Permanent Secretary to the Lord Chancellor's Office
Encyclopedia
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. Officially titled Her Majesty's Permanent Under-Secretary of State to the Lord Chancellor's Department (although the full title was rarely used) the Permanent Secretary oversaw the day-to-day running of the Department. The position ceased to exist in 2003 when the Lord Chancellor's Department was subsumed into the newly created Department for Constitutional Affairs
, which became the Ministry of Justice
in 2007. Despite existing for 118 years the position was held by only nine individuals, most notably Claud Schuster who served as Permanent Secretary for 29 years under 10 different Lord Chancellors.
, who was the Lord Chancellor at the time and decided to rearrange the offices in the Lord Chancellor's Department, justifying this by pointing out that:
As well as creating the position of Permanent Secretary Selborne's reforms also unified that position with the title of Clerk of the Crown in Chancery
. The first Permanent Secretary was Kenneth Muir Mackenzie
, who had served as Principal Secretary before the reforms. Mackenzie's tenure as Permanent Secretary was marked by traditionalism and cronyism; he refused to use shorthand or typewriting, only employed those who did not oppose him and refused to delegate duties to his subordinates. As such when Claud Schuster was appointed in 1915 he found "a lack of method for the discharge of the ordinary business of the Department and the complete absence of any organisation for a continuous examination of the functions which the department supervised and for laying plans for the future". He immediately attempted to reform the department, expanding the staff and introducing the use of shorthand and typewriters. During his time as Permanent Secretary Schuster showed a greater ability to delegate than his predecessor, and when he left in 1944 the Lord Chancellor's Department was "running like a well-oiled machine". The position underwent greater reform after the Courts Act 1971
came into effect, and was finally abolished after the merger of the Lord Chancellor's Department into the Department for Constitutional Affairs, with the last holder of the office (Sir Hayden Phillips) becoming Permanent Secretary of the Department for Constitutional Affairs.
Despite his position in the Lord Chancellor's Department the Permanent Secretary was in theory politically neutral, and could not be seen to be influencing legislature or judicial appointments. As well as advising on policy the Permanent Secretary was also to be consulted (since the time of William Ewart Gladstone
) whenever a question of public expenditure arose.
Permanent Secretary
The Permanent secretary, in most departments officially titled the permanent under-secretary of state , is the most senior civil servant of a British Government ministry, charged with running the department on a day-to-day basis...
to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales....
and a senior member of Her Majesty's Civil Service. Officially titled Her Majesty's Permanent Under-Secretary of State to the Lord Chancellor's Department (although the full title was rarely used) the Permanent Secretary oversaw the day-to-day running of the Department. The position ceased to exist in 2003 when the Lord Chancellor's Department was subsumed into 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...
, which became 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...
in 2007. Despite existing for 118 years the position was held by only nine individuals, most notably Claud Schuster who served as Permanent Secretary for 29 years under 10 different Lord Chancellors.
History
The position 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 and decided to rearrange the offices in the Lord Chancellor's Department, justifying this by pointing out 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.
As well as creating the position of Permanent Secretary Selborne's reforms also unified that position with the title of 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 first Permanent Secretary was Kenneth Muir Mackenzie
Kenneth Muir Mackenzie, 1st Baron Muir-Mackenzie
Kenneth Augustus Muir Mackenzie, 1st Baron Muir Mackenzie GCB, PC, QC , was a British barrister, civil servant and Labour politician.-Background and education:...
, who had served as Principal Secretary before the reforms. Mackenzie's tenure as Permanent Secretary was marked by traditionalism and cronyism; he refused to use shorthand or typewriting, only employed those who did not oppose him and refused to delegate duties to his subordinates. As such when Claud Schuster was appointed in 1915 he found "a lack of method for the discharge of the ordinary business of the Department and the complete absence of any organisation for a continuous examination of the functions which the department supervised and for laying plans for the future". He immediately attempted to reform the department, expanding the staff and introducing the use of shorthand and typewriters. During his time as Permanent Secretary Schuster showed a greater ability to delegate than his predecessor, and when he left in 1944 the Lord Chancellor's Department was "running like a well-oiled machine". The position underwent greater reform 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....
came into effect, and was finally abolished after the merger of the Lord Chancellor's Department into the Department for Constitutional Affairs, with the last holder of the office (Sir Hayden Phillips) becoming Permanent Secretary of the Department for Constitutional Affairs.
Duties
The Permanent Secretary was required to have "an unusual degree of ability, energy and tact", The Fulton Committee defined a Permanent Secretary's duties as:- To be the Minister's most immediate adviser on policy.
- To be the managing director of the day-to-day operations of the department.
- To hold the ultimate responsibility for questions of staff and organisation.
