Editing Kenneth Clarke (section)

===Lord Chancellor and Justice Secretary===
[[File:Kenneth-clarke-hi-res.jpg|thumb|upright=0.9|Clarke as Lord Chancellor, 2011]]
On 12 May 2010, Clarke's appointment as [[Secretary of State for Justice]] and [[Lord Chancellor]] was announced by Prime Minister David Cameron in the [[Cameron–Clegg coalition|Coalition Government]] formed between the Conservative and [[Liberal Democrats (UK)|Liberal Democrat]] parties.<ref>{{cite news |url=http://news.bbc.co.uk/1/shared/election2010/liveevent/ |title=Election 2010 – Live coverage – General Election 2010 |work=BBC News |date=May 2010 |access-date=19 June 2010 |archive-url=https://web.archive.org/web/20120313183641/http://news.bbc.co.uk/1/shared/election2010/liveevent |archive-date=13 March 2012 |url-status=live }}</ref> James Macintyre, political editor of ''[[Prospect (magazine)|Prospect]]'', argued that in this ministerial role he had instigated a process of radical reform.<ref>{{cite web |url=http://www.ethosjournal.com/home/item/291-movers-and-shakers |title=Public service innovators |last=Macintyre |first=James |work=Ethos |publisher=Serco |location=Hook, Hants |year=2010 |access-date=17 January 2012 |archive-url=https://web.archive.org/web/20120119213312/http://www.ethosjournal.com/home/item/291-movers-and-shakers |archive-date=19 January 2012 |url-status=dead  }}</ref>

In June 2010, Clarke signalled an end to short prison sentences after warning it was "virtually impossible" to rehabilitate any inmate in less than 12 months. In his first major speech after taking office, Clarke indicated a major shift in penal policy by saying prison was not effective in many cases. This could result in more offenders being handed community sentences. Clarke, who described the current prison population of 85,000 as "astonishing", received immediate criticism from some colleagues in a Party renowned for its tough stance on law and order. He signalled that fathers who fail to pay child maintenance, disqualified drivers and criminals fighting asylum refusals could be among the first to benefit and should not be sent to prison.<ref>{{cite news |last=Whitehead |first=Tom |url=https://www.telegraph.co.uk/news/uknews/crime/7863613/David-Cameron-insists-short-prison-sentences-to-stay.html |title=David Cameron insists short prison sentences to stay |work=The Daily Telegraph |date=30 June 2010 |access-date=14 July 2010 |location=London |archive-url=https://web.archive.org/web/20100703044919/http://www.telegraph.co.uk/news/uknews/crime/7863613/David-Cameron-insists-short-prison-sentences-to-stay.html |archive-date=3 July 2010 |url-status=live }}</ref>

Clarke announced in February 2011 that the Government intended to scrutinise the relationship between the [[European Court of Human Rights]] and national parliaments.<ref>{{cite news |url=https://www.theguardian.com/law/2011/feb/20/kenneth-clarke-european-court-reform |title=Kenneth Clarke offers hope to Tory critics of human rights court |last=Stratton |first=Allegra |date=21 February 2011 |work=The Guardian |location=London |page=8 |access-date=12 December 2016 |archive-url=https://web.archive.org/web/20160927191719/https://www.theguardian.com/law/2011/feb/20/kenneth-clarke-european-court-reform |archive-date=27 September 2016 |url-status=live }}</ref>

