The malignant mediocrity of managerialism
A country ruled by lawyers and HR managers will be culturally dessicated and politically sclerotic
MARCUS WALKER
It is one of history’s ironies that the House of Commons voted to slash trials by jury on the same day as the House of Lords voted finally to expel the last remaining hereditary peers from Parliament.
It was the hereditary barons of England who forced King John to agree that “No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers…” The barons have gone, and so have our ancient liberties, and both on the same day. Only the bishops still sit in that ancient council, heirs of Stephen Langton, the Archbishop of Canterbury who led the barons against the king in 1215. They are unlikely to be removed right now because no Labour leader with any sense would remove 26 cast-iron supporters from the upper house.
There is something more than historical timing that links these two decisions. They both reflect the belief that the only people trusted to make decisions are those who have been properly credentialled and have been authorised by people like us. If you want to know who the “us” is, look at who dominates the Labour Party, the Civil Service, the National Trust, the Church of England, and every other institution of note. A world run for and by a managerial legalistic caste, in which it is impossible to rise, or even survive, if you do not submit to their marks of authority, mediated by speaking the right language, submitting to the right training, earning the right credentials. Deep mediocrity calls to deep mediocrity, and proof of it only comes with a certificate.
Nothing outrages this caste more than authority which comes from elsewhere wielded by people outside their control, and nothing exemplifies this more than a jury. Selected at random, their authority coming precisely because they do not know the law (and until very recently lawyers could not serve on juries). They are the voice of common sense, the “man on the Clapham omnibus” sitting in judgment, and they could not be more hostile to the spirit of the age.
This whole reform is a consequence of having Keir Starmer — the Lanyard Made Flesh — sitting in Number 10. Of course the man who once headed the Crown Prosecution Service believes only lawyers should be involved in judging crime; of course he doesn’t trust any old widow, tramp, salesman, student, business woman, or golf club gardener to try a person for their liberty. How could he? He has been trained and has the certificates for it, they have not. Law is something done to people not by people.
At the other end of the spectrum come the hereditary peers. They, too, are untainted by credentials. They have not been appointed by a Prime Minister or verified by an appointments commission. And before you suggest that MPs stand outside this system by virtue of having been elected, I would invite you to ask how candidates even get on the list to be considered for a seat by a major party. They have had to convince the middle management of their party that they will behave in the manner expected by their particular gatekeepers and (as the depressing number of Labour MPs voting to abolish our ancient rights show) broadly they do as they are told. But peers there by right of inheritance? They are immune. They have no certificate to prove their worth, they have been approved by no committee, they are a glitch in a world obsessed by process. They too must go.
But these credential-administrators are killing Britain. They think that everything is solved by a course, a training session, and a risk assessment. They tie down every spark of ingenuity or independence of spirit. They care for diversity of every sort — except, of course, diversity of thought.
And they hate it when unauthorised, uncredentialled people are able to get on and do things. A whole host of smaller charities, like scout groups and small parishes with income of under £100,000 will soon have to register with the Charity Commission (with all the tiresome paperwork and regulation that comes with it) or close down.
Mandatory courses are imposed even when the authority to impose them is dubious. Members of both Houses of Parliament are now subjected to an increasing number of mandatory training courses — an affront to our principle that those whom the King or the People have sent to Parliament must be free to go about their business unimpeded — as a vehicle to impose managerial authority over a supposedly sovereign parliament. If you are an ordinary member of the congregation delegated to be on the panel to select your new vicar you now have to attend mandatory unconscious bias training.
Maybe this will prove to be the managers’ moment of overreach
All of these are ways of imposing the authority of the managerial caste — from the expulsion of those they cannot control from the Crown Courts and the High Court of Parliament to the micromanaging of every appointment and every charity, this is rule by lanyards for lanyards. And it doesn’t matter that it doesn’t work. It doesn’t matter that those left in Parliament — appointed life peers and MPs elected in 2024 — are so manifestly unsuited to public administration (or even public speaking). It doesn’t matter that increased bureaucracy has killed so much of the voluntary sector. Outcome doesn’t matter; only process matters.
But maybe this will prove to be the managers’ moment of overreach. Maybe the country will realise it is more absurd to accept rule by lawyers and HR managers than the mixed constitution we had before — with its balance of interests and its various different sources of authority — and will choose to throw down the clipboard and tear up the credentials and put our trust back in people once more.
