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| Lord chief justice warns Chris Grayling on courts privatisation plans | Lord chief justice warns Chris Grayling on courts privatisation plans |
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| The justice secretary, Chris Grayling, has been warned by the lord chief justice, Lord Judge, not to undermine the independence of the judiciary through plans to privatise parts of the court service or make it self-financing. | The justice secretary, Chris Grayling, has been warned by the lord chief justice, Lord Judge, not to undermine the independence of the judiciary through plans to privatise parts of the court service or make it self-financing. |
| A letter sent by the most senior judge in England and Wales last month, seen by the Guardian, provides fresh insight into the Ministry of Justice's decision to bring in the management consultancy McKinsey & Company to enforce radical economies on HM Courts and Tribunals Service (HMCTS). | A letter sent by the most senior judge in England and Wales last month, seen by the Guardian, provides fresh insight into the Ministry of Justice's decision to bring in the management consultancy McKinsey & Company to enforce radical economies on HM Courts and Tribunals Service (HMCTS). |
| The correspondence suggests the fundraising reforms threaten to shake up constitutional arrangements dating back "to the prohibition in Magna Carta on 'selling justice'". | The correspondence suggests the fundraising reforms threaten to shake up constitutional arrangements dating back "to the prohibition in Magna Carta on 'selling justice'". |
| Judge's letter is a covering note for a secret assessment of the senior judiciary's willingness to co-operate – and its explicit reservations. The assessment was drawn up by the senior presiding judge, Lord Justice Gross. | Judge's letter is a covering note for a secret assessment of the senior judiciary's willingness to co-operate – and its explicit reservations. The assessment was drawn up by the senior presiding judge, Lord Justice Gross. |
| The MoJ has previously said it has been exploring reforms of the administration of courts and tribunals but has denied that wholesale privatisation of the courts service is being considered. | The MoJ has previously said it has been exploring reforms of the administration of courts and tribunals but has denied that wholesale privatisation of the courts service is being considered. |
| The letter sent by Judge to Grayling opens: "When we met on 22 April, we discussed progress on work to explore reform of HMCTS. You explained that the department's financial position means that these reforms are now essential and work is proceeding at pace." | The letter sent by Judge to Grayling opens: "When we met on 22 April, we discussed progress on work to explore reform of HMCTS. You explained that the department's financial position means that these reforms are now essential and work is proceeding at pace." |
| Judge says he is "anxious to avoid any misunderstandings about the judiciary's position" and points out that "we are not in a position to agree to any proposals until the details are further developed". | Judge says he is "anxious to avoid any misunderstandings about the judiciary's position" and points out that "we are not in a position to agree to any proposals until the details are further developed". |
| Gross's assessment, attached to Judge's letter and marked Restricted: HMCTS Reform – Judicial Review, shows that senior judges are prepared to improve the way the courts operate. | Gross's assessment, attached to Judge's letter and marked Restricted: HMCTS Reform – Judicial Review, shows that senior judges are prepared to improve the way the courts operate. |
| Gross's judicial overview begins: "The judiciary has for some time been concerned that continuing with the present model for HMCTS, both in governance and financial terms, was not an attractive option for the long term..." | Gross's judicial overview begins: "The judiciary has for some time been concerned that continuing with the present model for HMCTS, both in governance and financial terms, was not an attractive option for the long term..." |
| It continues: "Certain matters are or should be axiomatic: no governance or funding models could be countenanced which threatened the independence of the judiciary (from the two other branches of the state), the rule of law or access to justice." | It continues: "Certain matters are or should be axiomatic: no governance or funding models could be countenanced which threatened the independence of the judiciary (from the two other branches of the state), the rule of law or access to justice." |
| If 'New CTS', the reformed courts and tribunal service, is freed to raise revenue and attract (private sector) capital investment, the judiciary cautions, "it must be independent of ministerial control and a new way found to protect the public interest." | If 'New CTS', the reformed courts and tribunal service, is freed to raise revenue and attract (private sector) capital investment, the judiciary cautions, "it must be independent of ministerial control and a new way found to protect the public interest." |
| But Gross states that management of the judiciary must remain with the judiciary. "So far as the magistracy is concerned, its unique characteristic as a voluntary body of lay judicial office holders must be preserved; so too, the independence of the legal advice it receives." | But Gross states that management of the judiciary must remain with the judiciary. "So far as the magistracy is concerned, its unique characteristic as a voluntary body of lay judicial office holders must be preserved; so too, the independence of the legal advice it receives." |
