Thomas Davidson, a practising barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession, in that, on 7 February 2022 at Salisbury Magistrates Court, following the conclusion of a trial during which he had represented a defendant before a Bench consisting of three Lay Magistrates, and after the Chairperson raised with him the issue of his having used a German accent during the proceedings and telling him that this conduct had been inappropriate, Mr Davidson looked at the Bench and said “Jawohl” at the same time as raising a hand in a Nazi salute, which conduct was seriously offensive and discreditable.
For professional misconduct contrary to Core Duty 5 of the Code of Conduct of the Bar of England and Wales, Thomas Davidson was reprimanded and fined £250 with costs of £1,750.00.
The work that the Bar Standards Board do is governed by the Legal Services Act 2007 (the Act) as well as a number of other statutes.
The BSB Handbook contains the rules about how barristers must behave and work. Version 4.7 of the BSB Handbook came into force on the 20th September 2023.
This is hardly a punishment or deterrent by the Bar Standards Board. Where is the justice in this pathetic reprimand ?
Why was he not dealt with by the magistrates for contempt of court ?
• setting the education and training requirements for becoming a barrister; • setting continuing training requirements to ensure that barristers’ skills are maintained throughout their careers; • setting standards of conduct for barristers; • authorising organisations that focus on advocacy, litigation, and specialist legal advice; • monitoring the service provided by barristers and the organisations we authorise to ensure they meet our requirements; and • considering reported concerns about barristers and the organisations we authorise and taking enforcement or other action where appropriate.
Zaheer Ahmad, called by Lincoln’s Inn in October 2011, suspended from practice for 6 months after failing to comply with a court order (4th April 2024)
Stephen Taylor, called by Inner Temple in July 2002, suspended from practice for 6 months for lying (10th April 2024)
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Section 41 of the Criminal Justice Act 1925 (CJA 1925) makes it an offence to take any photograph, make or attempt to make any portrait or sketch of a justice or a witness in, or a party to, any proceedings before the court, either in the courtroom or its precincts. A court precinct are its buildings and land.
According to the CPS, the penalty on summary conviction is a fine not exceeding level 3 on the standard scale. A Level 3 fine is a maximum of £1,000 and is published on the Sentencing Council website. The CJA 1925, however only provides for a fine not exceeding £50.
(1) No person shall—
(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or
(b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;
and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.
The Criminal Justice Act 1925 comes into effect within the precinct of a Crown Court; whereas the Contempt of Court Act 1981 comes into effect on all other HMCTS sites.
The offence at s41 CJA 1925 can be charged as a criminal offence in accordance with the Director’s Guidance on Charging, or the underlying behaviour can be dealt with by the court as a contempt in accordance with the summary procedure at Rule 48.5 of the Criminal Procedure Rules – see R v D (Contempt of Court: Illegal Photography) [2004] EWCA Crim 1271, or on a later application to the High Court by the Attorney General.
If dealt with by summons or charge normal time limits apply. The decision whether to charge a criminal offence or to bring proceedings for contempt will depend on the facts of the case, including the gravity of the interference with the administration of justice.
In Solicitor General v Cox [2016] EWHC 1241 (QB) the Solicitor General brought proceedings for common law contempt in respect of photos and videos taken in court and posted online along with derogatory comments about the judge. The court found that both the taking and publication of the illegally taken images, accompanied by pejorative comments about a judge, amounted to contempt, in circumstances where the contemnor knew phones were banned and had acted in deliberate defiance of it. The court considered the gravity of the risks and of the interference with the due administration of justice in the case and held that proceedings for contempt, rather than prosecution of the criminal offence, were appropriate.
The case of Cox highlights the extent to which the use of social media can interfere with the administration of justice and the need to take appropriate action. Prosecutors should refer to the Criminal Practice Directions (CPD I General matters 6C. This clarifies the use which may be made of live text-based communications, such as mobile email, social media (including Twitter) and internet-enabled laptops in and from courts).
Where evidence exists of an offence contrary to s.41 CJA 1925 prosecutors should assist the court by reference to the above considerations. The court initially decides on whether action must be taken by application of the summary contempt procedure at Rule 48.5. In the magistrates’ court the summary contempt procedure must be completed that day – see Practice and Procedure below. If the court does not proceed in this manner a decision has to be made on whether to proceed by charge or to refer the matter to the Attorney General having regard to the gravity of the risks and interference with the due administration of justice in the case.
