Lord Chancellor's Department
Encyclopedia
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor
with jurisdiction over England and Wales
.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancellor in his day-to-day duties, the department grew in power over the course of the 20th century, and at its peak had jurisdiction over the entire judicial system and a staff of over 22,000. Before it was merged into the Department for Constitutional Affairs
(now the Ministry of Justice
), it was the oldest United Kingdom government department.
, who was the Lord Chancellor at the time. The Lord Chancellor was the only cabinet minister (other than those without portfolio
) not to have a department of civil servants answerable to him, and justified the expenditure of creating a permanent department by saying that:
The department was originally named the Lord Chancellor's Office, with the first employees simply being transferred from Selborne's personal retinue to the new office. The need for the office was partly due to the Supreme Court of Judicature Acts of 1873
and 1875
, which significantly changed the structure of the courts and increased the Lord Chancellor's workload as he struggled to enact the changes that the Acts required. Due to the odd nature of the Lord Chancellor's Office compared to other government departments (it was staffed almost entirely by lawyers and had an initial staff of only five) it developed slightly differently to other departments, regarding itself more as a lobbying
organisation for the Judges and the Courts than a traditional government department.
The office was initially little more than a personal entourage for the Lord Chancellor and did little administrative work, with it being described in 1912 as "not far removed from an interesting little museum". The appointment of Claud Schuster as Permanent Secretary
in June 1915 changed this; he set about reforming the office to allow it to effectively run the court system. Initially with only a limited jurisdiction the Lord Chancellor's Department grew in power in the 1920s, with the transfer of control of the County Court
s from HM Treasury
to the department in 1922 and the Supreme Court (consolidation) Act 1925.
The power of the department reached its peak after the Courts Act 1971
was passed, which modernised the English court system and put the Lord Chancellor's Department in direct control. Such a large increase in powers necessitated a change of office; previously the department had worked out of the Lord Chancellor's offices in the House of Lords
, but it now moved to dedicated offices in Whitehall
. The passing of the Supreme Court Act 1981 and a 1992 move that transferred responsibility for the Magistrates Courts to the department also served to increase its responsibilities. The department ceased to exist as an independent body in 2003, when its functions were transferred to the newly created Department for Constitutional Affairs
.
and assisting in the reform of the English law
. To this end it controlled the Public Trust Office, the Courts Service
, the Official Solicitor's Office
, the Office of the Judge Advocate General, the Legal Aid Board and several more government agencies.
, a senior member of Her Majesty's Civil Service who also served as Clerk of the Crown in Chancery
. The office he ran was initially small, consisting of five individuals; the Permanent Secretary, his personal secretary, the personal secretary to the Lord Chancellor, the Secretary of Presentations (who advised the Lord Chancellor on the appointment of senior members of the Church of England
) and the Secretary of Commissions (who advised the Lord Chancellor on the appointment of magistrates
). The department stayed small compared to other ministerial departments; in the 1960s it had a staff of only 13 trained lawyers and a few secretaries. The passing of the Courts Act 1971
and the additional duties it gave to the Lord Chancellor's Department forced it to expand, and by the time it ceased to exist as an independent department it had a staff of 12,000 direct employees, 10,000 indirect employees, 1,000 buildings (more than any other government department) and a yearly budget of £2.4 billion.
also had to be a barrister
of at least seven years standing, and the Deputy Secretary always succeeded the Permanent Secretary when he retired. Both of these changed in 1990.
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
with jurisdiction over England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancellor in his day-to-day duties, the department grew in power over the course of the 20th century, and at its peak had jurisdiction over the entire judicial system and a staff of over 22,000. Before it was merged into the Department for Constitutional Affairs
Department for Constitutional Affairs
The Department for Constitutional Affairs was a United Kingdom government department. Its creation was announced on 12 June 2003 with the intention of replacing the Lord Chancellor's Department...
(now the Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
), it was the oldest United Kingdom government department.
History
The department was created in 1885 by Lord SelborneRoundell Palmer, 1st Earl of Selborne
Roundell Palmer, 1st Earl of Selborne PC , was a British lawyer and politician. He served twice as Lord Chancellor of Great Britain.-Background and education:...
, who was the Lord Chancellor at the time. The Lord Chancellor was the only cabinet minister (other than those without portfolio
Minister without Portfolio
A minister without portfolio is either a government minister with no specific responsibilities or a minister that does not head a particular ministry...
) not to have a department of civil servants answerable to him, and justified the expenditure of creating a permanent department by saying that:
The Lord Chancellor, though Minister of Justice for almost every purpose unconnected with the Criminal Law, had no assistance of the kind given to the other chief Departments of State, either of permanent secretaries or under secretaries. The officers attached to him were personal and liable to change with every change of government.. but on each change of government the lack of continuity was more or less felt; and as the Lord Chancellor's Department work had a constant tendency to increase, the pressure of that lack increased with it.
