGHTS

Addressing the Lord Mayor of London's annual banquet for judges in 1997, the newly appointed Lord Chancellor, Lord Irvine of Lairg QC, told diners that judges and Labour politicians had learned from the mistakes of the Conservative government.

'It was widely perceived by the public that under the last government, relations between the higher judiciary and the government had sunk to an all-time low,' he said.

Derry Irvine, now 63, was born the son of a roofer and a waitress in Inverness, Scotland.

After graduating in law from both Glasgow University and Christ's College Cambridge, he lectured at the London School of Economics before being called to the Bar in 1967.

He became a QC in 1978, later serving as a recorder for three years before his step up to deputy High Court judge in 1987.

He gave this up when he became Lord Chancellor.

Along the way he became close friends with Prime Minister Tony Blair, having served as his pupil master, and this no doubt fuelled his confidence in fostering relations between ministers and the judiciary.

However, Lord Irvine's optimism seemed short-lived.

Reportedly falling out with former home secretary Jack Straw regarding freedom of information and then with Mr Straw's successor, David Blunkett, over anti-social behaviour and attacks on judges, the controversy surrounding the man branded one of 'Tony's cronies' culminated last week in his retirement and the abolition of his post.

Officially, Lord Irvine went of his own volition, but speculation about a stand-off between him and Mr Blunkett, and an eleventh-hour plea for his job are rife.

Lord Irvine has not been helped by the media-fuelled rumpus over a 22,000 pay rise, 2 million pension plan and lavish spending on refurbishing his official apartments.

The tabloids went to town on his suggestion that second-time burglars should not go to jail, with the Sun newspaper branding him 'Donkey Derry' and asking 'If the law if an ass, what does that make him?' His famed arrogance has hardly helped him either.

However, some see this focus as unfortunate, as it ignores his achievements.

Law Society President Carolyn Kirby says: 'Lord Irvine has taken important steps in modernising the system for appointing judges and QCs, and will be remembered for his determination to implement freedom of information and human rights legislation.' Those key achievements will form a lasting monument.

There is little doubt that despite concerns from the right-wing media, Lord Irvine played a major part in many ground-breaking legal and constitutional changes.

One of these was the creation of a 'human rights culture' - at the risk of upsetting the politicians yet again owing to a shift in power to judges - through the Human Rights Act (HRA) 1998.

The Bar Council commends him as a 'tremendous force' in developing the HRA, with his key role in drawing up Labour's historic devolution legislation - he chaired the cabinet committee on the issue - also serving as a 'lasting tribute'.

Even civil rights organisation Liberty, which this week applauded the end of the Lord Chancellor's post as a move towards greater judicial independence, says: 'To Lord Irvine's everlasting credit, he was the driving force behind the incorporation of the HRA into domestic UK law'.

Lord Irvine was said to have stood firm against many government departments when he pushed for more radical measures aimed at open government.

The Freedom of Information Act 2000 is now scheduled to come into force in November 2005, although it has been reported that Lord Irvine tried to persuade Mr Blair to impose a quicker timetable.

He also received praise when, after years of backing the status quo, he postponed the 2004 silk round and decided to consult on the future of the QC system, and also for throwing open the debate on judicial appointments and court dress following calls to modernise the system.

But one area where he fell out of favour with the lawyers was legal aid.

'Sadly his epitaph will be not as a reformer who introduced the Community Legal Service, but as a Lord Chancellor who was outmanoeuvred by the Home Office and the Treasury, and failed to secure the budgetary increases his department needed,' Legal Aid Practitioners Group director Richard Miller says.

Ms Kirby agrees that Lord Irvine failed to realise his vision for rebuilding public confidence in legal aid.

'Treasury restrictions to funding civil legal aid have meant that even fewer people now receive help and the legal aid system is failing many of those most in need of social welfare advice,' she argues.

Facing a grilling from MPs on the workings of his department in March this year, Lord Irvine expressed obvious irritation about the effect Mr Blunkett's policies were having on the legal aid budget.

Indeed, rumour had it at one point that he was set to resign in protest over funding cuts, although one commentator dismissed the idea that 'a man with an ego the size of France' would take such a step.

Lord Irvine was also forced to defend to MPs his role as head of the judiciary, government minister and speaker in the House of Lords, insisting that the system worked well and that if it wasn't broken, they shouldn't try to fix it.

It seems that on this issue, he was unable to stand up to the pressure of the dissenting politicians - even to save his own skin.