Two options
If the offender is apprehended on the day and the court is sitting advise court that it can deal with it as a contempt of court there and then, using the summary procedure at Rule 48.5 above, or have the police decide whether to charge an offence contrary to s.41 Criminal Justice Act 1925. If a magistrates’ court decides to deal with it there and then it may receive an apology but cannot impose a sanction – see Rule 48.5 procedure above.
If the court does not deal with it there and then the normal police investigation and charge procedure applies. The offence is at s41 Criminal Justice Act 1925. Penalty is a level 3 fine. AG consent is not required so police can charge. Prosecutors note – there is no need to contact AGO when this scenario occurs unless the risks and interference with the due administration of justice was particularly grave. See Solicitor General v Cox where particularly serious issue.
Contempt of Court is conduct that denotes wilful defiance of, or disrespect towards the court, or that wilfully challenges or affronts the authority of the court or the supremacy of the law itself.
Photography Ban and the Crimes and Courts Act 2013
A ban imposed nearly 100 years ago on photography in courts could be lifted under ideas being floated by the government to make the justice system more transparent.
A call for evidence published by the Ministry of Justice today asks if the 1925 prohibition on photography and 1981 prohibition on sound recording remain fit for purpose.
The Crimes and Courts Act 2013 allows the ban to be disapplied in certain circumstances by secondary legislation. For instance, the Court of Appeal and Competition Appeal Tribunal can broadcast proceedings. The Crown court can broadcast sentencing remarks. The Supreme Court is excluded from the two bans because cases heard by the UK’s highest court, which was established in 2009, would have previously been heard in the House of Lords where broadcasting was allowed.
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Judges have a duty to act impartially and without bias. This duty is enshrined in common law principles and is essential for upholding the rule of law.
Recusal is an important ethical and legal principle in the justice system, designed to ensure that legal proceedings are conducted fairly and impartially, and that the rights of all parties are protected. It helps maintain public trust in the legal system and upholds the principles of justice and due process.
The basic principle is that a court or tribunal hearing a case must be impartial and that justice “should not only be done, but should manifestly and undoubtedly be seen to be done”R v Sussex Justices
Recusal is when a judge steps down (recuses) from hearing a case on the basis that it’s not appropriate for them to deal with it. They may have a conflict of interest or there might be actual, presumed or apparent bias against a party. There may also be a real possibility that a fair-minded observer would conclude that the judge should not try the case because they cannot be impartial.
A judge can decide to recuse themselves of their own volition, or a party can make an application for recusal. The application should be made at the beginning of any hearing or proceedings.
A conflict of interest (COI) refers to a situation in which a judge is involved in multiple interests or relationships, and these interests or relationships could potentially compromise their ability to make impartial or objective decisions. In such situations, there is a risk that personal or financial considerations may unduly influence a judge’s actions or decisions.
Following the decision of the Court of Appeal in In Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, the accepted test is that laid down in Porter v Magill [2001] UKHL 67, [2002] 2 AC 357, para 103: “whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”……. The characteristics of the fair-minded and informed observer are now well understood: he must adopt a balanced approach and will be taken to be a reasonable member of the public, neither unduly complacent or naïve nor unduly cynical or suspicious.
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ULEZ is London Mayor Sadiq Khan’s much-hated and deeply unpopular road charge, which has seen protests, violence and vandalism (criminal damage) throughout Greater London.
The ULEZ scheme was expanded to cover all of Greater London on Tuesday 29th August 2023. Ulez charges (fines) older, more polluting vehicles £12.50 a day and is currently the largest clean air zone in the world.
The Ultra Low Emission Zone (ULEZ) operates 24 hours a day, 7 days a week, every day of the year, except Christmas Day (25th December). The zone operates across all London boroughs, and does not include the M25.
At least a quarter of the cameras in London’s newly expanded Ultra Low Emission Zone have been damaged by vandals, new data reveals.
Campaigners this week have stepped up efforts to deface the cameras installed in wake of mayor Sadiq Khan’s controversial extension of the scheme, which is now clobbering thousands more drivers with £12.50 a day charges.
The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property.
Section 1(1) CDA 1971 – A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.
This offence is triable either way – para. 29, Schedule 1 Magistrates’ Court Act 1980 (MCA 1980).The maximum penalty is 10 years imprisonment – Section 4 CDA 1971.
The CDA 1971 requires proof that tangible property has been damaged, not necessarily that the damage itself should be tangible. Property does not however include intangibles or things in action.
