Speech: Lord Chancellor swearing-in speech: David Gauke

Mr Attorney, I’d like to thank the Lord Chief Justice for that warm welcome and I look forward to working with you and other members of the bench.

I’d also like to start by thanking my predecessor and Cabinet colleague, David Lidington, who I think quickly established himself as an effective Lord Chancellor and Secretary of State. I very much hope to emulate his speedy grasp of such an important constitutional role.

Being appointed as Lord Chancellor is a huge honour and deeply humbling. Dare I say, it is also a little daunting, especially when you look back at some of the previous custodians of this historic title over the centuries.

In light of such an illustrious rollcall of historical figures, I think it is only natural for a new incumbent to look for a familiar reference point.

As the Lord Chief Justice has reminded us, a former Lord Chancellor from my home town of Ipswich was none other than Cardinal Wolsey. An auspicious connection given he went on to serve as Lord Chancellor for 14 years!

My enthusiasm was however a little tempered when I recalled how Wolsey’s time as Lord Chancellor was made fraught through dealing with Henry the Eighth and his powers: stripped of his title and his wealth, he faced charges of treason after an unsuccessful attempt to negotiate a settlement with a powerful European supra-national organisation.

Thankfully, not all the duties exercised by Cardinal Wolsey continue to fall on the shoulders of the Lord Chancellor!

So, let me turn to the specific responsibilities I have affirmed to uphold today.

The Rule of Law

Defending the independence of the judiciary and respecting the Rule of Law, that is the foundation of our democracy, our way of life, and the safeguard of fairness and freedom in our society.

The pomp and the pageantry may be centuries old, but what they represent, forged from 900 years of history, remain relevant and important today.

You, the judiciary, are at the heart of the Rule of Law. You uphold and exercise that every day in the judgements and decisions you make and in being called upon to make decisions on some of the most difficult moral and technical issues of our time.

It is a job that requires expertise and deep knowledge. But your task also requires independence from the other branches of the State. You must be free to make decisions without fear or favour and without undue influence.

That’s why I take seriously the solemn affirmation I have made today to defend that independence and to respect the Rule of Law.

Efficient and effective courts

This commitment also includes ensuring efficient and effective support for courts. I want people to have confidence in every part of their justice system.

That means crimes being properly investigated. It means effective prosecutions where there is sufficient evidence and it is in the public interest. It means courts handing down sentences that fit the crime.

It also means a justice system that supports victims and ensures a smooth and efficient process for litigants, for example, through new technology and greater innovation.

I look forward to working closely with the Lord Chief Justice and senior judiciary to build on the important work that is already underway to reform and modernise our courts and tribunals system and to make this a reality.

Whether in criminal or civil law, the UK’s legal system is respected around the world, something that I have seen for myself having worked in corporate law.

As a trainee solicitor over 20 years ago, I was struck working on a shipping litigation case, it was an English Tribunal applying English law that was determining a dispute involving cargo being shipped across the Pacific on a Greek-owned ship with, if I recall correctly, an Indonesian crew.

The only apparent connection to the UK was that the contracts were under English Law and determined by English tribunals.

That was the case then, it’s the case now, and it will continue to be the case after we leave the EU. Because, the UK leads the way in global legal services. English Law and UK courts provide the certainty, clarity and flexibility that clients from around the world want.

I know just how important this sector is, not just for London, but for cities and regions across the UK. That’s why I want an outcome from our negotiations with the EU that is good for our legal system and good for our position as a provider of legal services around the world, one that protects and promotes a strong and successful legal services sector.

That means ensuring close and comprehensive arrangements for civil judicial co-operation with the EU after Brexit. It means a legal services sector that benefits from and serves as a catalyst for future trade.

I want to see London continue to be an international hub for finance and legal services, but also see legal services continue to grow and thrive in regional centres serving as specialist hubs.

I look forward to working with the legal services sector and the judiciary to build on our ‘Legal Services are GREAT’ campaign launched last year to promote the UK’s legal services on the world stage.

A final word on the judiciary

The reputation of our legal services is underpinned by our world-leading judiciary, respected for its expertise and its independence.

As Lord Chancellor, I look forward to working with you, Lord Chief Justice, and other senior members of the judiciary, to ensure we continue to attract exceptional and talented people in order for it to remain strong, free from improper influence and truly independent – indeed, to remain the envy of the world.

Conclusion

I mentioned that Cardinal Wolsey managed 14 years as Lord Chancellor. With seven years at the Treasury, seven months at DWP and having just completed my first seven days at the Ministry of Justice, that may be an ambitious record to match.

Although, I have read on Twitter and elsewhere that I may have set a record of my own by being the first solicitor to be appointed Lord Chancellor. I’m pleased that, so far at least, this record remains intact even after such careful and scrupulous deliberation from you, Lord Chief Justice! They do say that the law is an iterative process, so, I await to be revised.

But what I can commit to today is that during my time as Lord Chancellor I will be ambitious for our country’s legal services. I will be steadfast in my commitment to defend the independence of the judiciary and respect the Rule of Law, and I will be determined in our work to create a justice system that is open to all, a justice system that everyone in the country can have confidence in, and one that lives up to the deep-rooted sense of justice and fairness the United Kingdom is known for around the world.

Thank you.




