Sunday, October 09, 2005

Falconer 'tried to bury' report into fixing court job

New Labour Lord Falconer, the lord chancellor, has been accused of lobbying against publication of a damning report by a government watchdog that found he had acted “inappropriately” in appointing an acquaintance as a senior judge.

The affair has angered key figures in the judiciary who have privately condemned it as political interference.

Senior figures, including Sir Colin Campbell, head of the Judicial Appointments Commission (JAC), and Sir Andrew Morritt, head of the High Court’s chancery division, are said to be furious with Falconer after he intervened to appoint Wyn Williams QC to a £126,000-a-year post running the chancery division in Wales.

A report on the affair, to be published next week in the JAC’s annual report, has concluded that Falconer wrongly intervened to appoint Williams, who had been a guest at a party at his London home. A panel ruled Williams was not sufficiently qualified.

The report states: “We found that the lord chancellor had acted inappropriately, in relation to the appointment criteria and procedures in deciding to appoint a candidate found . . . not to meet one of the criteria.”

The investigators interviewed Falconer and examined notes he had made to justify his decision. But they concluded: “It is difficult to see how he reached that view.”

Well-placed legal sources claimed last week Falconer tried to lobby against publication of the report, but was opposed by officials. One said: “He has worked very hard to dissuade the commission from publishing.”

Williams has acted for the government over suspected Islamic terrorists, but chancery work involves land disputes, trust law and commercial matters.

Williams, 54, was part of the intake called to the bar with Falconer in 1974. He said he had not yet seen the report and was unaware of the criticisms. “I applied for the job because I thought I was able to do it. I don’t think there’s any reason why I should be secretive about this,” he said. “On one occasion I believe I attended a party at Lord Falconer’s house for a mutual friend from his chambers who was getting engaged. It is possible that when I visited my friend at his chambers I may [also] have met Lord Falconer.”

Falconer said he had not seen the report before it appeared on the JAC website last month. “I have absolutely no doubt Wyn Williams was the best person for the job,” he said. “I have complete confidence in his ability, as does the lord chief justice.”


From David Leppard at The Sunday Times

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