It should be widely interpreted to include not only permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness – Morphitis v. Salmon [1990] Crim.L.R. 48.
Any alteration to the physical nature of the property concerned may amount to damage within the meaning of the section.
The courts have construed the term liberally and included damage that is not permanent such as smearing mud on the walls of a police cell.
Where the interference amounts to an impairment of the value or usefulness of the property to the owner, then the necessary damage is established – R v Whiteley [1991] 93 Crim. App. R. 25.
Mens Rea
Mens Rea refers to criminal intent. The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. Mens rea is the state of mind statutorily required in order to convict a particular defendant of a particular crime. Establishing the mens rea of an offender, in addition to the actus reus (physical elements of the crime) is usually necessary to prove guilt in a criminal trial.
Section 5 of the CDA 1971 sets out a defence to criminal damage charges, though not to aggravated criminal damage under s.1(2) – see s.5(1) CDA 1971. A person has a lawful excuse if
they believed at the time that those whom they believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if they had known of the destruction or damage and its circumstances; or
at the time of the act or acts alleged to constitute the offence they believed:
that the property, right or interest was in immediate need of protection; and
that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.
Tried Summarily
The provisions of s. 22 and Schedule 2Magistrates’ Courts Act 1980 (MCA) deal with the determination of mode of trial for those offences, referred to as “scheduled offences” that are mentioned in the first column of Schedule 2 MCA 1980.
Where a person is charged with an offence contrary to s.1(1) CDA 1971 or with aiding, abetting, counselling or procuring such an offence, or with attempting to commit, or inciting such an offence, and the value involved is less than £5,000, they must be tried summarily.
Tried summarily is an offence that can be tried only in a magistrates’ court.
It is important to note that there are two exceptions set out in Schedule 2 where the offence will be triable either way even if the value of the destroyed property or damage amounts to less than £5000. These are:
if the damage was caused by fire (the offence will be arson – see below); and
if the damage was done to a memorial on or after 28 June 2022.
Civil Disobedience on Conscientious Grounds
The common law has always been sensitive to the position of protesters when it comes to both prosecution and sentencing.
“My Lords, civil disobedience on conscientious grounds has a long and honourable history in this country.
People who break the law to affirm their belief in the injustice of a law or government action are sometimes vindicated by history.
The suffragettes are an example which comes immediately to mind. It is the mark of a civilised community that it can accommodate protests and demonstrations of this kind.
But there are conventions which are generally accepted by the law-breakers on one side and the law-enforcers on the other.
The protesters behave with a sense of proportion and do not cause excessive damage or inconvenience. And they vouch the sincerity of their beliefs by accepting the penalties imposed by the law.
The police and prosecutors, on the other hand, behave with restraint and the magistrates impose sentences which take the conscientious motives of the protesters into account.
The conditional discharges ordered by the magistrates in the cases which came before them exemplifies their sensitivity to these conventions.”
Is putting a bag over a ULEZ camera criminal damage ?
I am not a lawyer and this is purely my opinion of the Criminal Damage Act 1971. This is not legal advice ! I am not condoning or encouraging any form of criminal behaviour or civil disobedience.
Putting a bag over a ULEZ camera would be a temporary impairment of usefulness – Morphitis v. Salmon [1990] Crim.L.R. 48 and would therefore be classed as damage. This would be the Actus Reus (physical elements of the crime)
The Mens Rea would be to render the camera unable to carry out it’s function.
The damage would be less than £5000 so if prosecuted, it would be tried summarily in a magistrates’ court.
Civil disobedience on conscientious grounds has a long and honourable history in this country. The police and prosecutors should behave with restraint and the magistrates impose sentences which take the conscientious motives of the protesters into account.
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On the 4th July 2023 at 9.30am a McKenzie Friend and I went through “strict” airport style security at Horsham County Court in Hurst Rd, Horsham RH12 2ET.
Horsham County Court Entrance
Pockets were emptied into a tray and my laptop bag was searched by a Security guard using a torch taped to a ruler. Very unusual apparatus operated by a security guard in a shirt that was once white !
Horsham County Court Security and Staff Smoking Area
One of the Security guards was obviously under pressure to secure the Court building as he was regularly going outside for a smoke !
Hats on Security at Horsham County Court
Inadvertently I left my Eurostar hat on (as pictured) and I wore it during the security screening including going through the airport style metal detector.
