'I want to bang the drum for the UK's legal services' – Justice Secretary David Gauke on Brexit, the City and thinking like a lawyer
Former Macfarlanes lawyer David Gauke on his post-Brexit hopes for the legal profession
March 13, 2018 at 06:56 AM
6 minute read
The original version of this story was published on Law.com
"I want to be ambitious about our relationship with the EU to ensure that Brexit does not cause disruption or put us at a disadvantage when it comes to the recognition of legal professional qualifications, enforcing judgments, and so that we can get the deep and special partnership with the EU that we want," says new Lord Chancellor and Secretary of State for Justice David Gauke.
Having been Secretary of State for Work and Pensions for just seven months, Gauke (pictured) admits that he did not expect to be leading the Ministry of Justice (MoJ) after Theresa May's cabinet reshuffle in January. But, when he was called into Downing Street early in the day, he realised "something must be up".
In becoming the Secretary of State for Justice, Gauke also became the first solicitor to hold the position of Lord Chancellor. As Justice Secretary, he says that he is focused on ensuring he has a good relationship with the legal profession and judiciary to "work together on Brexit, making sure that we get the right deal for the UK".
"It is important that we continue to be open and outward looking as a country and having a close trading relationship with the EU is very important in the context of legal services," Gauke says, adding: "It is important that we look at recognition of legal qualifications as that is important for lawyers and law enforcement is clearly an important area."
Recent proposals for a new, modernised court complex in the Square Mile – described by former justice minister Dominic Raab as "a terrific advert for post-Brexit Britain" – raised eyebrows among litigators last year. Partners, pointing towards increases to court fees for commercial cases and the relatively new Rolls Building, suggested that the complex should not be a priority. Despite this, Gauke says he is "supportive of the ambition" behind the plans.
"To bring together the various aspects that are going to be covered by that court complex makes a lot of sense," Gauke says, "It is located in an area well placed to other courts. I think it is a signal of where we are going and something which should be attractive."
The court complex will also be equipped with technology aimed at improving its services, something Gauke champions. He adds: "The places that are most willing to embrace technology are likely to be those that are seen as the place to do business. That includes not only what private firms do, but also what we as a state do. Technology makes life easier for parties in a claim, it can improve the efficiencies of a process and reduce costs."
Prior to entering politics, Gauke qualified with Richards Butler (now part of Reed Smith) before becoming a commercial lawyer with Macfarlanes, where he remained until becoming an MP in 2005. His wife, Rachel, works as a professional support lawyer at LexisNexis. Gauke says that he feels his background and that he can "think like a lawyer" will help him communicate with the City and the judiciary.
As well as being the first solicitor to ever hold his role, he is also the first lawyer in the post since Ken Clarke's tenure from 2010 to 2012, since when a succession of non-lawyers, including Chris Grayling and Michael Gove, have passed through the office.
This period of relative upheaval in the MoJ – Gauke is the sixth Conservative Secretary of State for Justice since 2010 and the third since Theresa May became Prime Minister in July 2016 – has caused communication issues with the City, but Gauke is keen to engage with the profession and act as vocal proponent for English law.
"I hope my background helps me to be an advocate for the UK, English law and English jurisdiction and to make the case around the world that we are a very good place for legal services," he says. "I have an outward-looking approach and don't want to be locked up in Petty France, not speaking to people. I hope I can work closely with the legal profession, in terms of communicating to the rest of the world what the UK has to offer."
Gauke will not be drawn on whether Michael Gove's previously-shelved plans for a tax on City law firms to cover the revenue lost from scrapping controversial criminal court fees are still off the table. "Having been in the Treasury for a long time, I held the view quite strongly that tax matters are for the Treasury," he explains. "Now that I am no longer in the Treasury I think to be consistent I should hold that position."
Similarly, on the upcoming legal aid review expected to be published in the summer, Gauke is unwilling to speculate, saying there is still work to be done before the findings are made public. On the issue of disclosure failings, which hit the press following the collapse of four rape cases in a matter of weeks in January, he says the vital issue is ensuring that the Crown Prosecution Service and police fulfill their responsibilities.
Gauke says he sees his role as one that should "bang the drum for the UK's legal services".
"When I was a trainee solicitor, I remember working on a shipping litigation case where the only connection to the UK was the fact that the relevant contract was under English law and jurisdiction," he adds. "It was a dispute in respect to a ship almost precisely the other side of the world, and was being dealt with here because we are seen as being trusted and provide high-quality legal services.
"It is incredibly satisfying to make the case to foreign businesses as to why the UK is a good place to locate. If I can promote the case to people about why the UK's legal services are among the best in the world, then that is really encouraging – that is something I very much want to do."
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