Grayling testing resolve of Tory lawyers

All professions have many practitioners of a naturally Conservative bent, and the law is no different. But as a general election approaches, it seems clear Chris Grayling’s tenure at the Ministry of Justice is sorely testing what one might have assumed was his natural constituency.

We know what Dominic Grieve and Kenneth Clarke think about his attitude to human rights, for example, but there is more to it than that.

It isn’t just the ‘usual suspects’ and opposition parties who are bemused by policies which seem to undermine the rule of law and may even put solicitors out of business.

One Conservative lawyer friend told me he couldn’t see the logic in changes to judicial review and was certainly not convinced by Grayling’s rather flimsy argument in the commons in favour of reform.

The Tories I know think of themselves as custodians of justice. Yet they see their party erecting huge barriers to legal aid for some of the most vulnerable people in society – and then fighting tooth and nail to repel objections. They see a party that has ushered in confusing and costly civil justice reforms and now plans to charge extra fees simply for going to court.

Grayling constantly accuses lawyers of selfishness and greed – as a ‘producer interest’, their views can simply be disregarded.

He told ConservativeHome earlier this month that his status as a non-lawyer lord chancellor enables him to take a dispassionate view, not ‘cup-tied’ to a previous legal career. Is he really suggesting lawyers are not capable of being dispassionate when it comes to upholding the rule of law?

The problem this constituency has is that it feels personal. It seems this government simply has it in for lawyers and by extension, them. It’s like getting tickets for your favourite band and being slapped in the face on arrival at the door.

Take Jerry Hayes, Conservative MP for Harlow for 14 years and now back practising criminal law. Last week Hayes described the justice secretary in his blog as ‘incompetent and a disgrace’ – and that was at the milder end of his comments. And he’s supposed to be on the same side.

Will any of this make a difference to the general election? Unlikely. We received a rather silly press release from a social media site suggesting that 82% of users had said they would be more likely to vote Conservative if Grayling were moved on. He’ll almost certainly move on anyway, regardless of the result.

Few, if any, voters will enter the ballot box having been swayed decisively by justice policies. But for Conservative lawyers, they will face the inner conflict of supporting a party that has shown them precious little love in recent years. Of course, you might reasonably argue that New Labour was no better, though that is an argument for another day. And notwithstanding last week’s commitment on legal aid, those who believe a Labour government would restore the ‘status quo ante’ are deluded. 

Contrary to popular opinion, Chris Grayling does not hate lawyers. I suspect he finds them tiresome and rather daunting, but he maintains respect for the job they do. But his reign at 102 Petty France is unlikely to be remembered with any great fondness, even by many Tories.

John Hyde is Gazette deputy news editor