At no time was I asked to remove the hat nor was it scanned using the handheld scanner. The CCTV from the Court building, if working, would confirm this. I could request this footage from the Court by submitting a Subject Access Request.
You’ll go through a security check, like you would at an airport. This may include:
emptying your pockets into a tray
taking off your shoes, coat, gloves or hat
being asked to take off or open your belt
walking through an archway detector
being checked by hand or with a handheld scanner
If you’re wearing a head covering for religious or cultural reasons, you can ask for it to be checked with a handheld scanner so you do not have to take it off.
In my opinion, the Security staff at Horsham County Court failed to do their job properly. I do not think a Eurostar hat could ever be classed as a head covering for religious or cultural reasons !
At Horsham County Court it seems that you can leave your hat on !
Horsham County Court Royal Coat of Arms
Horsham County Court Literature
There were a number of leaflet holders in the waiting area that were empty apart from a leaflet about “Restorative Justice For You” and one containing a Mars Bar Wrapper that has been there for at least 3 months !
Restorative Justice For You – Sussex Criminal Justice Board
Are the Sussex Criminal Justice Board as dodgy as the Sussex Family Justice Board ? The MOI will be investigating for a future article.
Horsham County Court Security Review
Horsham County Court Security staff made regular security patrols which was very reassuring. I am aware there were VIP’s in the building including my mentor DDJ Mills !
They used a phone to scan targets that were a circle with a cross hand drawn with a black sharpie on a Tipp-Ex background. Improvisation that rivals the skills of MacGyver.
I couldn’t help but notice that there was a lot of network cables in trunking attached to the ceiling that were secured with red cable ties. This is assumed to be for a secure network, however there were gaps in the trunking and the cables were exposed where they entered the wall. No doubt the Ministry of Justice/HMCTS IT will want to review this as a security risk.
In summary :-
Horsham Security should review their Airport Style security. Can you leave your hat on ?
Improve the appearance of their security staff.
Horsham Court staff or the Ministry of Justice/HMCTS should review their smoking policy on Court premises.
MoJ/HMCTS IT to review the secure cabling.
I will back to Horsham County Court in October 2023 to review again.
You may be interested in the article about the Royal Courts of Justice which explains Court security and spoons !
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The Royal Coat of Arms appear in every courtroom in England and Wales (with the exception of the Magistrates’ court in the City of London*), to demonstrate that justice comes from the monarch and that a law court is part of the Royal Court.
The presence of the Royal Arms explains why lawyers and court officials bow to the judge or magistrates’ bench when they enter the room. They aren’t bowing to the judge – they are bowing to the coat of arms, to show respect for the King’s justice.
You may see some people bow to the judge or magistrate when they walk in or out of the hearing room. You don’t have to do this, but you can if you want to.
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In a world which relies so heavily on email, mistakes such as sending an email to the wrong person can and often happen.
Sending an email containing personal information to the wrong person could constitute a data breach according to GDPR. Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.
GDPR applies to any organisation that operates within the UK, as well as international organisations that provide goods and services to the UK.
An email sent to the wrong recipient is also known as a misaddressed email or a misdirected email.
This is easy to do, especially if more than one person in your address book has the same name.
Tools like Autofill predict who you’re emailing when you start typing someone’s name in the ‘To’ field. It’s a quick way to go through your address book. But the few seconds you save by using Autofill could end up costing you a lot more if you send personal data to the wrong person by mistake.
The ICO publish, in my opinion, minimal guidance on what to do to fix this :-
Act quickly. Try to recall the email as soon as possible. If you can’t recall it, contact the person who received it and ask them to delete it. In the future, consider turning off the Autofill tool when sending work emails.
In addition to the guidance from the ICO, you should as the sender of the email, immediately contact the Data Protection Officer (DPO) in your organisation so they can assess the data breach and report it to the ICO if necessary.
The ICO has a search page which makes it easy to find organisations and people registered with the Information Commissioner’s Office (ICO) under the Data Protection Act 2018.
If you have received an email in error that contains personal information that you suspect may be in breach of GDPR,you may wish to contact the senders DPO as well as the ICOto report the Personal Data Breach (PDB).
What is the 72 Hour Rule ?
Part 3 of the Data Protection Act 2018 introduced a duty on all organisations to report certain types of personal data breach to the Information Commissioner. This must be done within 72 hours of becoming aware of the breach, where this is possible.