- To be the Accounting Officer and as such to hold the ultimate responsibility for all departmental expenditure.
Despite his position in the Lord Chancellor's Department the Permanent Secretary was in theory politically neutral, and could not be seen to be influencing legislature or judicial appointments. As well as advising on policy the Permanent Secretary was also to be consulted (since the time of William Ewart Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
) whenever a question of public expenditure arose.
Holders of the office
| Appointed by | Name | Term of office | Notes |
|---|---|---|---|
| Lord Selborne Roundell 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:... |
Kenneth Muir Mackenzie Kenneth Muir Mackenzie, 1st Baron Muir-Mackenzie Kenneth Augustus Muir Mackenzie, 1st Baron Muir Mackenzie GCB, PC, QC , was a British barrister, civil servant and Labour politician.-Background and education:... |
4 March 1885 – 5 July 1915 | |
| Lord Haldane Richard Haldane, 1st Viscount Haldane Richard Burdon Haldane, 1st Viscount Haldane KT, OM, PC, KC, FRS, FBA, FSA , was an influential British Liberal Imperialist and later Labour politician, lawyer and philosopher. He was Secretary of State for War between 1905 and 1912 during which time the "Haldane Reforms" were implemented... |
Claud Schuster | 5 July 1915 – 1944 | |
| Lord Simon John Simon, 1st Viscount Simon John Allsebrook Simon, 1st Viscount Simon GCSI GCVO OBE PC was a British politician who held senior Cabinet posts from the beginning of the First World War to the end of the Second. He is one of only three people to have served as Home Secretary, Foreign Secretary and Chancellor of the Exchequer,... |
Albert Napier Albert Napier Sir Albert Edward Alexander Napier KCB KCVO QC was a British civil servant who served as Permanent Secretary to the Lord Chancellor's Department between 1944 and 1954... |
1944 – 4 June 1954 | |
| Lord Simonds Gavin Simonds, 1st Viscount Simonds Gavin Turnbull Simonds, 1st Viscount Simonds PC, KC was a British judge, politician and Lord High Chancellor of Great Britain.-Background and education:... |
George Coldstream George Coldstream Sir George Phillips Coldstream was a British barrister and civil servant who served as Permanent Secretary to the Lord Chancellor's Department and Clerk of the Crown in Chancery from 4 June 1954 to 5 April 1968. Born to an upper-middle-class family, Coldstream was educated at Rugby School and... |
4 June 1954 – 5 April 1968 | |
| Lord Gardiner Gerald Gardiner, Baron Gardiner Gerald Austin Gardiner, Baron Gardiner, CH, QC, PC , was a British Labour politician, who served as Lord High Chancellor of Great Britain from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since... |
Denis Dobson Denis Dobson Sir Denis William Dobson QC KCB OBE was a British solicitor, barrister and civil servant who served as Permanent Secretary to the Lord Chancellor's Department and Clerk of the Crown in Chancery from 5 April 1968 to 15 April 1977.-Life:Dobson was born on 17 October 1908 to William Dobson, a... |
5 April 1968 – 15 April 1977 | |
| Lord Elwyn-Jones Elwyn Jones, Baron Elwyn-Jones Frederick Elwyn Jones, Baron Elwyn-Jones CH, PC was a Welsh barrister and Labour politician.-Background and education:... |
Wilfrid Bourne | 15 April 1977 – 1 October 1982 | |
| Lord Hailsham Quintin Hogg, Baron Hailsham of St Marylebone For the businessman and philanthropist, see Quintin Hogg Quintin McGarel Hogg, Baron Hailsham of St Marylebone, KG, CH, PC, QC, FRS , formerly 2nd Viscount Hailsham , was a British politician who was known for the longevity of his career, the vigour with which he campaigned for the Conservative... |
Derek Oulton Derek Oulton Sir Antony Derek Maxwell Oulton, GCB, QC, PhD , M.A. is a retired British senior civil servant, was Permanent Secretary of the Lord Chancellor's Department and Clerk of the Crown in Chancery, United Kingdom, 1982–1989.... |
1 October 1982 – 18 September 1989 | |
| Lord Mackay | Thomas Legg Thomas Legg Sir Thomas Stuart Legg, KCB, QC , is a senior former British civil servant, who was Permanent Secretary of the Lord Chancellor's Department and Clerk of the Crown in Chancery, United Kingdom, 1989-1998.-Biography:... |
18 September 1989 – 11 April 1998 | |
| Lord Irvine Derry Irvine, Baron Irvine of Lairg Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, PC, QC , known as Derry Irvine, is a British lawyer and political figure who served as Lord Chancellor under his former pupil barrister Tony Blair.... |
Hayden Phillips | 11 April 1998 – 12 June 2003 |