England: Lord Chief Justice castigates Liz Truss over failure to understand the law

The Lord Chief Justice has excoriated the Lord Chancellor over her failure to understand reforms that are being introduced to spare children from live cross-examination, The Times reports.

Lord Thomas of Cwmgiedd said the Ministry of Justice has a “complete misunderstanding” of evidence reforms, which do not concern adult rape victims.

From September, child witnesses will be allowed to give pre-trial evidence on tape while a similar scheme for alleged adult victims of sexual offences is due to be piloted.

He attributed the failings to a lack of funding as well as expertise at the ministry.

He told the Lords Constitution Committee: “I regret to say that we had to correct a serious misapprehension that had arisen as a result of what the ministry said … about the roll-out, and the way we were proceeding with pre-recorded evidence.

“Judges had fought for the reforms for the pre-recording of children’s evidence brought into effect over some six years. Through the very, very hard work of three judges … we had actually made the pilot work, and we want to roll it out, carefully. It’s quite difficult changing the culture.”

He added: “It was a complete failure to understand the impracticalities of any of this. And that is the kind of thing that is very troubling. The Ministry of Justice is under-resourced. They do not have enough people who understand.”

The judge also criticised Ms Truss over her failure to defend judges last year after the Daily Mail’s headline describing them as “enemies of the people” and after which Lord Thomas had to seek police protection. Ms Truss said it was not her job to tell the media what to print.

He said: “She was completely and absolutely wrong. And I am very disappointed. I can understand how the pressures were on in November but she has taken a position that is constitutionally, absolutely wrong.”

“It really is absolutely essential we have a Lord Chancellor who understands her constitutional duty,” he told the committee.

“There is a difference between criticism and abuse, and I don’t think that that is understood.”

A Ministry of Justice spokesman said: “An independent judiciary is the cornerstone of the rule of law and it is the duty of the Lord Chancellor to defend that independence.”