Step six: If necessary, act to protect those affected
Step seven: Submit your report (if needed)
What is a Personal Data Breach
A personal data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This means that a breach is more than just losing personal data.
What is Personal Data ?
Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.
You are legally obliged to notify the ICO of a data breach if it is likely to result in a risk to the rights and freedoms of individuals. If the data breach is left unaddressed would the data breach have a significant detrimental effect on individuals ?
For example:
result in discrimination;
damage to reputation;
financial loss; or
loss of confidentiality or any other significant economic or social disadvantage.
In more serious cases, for example those involving victims and witnesses, a personal data breach may cause more significant detrimental effects on individuals.
You have to assess this on a case by case basis and you need to be able to justify your decision to report a breach to the Information Commissioner.
Following the incident, a thorough internal review should be conducted to identify the root cause and implement measures to prevent future occurrences. This may include training, implementing additional security measures, improving data handling protocols, or enhancing email verification systems.
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In England and Wales, judicial review is a legal process through which the courts review the lawfulness of decisions made by public bodies.
It is a mechanism that allows individuals or organizations to challenge the actions, decisions, or omissions of public authorities to ensure that they have acted within the powers conferred upon them by law.
The purpose of judicial review is to hold public bodies accountable for their actions and decisions, ensuring that they act lawfully, fairly, and within the scope of their authority.
It is an essential aspect of the rule of law and serves as a check on the exercise of power by the government and other public bodies.
Judicial review can be sought in relation to a wide range of decisions, including those made by central government departments, local authorities, regulatory bodies, and other public bodies. It covers various areas such as immigration, planning, education, healthcare, and administrative decisions.
To initiate a judicial review, the claimant must establish that they have sufficient standing to bring the case, meaning they must have a sufficient interest in the matter. They must also demonstrate that there are valid grounds for review, such as illegality, irrationality, procedural impropriety, or a breach of human rights.
If the court finds in favour of the claimant, it can quash the decision in question, declare it unlawful, or provide other appropriate remedies.
Judicial review is typically conducted by the Administrative Court, which is a specialised division of the High Court of Justice in England and Wales.
Appeals from the Administrative Court’s decisions can be made to the Court of Appeal and, in certain circumstances, to the Supreme Court.
Apply for a judicial review of a decision
To ask the court for permission to proceed with a claim for a judicial review and to give details of the claim, the Judicial review claim form (Administrative Court)Form N161 must be completed and submitted to the appropriate Administrative Court.
You must make the claim in the appropriate Administrative Court in:
The Courts and Tribunal Judiciary publish the Administrative Court Judicial Review Guide 2022 which provides detailed legal guidance on bringing a judicial review case in the Administrative Court.
HM Courts & Tribunals Service published the guidance Administrative Court: bring a case to the court. This shows how to use the Administrative Court, part of the High Court which hears cases about judicial reviews, statutory appeals and extradition.
Civil Practice Direction 54A – JUDICIAL REVIEW sets out the procedures to be followed when bringing proceedings before the courts. Please note that the Practice Directions in general supplement the CPR’s.
If the Judicial review is urgent and must be considered within 7 days Form N463Ask the court to urgently consider a claim for a judicial review must be completed as well as the Judicial review claim form (Administrative Court) Form N161.
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Cafcass stands for Children and Family Court Advisory and Support Service. Cafcass “independently advise the family courts about what is safe for children and in their best interests”(*)
Cafcass has come under scrutiny in recent years due to a number of controversies and criticisms. One of the main criticisms has been utter incompetence, bias and the high caseloads faced by FCAs. This made it difficult for Cafcass to provide the level of support and attention needed by children and families.
(*) Cafcass are a very dangerous and biased organisation.This statement is untrue.
Cafcass has a number of resources available on its website to help families understand the court process and their rights, including guides on child arrangements, parental responsibility, and adoption. Cafcass also provides a range of support services for children, including counselling and therapy.
Children and Family Court Advisory and Support Service and Family Court Reform
Is the Sussex Family Justice Board evidence of bias, secrecy and injustice rife within the judiciary, justice system and legal profession in the UK ?
About Cafcass
Cafcass represents children in family court cases in England. Cafcass independently advise the family courts about what is safe for children and in their best interests. Cafcass put their needs, wishes and feelings first, making sure that children’s voices are heard at the heart of the family court setting. Operating within the law set by Parliament (Criminal Justice and Court Services Act 2000) and under the rules and directions of the family courts, we are independent of the courts, social services, education and health authorities and all similar agencies.