| The document questions the principal underlying plans for one part of the court system – the civil courts, which attract wealthy foreign litigants and their high-cost claims – to cross-subsidise other parts of the system such as the criminal courts. "The judiciary is anxious to underline the importance and sensitivity of this topic (going back to the prohibition in Magna Carta on 'selling justice') while understanding that the question does not admit of a single or simplistic answer. | |
| "Much may turn on the work being done in this area by McKinseys in relation to the market (and its differing segments). Moreover the judiciary appreciates that in some areas there is room to raise fees simply to cover costs and well before achieving a surplus." | "Much may turn on the work being done in this area by McKinseys in relation to the market (and its differing segments). Moreover the judiciary appreciates that in some areas there is room to raise fees simply to cover costs and well before achieving a surplus." |
| Gross says the judiciary retains "an open and receptive mind" to other proposals. For instance, "there are no principled objections to the appropriate utilisation of the HMCTS estate so as to generate revenue or for HMCTS to take the lead role in enforcement, including enforcing all civil judgments. | Gross says the judiciary retains "an open and receptive mind" to other proposals. For instance, "there are no principled objections to the appropriate utilisation of the HMCTS estate so as to generate revenue or for HMCTS to take the lead role in enforcement, including enforcing all civil judgments. |
| "Equally a more determined approach may reveal proper opportunities for direct export-led revenue, capitalising on the world-wide reputation of the judiciary and the UK's reputation as a world leader in legal services and dispute resolution." Significant state-funding, the memorandum says, would still be required during a "transitional period". | "Equally a more determined approach may reveal proper opportunities for direct export-led revenue, capitalising on the world-wide reputation of the judiciary and the UK's reputation as a world leader in legal services and dispute resolution." Significant state-funding, the memorandum says, would still be required during a "transitional period". |
| The paper ends on a further note of caution to Grayling: "The risks involved in moving to an independent New CTS would be most unlikely to commend themselves to the judiciary (or for that matter parliament) absent clear constitutional and public interest dimensions in the proposals as a whole." | The paper ends on a further note of caution to Grayling: "The risks involved in moving to an independent New CTS would be most unlikely to commend themselves to the judiciary (or for that matter parliament) absent clear constitutional and public interest dimensions in the proposals as a whole." |
| The letter has emerged when much of the legal profession is largely united in opposition to MoJ plans to make further deep cuts in legal aid. | The letter has emerged when much of the legal profession is largely united in opposition to MoJ plans to make further deep cuts in legal aid. |
| Asked to comment on Lord Judge's letter, the Labour justice spokesman, Sadiq Khan, said: "Senior judges are right to warn Chris Grayling that handing over our courts to big private companies would undermine their crucial independence. He should bin his plans and instead focus his energies on rooting out waste and inefficiency in our courts systThe conflicts of interest could lead to a disastrous loss of confidence by victims and witnesses." | Asked to comment on Lord Judge's letter, the Labour justice spokesman, Sadiq Khan, said: "Senior judges are right to warn Chris Grayling that handing over our courts to big private companies would undermine their crucial independence. He should bin his plans and instead focus his energies on rooting out waste and inefficiency in our courts systThe conflicts of interest could lead to a disastrous loss of confidence by victims and witnesses." |
| The Judicial Communications Office declined to comment on the letter. Earlier this year it announced that the senior judiciary would work with the justice secretary on the review of the courts. It also said that: "It is increasingly difficult to secure adequate funding to support and develop the courts and tribunals." | The Judicial Communications Office declined to comment on the letter. Earlier this year it announced that the senior judiciary would work with the justice secretary on the review of the courts. It also said that: "It is increasingly difficult to secure adequate funding to support and develop the courts and tribunals." |
| The Ministry of Justice said: "We announced in parliament in March that we were looking at reforming the resourcing and administration of our courts and tribunals, giving them greater commercial freedom. | The Ministry of Justice said: "We announced in parliament in March that we were looking at reforming the resourcing and administration of our courts and tribunals, giving them greater commercial freedom. |
| "Engaging with the judiciary, which has been supportive of our plans, is a key part of that process as we continue to consider our options. We are very clear that we will maintain access to justice and an independent judiciary and will not be selling the courts off to anyone." | "Engaging with the judiciary, which has been supportive of our plans, is a key part of that process as we continue to consider our options. We are very clear that we will maintain access to justice and an independent judiciary and will not be selling the courts off to anyone." |