David Cameron has brought in a new ministerial team to the Ministry of Justice (MoJ). Former Secretary of State for Justice and Lord Chancellor, Ken Clarke, has been moved to make way for Chris Grayling. Grayling was a last-minute choice for the role of Justice Secretary after Iain Duncan Smith clung on to his job at the Department for Work and Pensions. The new Justice Secretary is perceived as being less liberal on penal policy and human rights than his predecessor. He is also the first incumbent of the role who is not a lawyer. Much significance has been made of this fact, but the last two holders of the post, Ken Clarke and Jack Straw, were only practising lawyers briefly before pursuing political careers. The role has become increasingly a political one, particularly after the expansion of the department to take over prisons and probation services from the Home Office under the last government.

 

It is over prisons that Grayling will face some big challenges. While cuts have been made to the prison building programme, the number of prisoners is not reducing. Clarke lost his battle over trying to cut prisoner numbers by offering reduced sentences for early guilty pleas, after Number 10 caved into pressure from the right of the Conservative Party. Grayling also has to respond to the European Court of Human Rights' judgment on the issue of prisoners' voting rights by November. Unfortunately, politicians seem to have lost the ability of rational thought over this issue and instead of coming up with a coherent policy in response to the judgment seem intent on defying the court. Grayling, at least, being on the right of the Conservative Party, would have an easier job of arguing for a position which meets the requirement of the judgment to consider the issue properly.

 

Reshuffles always produce some surprises, but the loss of Jonathan Djanogly from the MoJ is perhaps the least surprising of the changes announced over the last couple of days. It would be fair to say that Djanogly has proved somewhat accident prone as a politician, being embroiled in a succession of controversies including a damaging row with senior members of his own constituency party. This led him to engage the services of a private detective to spy on them. As the minister responsible for steering the legal aid bill through parliament, his loss of office will not be mourned by legal aid lawyers, and at least it will give him more time to rebuild relationships back in his constituency.

 

LAG understands that Djanogly will be replaced by Helen Grant as the minister responsible for legal aid policy. She is a good choice as, in contrast to Djanogly, a former City lawyer who at best seemed indifferent to legal aid, she worked as a legal aid solicitor. More importantly, she also made some credible interventions in the debate over the legal aid bill, although with an eye perhaps to the promotion she has now secured, she stopped short of voting against the government. Behind the scenes she argued with ministers for concessions, especially around the domestic violence provisions in the bill. Secondary legislation on the evidence criteria which victims of domestic violence will have to satisfy to qualify for legal aid is due before parliament this autumn. The new minister should expect to be pressed by her fellow lawyers to bring forward rules which offer the best protection possible for victims.