Cafcass duty is to safeguard and promote the welfare of children going through the family justice system, supporting over 140,000 children every year by understanding their experiences and speaking up for them when the family court makes critical decisions about their futures.
Cafcass is the largest employer of qualified social workers in England and is deeply committed to making a positive difference to each child we support. We are proud that everyone working for Cafcass is united in improving the lives of children, families and carers.
Our experienced Family Court Advisers (FCA) may be asked by the court to work with families and then advise the court on what we consider to be the best interests of the children involved in three main areas:
divorce and separation, sometimes called ‘private law’, where parents or carers can’t agree on arrangements for their children
care proceedings, sometimes called ‘public law’, where social services have serious concerns about the safety or welfare of a child
adoption, which can be either public or private law.
Cafcass also actively work with our partners to identify solutions to help reduce the increasing pressures on the family courts and to improve the experiences and outcomes for children and families.
The Children and Family Court Advisory and Support Service (Cafcass) was formed on 1 April 2001 as part of the Government’s commitment to supporting families and children.
It brought together the services previously provided by the Family Court Welfare Service, the Guardian ad Litem Services and the Children’s divisions of the Official Solicitor’s Office.
Cafcass is sponsored by the Ministry of Justice and is a non-departmental public body.
Cafcass annual reports and accounts are laid before Parliament and show how Cafcass performed each year and how they spent their budget.
The Annual Report and Accounts 2021-22 were approved by the Cafcass Board in October 2022, subject to any changes from the National Audit Office (NAO). The accounts were signed off by the NAO on 12 December 2022.
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I am writing to resign from your government, following receipt of the report arising from the inquiry conducted by Adam Tolley KC. I called for the inquiry and undertook to resign, if it made any finding of bullying whatsoever. I believe it is important to keep my word.
It has been a privilege to serve you as deputy prime minister, justice secretary and lord chancellor. I am grateful to have had the opportunity to work as a minister in a range of roles and departments since 2015, and pay tribute to the many outstanding civil servants with whom I have worked.
Whilst I feel duty bound to accept the outcome of the inquiry, it dismissed all but two of the claims levelled against me. I also believe that its two adverse findings are flawed and set a dangerous precedent for the conduct of good government. First, ministers must be able to exercise direct oversight with respect to senior officials over critical negotiations conducted on behalf of the British people, otherwise the democratic and constitutional principle of ministerial responsibility will be lost. This was particularly true during my time as foreign secretary, in the context of the Brexit negotiations over Gibraltar, when a senior diplomat breached the mandate agreed by cabinet.
Second, ministers must be able to give direct critical feedback on briefings and submissions to senior officials, in order to set the standards and drive the reform the public expect of us. Of course, this must be done within reasonable bounds. Mr Tolley concluded that I had not once, in four and a half years, sworn or shouted at anyone, let alone thrown anything or otherwise physically intimidated anyone, nor intentionally sought to belittle anyone. I am genuinely sorry for any unintended stress or offence that any officials felt, as a result of the pace, standards and challenge that I brought to the Ministry of Justice. That is, however, what the public expect of ministers working on their behalf.
In setting the threshold for bullying so low, this inquiry has set a dangerous precedent. It will encourage spurious complaints against ministers, and have a chilling effect on those driving change on behalf of your government – and ultimately the British people.
Finally, I raised with you a number of improprieties that came to light during the course of this inquiry. They include the systematic leaking of skewed and fabricated claims to the media in breach of the rules of the inquiry and the Civil Service Code of Conduct, and the coercive removal by a senior official of dedicated Private Secretaries from my Ministry of Justice Private Office, in October of last year. I hope these will be independently reviewed.
I remain as supportive of you and this government, as when I first introduced you at your campaign leadership launch last July. You have proved a great prime minister in very challenging times, and you can count on my support from the backbenches.
“I, , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”
The Prime Minister Rishi Sunak appointed Adam Tolley KC to conduct an independent investigation into two formal complaints which have been made about the conduct of the Rt Hon Dominic Raab MP, the Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice.
As an independent investigator, Adam Tolley KC has been asked to:
Establish the specific facts surrounding the formal complaint made on 15 November about Mr Raab’s conduct at the Ministry of Justice;
Establish the specific facts surrounding the formal complaint made on 15 November about Mr Raab’s conduct at the Foreign, Commonwealth and Development Office.
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