This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk_politics/6681579.stm
The article has changed 2 times. There is an RSS feed of changes available.
Previous version
1
Next version
| Version 0 | Version 1 |
|---|---|
| Judges fail to back new ministry | Judges fail to back new ministry |
| (about 5 hours later) | |
| Senior judges have refused to back government plans to set up the new Ministry of Justice, it has emerged. | Senior judges have refused to back government plans to set up the new Ministry of Justice, it has emerged. |
| The Lord Chief Justice, Lord Phillips, told MPs it had proved impossible to reach a deal with ministers. | The Lord Chief Justice, Lord Phillips, told MPs it had proved impossible to reach a deal with ministers. |
| The judges fear their independence will be compromised as the Lord Chancellor takes responsibility for prisons and probation as well as courts. | The judges fear their independence will be compromised as the Lord Chancellor takes responsibility for prisons and probation as well as courts. |
| However, the Lord Chancellor said judges and ministers were "extremely close" to reaching an agreement. | |
| When asked by an all-party constitutional affairs select committee if ministers had a "constitutional crisis", he replied: "No, we have not. The point that has been reached is that parties are extremely close to an agreement. | |
| "The discussions, as I understand it, still continue." | |
| Pressure | Pressure |
| The government says it will push ahead with splitting of the Home Office in two - creating a new Ministry of Justice (MoJ) - even if it cannot get backing from senior judges. | The government says it will push ahead with splitting of the Home Office in two - creating a new Ministry of Justice (MoJ) - even if it cannot get backing from senior judges. |
| This represents a very serious constitutional problem, and a situation which requires prime ministerial intervention, whether by Tony Blair or Gordon Brown Oliver HealdShadow Constitutional Affairs Secretary | |
| Senior judges fear the new ministry, which took on responsibility for prisons, probation and sentencing policy from the Home Office on 9 May, will place less emphasis on the courts. | Senior judges fear the new ministry, which took on responsibility for prisons, probation and sentencing policy from the Home Office on 9 May, will place less emphasis on the courts. |
| They are also concerned they will come under pressure to make decisions based on prisoner numbers and other non-judicial factors. | They are also concerned they will come under pressure to make decisions based on prisoner numbers and other non-judicial factors. |
| Lord Phillips said creating the MoJ - which he told MPs he first learned about in an article in the Sunday Telegraph newspaper - would cause a "serious constitutional problem", rather than a "crisis". | |
| He wants an inquiry into the issues raised by the new ministry - and he called for "constitutional safeguards" to ensure the continued independence of the judiciary. | He wants an inquiry into the issues raised by the new ministry - and he called for "constitutional safeguards" to ensure the continued independence of the judiciary. |
| "We have now reached the firm view that there is a need to have a fundamental review of the position in light of the creation of the Ministry of Justice," he told the Constitutional Affairs Committee. | "We have now reached the firm view that there is a need to have a fundamental review of the position in light of the creation of the Ministry of Justice," he told the Constitutional Affairs Committee. |
| Lord Falconer had hoped to reach an agreement but he told the judges a number of topics were off limits, including the executive agency status of HM Courts Service and the possibility of ring-fencing its budget. | |
| Sticking point | Sticking point |
| Lord Phillips told the committee: "We've tried very hard to reach an interim agreement to tide over the period that will elapse before a review, and any implementation of it can take effect." | Lord Phillips told the committee: "We've tried very hard to reach an interim agreement to tide over the period that will elapse before a review, and any implementation of it can take effect." |
| He said the Lord Chancellor did not agree there was a need for a review. | He said the Lord Chancellor did not agree there was a need for a review. |
| "This has become a fundamental difference between us," he told the committee. | "This has become a fundamental difference between us," he told the committee. |
| A particular sticking point was the executive agency status of the courts in England and Wales, he said. | A particular sticking point was the executive agency status of the courts in England and Wales, he said. |
| The judiciary's chief negotiator on the working group Lord Justice Thomas said they wanted to secure a review of the current position, adding: "We wouldn't have thought it was an awful lot to ask." | The judiciary's chief negotiator on the working group Lord Justice Thomas said they wanted to secure a review of the current position, adding: "We wouldn't have thought it was an awful lot to ask." |
| Following the split, the Home Office will be left to concentrate on dealing with terrorism, security, immigration and policing. | Following the split, the Home Office will be left to concentrate on dealing with terrorism, security, immigration and policing. |
| The Conservatives have urged the government to sort out the situation. | |
| Shadow constitutional affairs secretary Oliver Heald said: "This represents a very serious constitutional problem, and a situation which requires prime ministerial intervention, whether by Tony Blair or Gordon Brown. | |
| "They should not be going on roadshows. They should be sorting out this serious issue." |
Previous version
1
Next version