In 2003 Falconer joined the
Cabinet as the Secretary of State for Constitutional Affairs, becoming also Lord Chancellor "for the interim period" before the office was planned to be abolished. The government argued that the position of a cabinet minister as a judge and head of the judiciary was no longer appropriate and would not be upheld by the
European Convention on Human Rights. The announcement was generally seen as a rushed "
back-of-an-envelope" plan. There had been no
green paper discussions nor
white paper proposals; and it became something of a shock to realise that the proposed abolition of the office of Lord Chancellor would require primary legislation. The policy of removing the Lord Chancellor's judicial role was said to be disliked by
Lord Irvine of Lairg, the previous Lord Chancellor. The post of Secretary of State for Constitutional Affairs took over the remaining responsibilities of the Lord Chancellor, and also became the sponsoring department for the
Secretary of State for Wales and the
Secretary of State for Scotland. Falconer announced his intention not to use the Lord Chancellor's power to sit as a judge and stopped wearing the traditional robe and wig of office. Falconer hoped to be the last to hold the title, ending 1,400 years of tradition. However, in 2006 Falconer told the
House of Lords Constitution Committee that he regretted campaigning for the abolition of the role of Lord Chancellor and was glad the title had been reserved. In his opinion, the office "still had a role to play in defending the independence of the courts."
Freedom of Information Act In his role as
Secretary of State for Constitutional Affairs, Falconer sought to make it easier for government bodies to refuse to release documents under the
Freedom of Information Act (2000), on the grounds that they are too expensive and too time-consuming for civil servants to find. The legislation allowed requests for information to be refused if the cost they would incur exceeded £600 for
Whitehall and £450 for other public bodies. Falconer proposed changes that would make no difference to this level, but would expand the number of activities whose cost would be included in the totals, thus making it easier for government parties to refuse requests for information. At the end of March 2007, Falconer's department announced that it would not introduce the proposals to parliament, but would instead have a second three-month consultation with the public (the previous consultation, also of three months, ended three weeks previous to this). Media elements reported this change as a 'backtracking', and
Maurice Frankel, director of the
Campaign for Freedom of Information, was quoted as saying "This raises the strong possibility that the government will decide to leave the current arrangements untouched". ==Later parliamentary career, 2007–==