News story: Top college principals to drive improvements in further education

Some of the country’s top college principals have been appointed to a new group which will work with underperforming colleges to help drive up standards and improve quality of teaching.

The seven National Leaders of Further Education (NLFE) will provide support to the further education sector, to help improve provision so that more people have access to high quality education and training.

All the NLFEs, confirmed today by Apprenticeships and Skills Minister Anne Milton, are college leaders from good or outstanding colleges who have a strong track record of delivering improvement – both in their own colleges and in working with others.

Apprenticeships and Skills Minister Anne Milton said:

We have a number of fantastic leaders across the FE sector, who have already achieved great results. Now we want them to use their expertise and experience to help other colleges to improve.

This is an exciting new programme that will provide colleges with practical advice and support from experts within the sector, who have a proven track record of delivering results, giving learners a greater chance of gaining the skills and knowledge they need in later life.

It has also been announced that seven new members have been appointed to the Principals’ Reference Group, made up of experienced principals from good or outstanding colleges, who will advise and challenge the FE Commissioner and help inform policy development affecting colleges.

Additionally, more Deputy FE Commissioners and Advisers have been selected to support the FE Commissioner in leading interventions to help struggling FE and sixth form colleges.

These high quality appointments were made following a rigorous and open recruitment process.




News story: New DBS basic check service goes live

If you need a basic disclosure check for a job in England and Wales, you should apply to the Disclosure and Barring Service (DBS), which now provides the service for England and Wales. If you need a basic check for a job in Scotland, then you should apply to Disclosure Scotland. If you want a check for personal reasons rather than work purposes, you should apply to the relevant organisation for your area – DBS if you live in England or Wales or Disclosure Scotland if you live in Scotland.

If you are an individual applying for your own basic check you will be able to use our new online application route.

If you are an organisation applying for a basic check on behalf of an employee or someone else, you can use a ‘Responsible Organisation’ (RO) – a third party registered with DBS . A list of Responsible Organisations can be found at https://www.gov.uk/guidance/responsible-organisations.

It is important that you apply to the right organisation for your basic check, so that the correct Rehabilitation of Offenders Act (ROA) rules are applied. There is a risk of legal action if incorrect ROA rules are applied and impact a recruitment decision.

If you have any questions, please contact customerservices@dbs.gsi.gov.uk.




News story: Appointments to the advisory committee on business appointments

Jonathan, Susan and Richard have been appointed following an open competition run in accordance with the Commissioner for Public Appointments’ Code of Practice.

The Advisory Committee on Business Appointments was established by the Prime Minister in 1975. The Committee independently advises former Ministers, the Prime Minister, First Ministers for Scotland and Wales, Foreign Secretary, Defence Secretary, and departmental Permanent Secretaries on applications referred to it, under the Government’s Business Appointment Rules (the Rules).

Committee members receive an annual honorarium of £3,000. Members are also eligible to claim any reasonable travel and subsistence expenses incurred in the course of their work.

The appointment of Jonathan Baume, Susan Liautaud and Richard Thomas was made fully in accordance with the Commissioner for Public Appointments Code of Practice. All appointees have declared no political activity within the past five years.

Additional information about the Committee and its work is available on its website.

The membership of the Committee with effect from 1 February 2018 will be:

  • Chair
  • Baroness Angela Browning

Members:

  • Sir Alex Allan
  • Jonathan Baume
  • Lord Michael German OBE
  • Terence Jagger
  • Susan Liautaud
  • The Rt Hon Baroness Liddell of Coatdyke
  • Richard Thomas CBE
  • John Wood



Press release: Strengthened planning rules to protect music venues and their neighbours

Housing developers building new homes near music venues should be responsible for addressing noise issues in a move to protect both music venues and their neighbours, the Housing Secretary has said.

With late-night venues and community sports clubs being forced to make high cost changes following when new residents move into the area, Mr Javid has committed to working closely with the music industry to help strengthen planning policy.

The National Planning Policy Framework, which local authorities are legally bound to comply with, will now be clarified to include a specific mention of the ‘Agent of Change’ principle, and will be consulted on in spring.

The move means developers will be responsible for identifying and solving any sound problems, if granted permission to build, and avoid music venues, community and sports clubs and even churches running into expensive issues as a result of complaints from new neighbours.

Housing Secretary Sajid Javid said:

Music venues play a vital role in our communities, bringing people together and contributing to the local economy and supporting the country’s grass roots music culture.

I have always thought it unfair that the burden is on long-standing music venues to solve noise issues when property developers choose to build nearby.

That’s why I consulted on this in February last year as part of the housing white paper. I am pleased to finally have an opportunity to right this wrong and also give more peace of mind to new residents moving into local properties.

With strong backing from the music industry including the Music Venue Trust, the Ministry of Housing, Communities and Local Government has been working with John Spellar MP following his private member’s bill on this subject to ensure that planning policy reflects what the industry needs.

The government consulted on a proposal to amend national planning policy to give greater emphasis to this matter as part of the housing white paper published on 7 February 2017.

The proposal was that planning policies and decisions should take account of existing businesses and other organisations, such as churches, community pubs and music venues, when locating new development nearby and, where necessary, to mitigate the impact of noise and other potential nuisances arising from existing development.

This will be incorporated into the updated National Planning Policy Framework.