The Secretary of State for Justice and Lord Chancellor, Jack Straw, took the opportunity last week to defend the Government's record of legislative reform.  He argued that "the general view is that [Labour] should be much more self-confident" when promoting some of the landmark statutes passed in the last decade, such as the Human Rights Act 1998 and Freedom of Information Act 2000.

Straw's remarks came during a reception for the Young Fabians – the junior section of the centre-left think-tank – hosted by Clifford Chance (CC) on Wednesday evening (13 May).  Against the backdrop of a week of dire headlines for politicians across the board, Straw described the MP's expenses scandal as "some of the most difficult few days in the last thirty years, which have been very seriously damaging to public trust".

Nonetheless, the revelations over expenses had arisen indirectly as a result of the Freedom of Information Act 2000, a "measure which has made the state much more accountable than it was". Straw was one of the sponsors of the Bill when it was first brought before Parliament.  Originally the White Paper had suggested that Parliament should be excluded from its provisions, but at the suggestion of two parliamentary committees, it had been expressly included.

Straw highlighted some of the key reforms implemented by the Government in recent years.  In particular he said he was proud of the improvements in diversity in the legal profession.  "One of the terrific things about the legal profession is that there are now greater numbers of women and ethnic minority candidates entering the profession than ever before."  But there was still much work to be done, given that "the middle and senior judiciary are white, middle-class and male".

The concept of human rights has become an almost pejorative term in the British media, and Straw acknowledged that "no point denying people take the view that the Human Rights Act is an 'Aunt Sally', which is blamed for all sorts of things, often unfairly". As a result, the Government has brought forward proposals to introduce a Bill of Rights and Responsibilities in order to "rebalance the case" for the Human Rights Act.  However, the Ministry of Justice White Paper, 'Rights and responsibilities: developing our constitutional framework', published in March 2009, states that "the Government is clear that fundamental rights cannot be legally contingent on the exercise of responsibilities".

When questioned as to the apparent contradiction of introducing rights without concomitant responsibilities, Straw noted that it was necessary to "differentiate between rights which are absolute and those which are to be balanced", but that rights and responsibilities are "two aspects to how we live our lives, even if they are not absolutely symmetrical". 

Straw was also asked whether he felt the Government had decreased accountability as a result of the introduction of the Special Immigration Appeals Commission (SIAC), in which detainees are not told the charges made against them, nor given the opportunity to challenge them directly.  He conceded that "there are conflicts here - it is not a perfect system of justice", but that "on SIAC we have got the balance about right".

However, Straw did accept that there was an argument that some legislative measures had gone too far.  In particular, questions arose over the far-reaching implications of Section 76 of the Counter-Terrorism Act 2008 which, read together with Section 58 of the Terrorism Act 2000, makes it an offence to take photographs of the police or armed forces.  Straw raised the possibility of reviewing the law in the future.  "If we are able to calm the terrorist threat, then I think there is a case for going through the counter-terrorism legislation and asking whether or not it is necessary."

In the wake of the G20 protests, where evidence from photographers and journalists has been crucial to determining the events leading up to the death of Ian Tomlinson, this is to be welcomed. CC public policy head Michael Smyth reacted positively to Straw's pledge, saying: "The Lord Chancellor's determination to look again at some of the extended anti-terror provisions is extremely encouraging".

Thom Dyke will start pupillage at Hardwicke Building in October 2009.