Judiciary attacks Whitehall reforms

The creation of the Ministry of Justice has come in for serious criticism from the most senior judge in England and Wales.

Lord chief justice Lord Phillips on Tuesday disclosed that ministers failed to reach agreement with the judiciary on key issues before the new department was established.

Giving evidence to the constitutional affairs committee, Lord Phillips told MPs that a "fundamental review" of the effect of the shake-up was now necessary.

The Ministry of Justice was brought into being when John Reid combined the Department for Constitutional Affairs with the prison and probation responsibilities of the Home Office.

The home secretary has sought to refocus is department on tackling serious crime and anti-social behaviour and fighting terrorism.

"The impetus of this position was anxiety on the part of the home secretary to clear the decks so that he could make a concerted attack on terrorism," said Lord Phillips.

"It was not a decision taken because it was thought that it was a very good idea to have a Ministry of Justice."

The lord chief justice denied the current situation was a constitutional crisis, but described it as a "constitutional problem".

After judges raised concerns such as protecting court funding and judicial independence, it had proved impossible to strike a deal under parameters set out by the government, he said.

"It became very apparent to my negotiating team that it was not going to be possible to reach an agreement within these parameters," Lord Phillips told the MPs.

"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."

Chairman of the committee Alan Beith said: "I've been in Parliament for 34 years and I don't think I've ever seen such clear anger and concern on the part of senior judiciary."

But justice secretary Lord Falconer replied: "You asked the lord chief justice if he was angry. He said no."

And the cabinet minister denied claims that the government had created a constitutional crisis.

"The point that has been reached is that parties are extremely close to an agreement. The discussions, as I understand it, still continue," he said.