In May 2011, controversy related to Clarke's reported views on sentencing for those convicted of rape resurfaced after an interview on the radio station [[BBC 5 Live]], where he discussed a proposal to increase the reduction of sentences for criminals, including rapists, who pleaded guilty pre-trial, from a third to a half.<ref>{{cite news |url= https://www.bbc.co.uk/news/uk-politics-13444770 |title= In full: Ken Clarke interview on rape sentencing |work= BBC News |date= 18 May 2011 |access-date= 20 June 2018 |archive-url= https://web.archive.org/web/20180717110248/https://www.bbc.co.uk/news/uk-politics-13444770 |archive-date= 17 July 2018 |url-status= live }}</ref> In the interview he incorrectly<ref>{{cite news |date=18 May 2011 |title=Ken Clarke clarifies 'serious rape' remarks |work=BBC News |url=https://www.bbc.com/news/uk-13436429 |access-date=12 September 2023 |quote=''BBC home affairs correspondent Danny Shaw said Mr Clarke had, in any case, not been correct to suggest consensual sex with a 15-year-old would be rape – under the Sexual Offences Act 2003 children under 13 are presumed to be incapable of giving their consent to sex. Sex with a 15-year-old would amount to another sexual offence which carries a lower penalty.''}}</ref> asserted that the reason for the low average sentence of those convicted of rape was that legal definition of "rape" in England and Wales included such less serious offences as consensual sex between a 17 year old and a 15 year old.

In 2011 and 2012, Clarke faced criticism for his Justice and Security Bill, in particular those aspects of it that allow secret trials when "national security" is at stake.<ref>{{cite news |url= https://www.theguardian.com/law/2011/nov/16/justice-and-security-green-paper |last= Rozenberg |first= Joshua |date= 16 November 2011 |title= The justice and security green paper is an attack on liberty |work= The Guardian |access-date= 2 June 2012 |location= London |archive-url= https://web.archive.org/web/20131001061029/http://www.theguardian.com/law/2011/nov/16/justice-and-security-green-paper |archive-date= 1 October 2013 |url-status= live }}</ref><ref>{{cite news |url= https://www.bbc.co.uk/news/uk-politics-15565404 |title= Ken Clarke's justice bill passed despite 'attacks' |work= BBC News |date= 2 November 2011 |access-date= 2 June 2012 |archive-url= https://web.archive.org/web/20120321182356/http://www.bbc.co.uk/news/uk-politics-15565404 |archive-date= 21 March 2012 |url-status= live }}</ref> ''The Economist'' stated: "the origins of the proposed legislation lie in civil cases brought by former Guantánamo detainees, the best-known of whom was [[Binyam Mohamed]], alleging that government intelligence and security agencies (MI6 and MI5) were complicit in their rendition and torture".<ref>{{cite news |url= http://www.economist.com/node/21556252 |title= A question of balance |newspaper= The Economist |location= London |date= 2 June 2012 |access-date= 2 June 2012 |archive-url= https://web.archive.org/web/20120602020841/http://www.economist.com/node/21556252 |archive-date= 2 June 2012 |url-status= live }}</ref><ref>{{cite news |url= https://www.theguardian.com/world/2012/apr/08/special-report-britain-rendition-libya |title= Special report: Rendition ordeal that raises new questions about secret trials |last= Cobain |first= Ian |date= 9 April 2012 |work= The Guardian |page= 1 |location= London |access-date= 9 April 2012 |archive-url= https://web.archive.org/web/20131023101749/http://www.theguardian.com/world/2012/apr/08/special-report-britain-rendition-libya |archive-date= 23 October 2013 |url-status= live }}</ref> Prominent civil liberties and human rights campaigners argued: "the worst excesses of the war on terror have been revealed by open courts and a free media. Yet the Justice and Security Green Paper seeks to place Government above the law and would undermine such crucial scrutiny."<ref>{{cite news |url= https://www.theguardian.com/law/2012/mar/05/secrets-scrutiny-green-paper-justice |title= Secrets and scrutiny (Letter) |last1= Chakrabarti |first1= Shami |author-link1= Shami Chakrabarti |last2= Davis |first2= David |author-link2= David Davis (British politician) |last3= Kennedy |first3= Helena |author-link3= Helena Kennedy, Baroness Kennedy of The Shaws |last4= Macdonald |first4= Ken |author-link4= Ken Macdonald |last5= Mercer |first5= Nicholas |last6= Rose |first6= Dinah |author-link6= Dinah Rose |date= 6 March 2012 |work= The Guardian |page= 35 |location= London |access-date= 2 June 2012 |archive-url= https://web.archive.org/web/20140102010436/http://www.theguardian.com/law/2012/mar/05/secrets-scrutiny-green-paper-justice |archive-date= 2 January 2014 |url-status= live }}</ref>