The department was originally named the Lord Chancellor's Office, with the first employees simply being transferred from Selborne's personal retinue to the new office. The need for the office was partly due to the Supreme Court of Judicature Acts of 1873
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
and 1875
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
, which significantly changed the structure of the courts and increased the Lord Chancellor's workload as he struggled to enact the changes that the Acts required. Due to the odd nature of the Lord Chancellor's Office compared to other government departments (it was staffed almost entirely by lawyers and had an initial staff of only five) it developed slightly differently to other departments, regarding itself more as a lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
organisation for the Judges and the Courts than a traditional government department.
The office was initially little more than a personal entourage for the Lord Chancellor and did little administrative work, with it being described in 1912 as "not far removed from an interesting little museum". The appointment of Claud Schuster as Permanent Secretary
Permanent Secretary to the Lord Chancellor's Office
The Permanent Secretary to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department and a senior member of Her Majesty's Civil Service...
in June 1915 changed this; he set about reforming the office to allow it to effectively run the court system. Initially with only a limited jurisdiction the Lord Chancellor's Department grew in power in the 1920s, with the transfer of control of the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s from HM Treasury
HM Treasury
HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...
to the department in 1922 and the Supreme Court (consolidation) Act 1925.
The power of the department reached its peak after the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
was passed, which modernised the English court system and put the Lord Chancellor's Department in direct control. Such a large increase in powers necessitated a change of office; previously the department had worked out of the Lord Chancellor's offices in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, but it now moved to dedicated offices in Whitehall
Whitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
. The passing of the Supreme Court Act 1981 and a 1992 move that transferred responsibility for the Magistrates Courts to the department also served to increase its responsibilities. The department ceased to exist as an independent body in 2003, when its functions were transferred to the newly created Department for Constitutional Affairs
Department for Constitutional Affairs
The Department for Constitutional Affairs was a United Kingdom government department. Its creation was announced on 12 June 2003 with the intention of replacing the Lord Chancellor's Department...
.
Remit
At the time of its merger the Lord Chancellor's Department was charged with appointing and advising on the appointment of judges, running the court system and a certain number of tribunalsTribunals in the United Kingdom
The tribunal system of the United Kingdom is part of the national system of administrative justice with tribunals classed as non-departmental public bodies...
and assisting in the reform of the English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. To this end it controlled the Public Trust Office, the Courts Service
Her Majesty's Courts Service
Her Majesty's Courts Service is an executive agency of the Ministry of Justice and is responsible for the administration of the civil, family and criminal courts in England and Wales....
, the Official Solicitor's Office
Official Solicitor
The Office of the Official Solicitor is a part of the Ministry of Justice of the Government of the United Kingdom. The Official Solicitor acts for people who, because they lack mental capacity and cannot properly manage their own affairs, are unable to represent themselves and no other suitable...
, the Office of the Judge Advocate General, the Legal Aid Board and several more government agencies.
Structure
The office was run by the Permanent Secretary to the Lord Chancellor's OfficePermanent Secretary to the Lord Chancellor's Office
The Permanent Secretary to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department and a senior member of Her Majesty's Civil Service...
, a senior member of Her Majesty's Civil Service who also served as Clerk of the Crown in Chancery
Clerk of the Crown in Chancery
In the Government of the United Kingdom, the Clerk of the Crown in Chancery is a senior civil servant who is the head of the Crown Office. The Crown Office, a section of the Ministry of Justice, has custody of the Great Seal of the Realm, and has certain administrative functions in connection with...
. The office he ran was initially small, consisting of five individuals; the Permanent Secretary, his personal secretary, the personal secretary to the Lord Chancellor, the Secretary of Presentations (who advised the Lord Chancellor on the appointment of senior members of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
) and the Secretary of Commissions (who advised the Lord Chancellor on the appointment of magistrates
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
). The department stayed small compared to other ministerial departments; in the 1960s it had a staff of only 13 trained lawyers and a few secretaries. The passing of the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
and the additional duties it gave to the Lord Chancellor's Department forced it to expand, and by the time it ceased to exist as an independent department it had a staff of 12,000 direct employees, 10,000 indirect employees, 1,000 buildings (more than any other government department) and a yearly budget of £2.4 billion.
Peculiarities
The Lord Chancellor's Department was significantly different from other government departments in a number of ways. Until 1992 it had no representative in the House of Commons; as Speaker of the House of Lords the Lord Chancellor could not sit in the House of Commons. The department was also exempt from being scrutinised by the Parliamentary Select Committees, something which changed in 1990. The Permanent SecretaryPermanent Secretary to the Lord Chancellor's Office
The Permanent Secretary to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department and a senior member of Her Majesty's Civil Service...
also had to be a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
of at least seven years standing, and the Deputy Secretary always succeeded the Permanent Secretary when he retired. Both of these changed in 1990.