Labour are not only betraying the finest traditions of their own party, but also eight hundred years of legal heritage. The right to trial by jury can be traced back to Magna Carta and began England’s escape from feudalism towards becoming a free society. It is an ancient legal right that should be protected. None of the great Labour Prime Ministers – Clement Attlee, Harold Wilson, and James Callaghan – would have dreamed of such ideological vandalism. But David Lammy is only too happy to take a wrecking ball to our constitution.
What makes this desecration of English liberty so shocking is the fact that the Government’s Bill does not even work on its own terms. We are told that the attack on jury trials is necessary to get the court backlog down. Crown court waiting times were actually lower under the Conservatives until the pandemic. The pandemic had an immense impact on our courts, along with the rest of the public realm. However, this is not new knowledge. If Labour believed this was necessary, then they should have put these changes in their manifesto. If they want proof this will work, then the proposals should have been put out to consultation. Labour decided not to do these things.
Ministers claim they are following the evidence.
Sir Brian Leveson’s claim that stripping back jury trial rights will save twenty per cent of court time has been held up as proof. But Sir Brian’s number is simply a guess. As Sir Brian himself admitted, “How can you find evidence or data without doing it?” What we do have is the Impact Assessment bashed out by officials struggling to keep up with the Government’s efforts to rush the Bill through Parliament. Even their own modelling – if you can call it that – estimates the Crown court time saved will be 3.5 per cent. The Institute for Government calculated that it will actually be closer to one or two per cent.
The Bill will take just one day of oral evidence and give five days to committee members to run through the legislation line by line. That is less time than what was given to the Railways Bill, the Public Authorities (Fraud, Error and Recovery) Bill, and the Pension Schemes Bill. It is about the same time spent on the Salmon Act 1986, which introduced the offence of handling salmon in suspicious circumstances. It is less time than the 44 debates, statements and urgent questions Parliament has heard on Israel, Palestine and Lebanon since the election.
When you look at what is happening in our courts, it is plain to see that juries are not the cause of the backlog nor an obstacle to resolving them. Over 64 Crown courtrooms were empty every day on average over the past year. That is twelve per cent of all Crown courtrooms in England and Wales. Defendants are pleading guilty later in the process, wasting time in the courts. Getting the backlog down requires more efficient use of court time.
Liverpool Crown Court has shown exactly how to do this. Intensive case management has fast-tracked drug offence and domestic abuse cases to secure earlier guilty pleas. Liverpool’s average wait time from charge to trial is 206 days, compared to an average of 321 in England and Wales. Labour MP Kim Johnson, chair of the APPG on Miscarriages of Justice, has called on the Government to look at Liverpool “as an example for what can be delivered nationally”.
But instead of doing the hard yards of court reform, Lammy has chosen to push ahead with this terrible Bill and to avoid another humiliating U-turn. By doing this, he is ignoring how the Bill will actually lead to more court time being wasted. Judges will have to hold hearings on either-way cases to determine whether the likely sentence will be three years or more. In cases with multiple defendants, judges will spend hours listening to each of their representatives. They will spend even more time writing rulings that need to be “appeal proof”.
Juries do not suffer from these constraints.
Jurors can deliberate on reaching a verdict while judges are free to oversee other cases. But under the new legislation, judges will lose this time. Juries also do not need to explain their reasoning after reaching a verdict, while under this law judges must – which will take time, lead to more appeals, and risk the politicisation of the judiciary.
If we take the words of Lammy and his ministers at face value, the reason for this Bill is ideological vandalism. Ministers have explicitly said the change is “ideological” and they would be doing this even if there were no crisis in the courts. This is not the first time Labour politicians and officials have plotted to remove jury trial rights. They tried to attack juries in 1999, 2003, and 2007. Armed with a massive majority, Labour are taking this opportunity to do something they have wanted for a long time.
The modern left-wing project has always wanted to transform Britain from a political constitution into a legal constitution. Less power in the hands of citizens and their representatives. More power to officials and regulators.
Nothing better captures this constitutional shift than the attack on jury trials. In the space of a few months, Labour will transform what has taken centuries to build. This Bill will fundamentally shift the balance of power away from the public and towards the state. This Labour Government is determined to finish the job started by Tony Blair.
We must oppose them every step of the way.

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