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updated on 12 April 2017
The many members of the legal profession who harbour doubts over Lord Chancellor Liz Truss have been joined by some of her cabinet colleagues following a series of blunders at the Ministry of Justice (MoJ), briefings to the press made clear last week.
Last week the government was forced to deny that Truss' position was under scrutiny, following briefings by "senior government sources" to the Daily Telegraph of "concerns" that her department is "not fit for purpose". Much criticism centres on the confusion Truss apparently caused over whether rape victims would be allowed to give evidence via video link in an interview to the Times in which she imparted inaccurate information, which prompted Lord Chief Justice Lord Thomas to accuse Truss of "misleading" the public over rape cases. Truss has also been criticised for refusing to defend high court judges who came under attack during the Brexit court case and the way that she has handled the dangerous shortage of prison staff, as well as a conflict of interest regarding Truss's dual role as lord chancellor and justice secretary. (The lord chancellor is supposed to speak up for the judiciary and wider legal profession, as well as the concept of justice, but merging this role with that of justice secretary has made it a political appointment, without the impartiality desired by senior judges and an increasing number of MPs, including those on the Conservative back benches).
A cabinet minister told the Telegraph that there is a growing feeling that roles of lord chancellor and justice secretary should once again be split to preserve the independence and integrity of the legal profession, especially the judiciary. Sources also suggested that the lord chancellor role should be given to an MP with legal experience, as was the case for centuries before the most recent three lord chancellors including Truss, who have had no legal experience or qualifications whatsoever.
Although reports have circulated that the government is aware that all is not well at the MoJ and is studying the feasibility of potential changes, the prime minister’s office has so far denied that any change to Truss's role is being considered.