John David Phillips
Phillips' retirement speech generated debate in Victoria on judicial independence. In the Australian experience, government is separated into three branches, the executive, legislative and judicial branches. Each branch is independent of the others, and is recognised in the Australian Constitution at the federal level. Phillips on his retirement was critical of the intrusion of the executive into the work of the courts, being the judicial branch. For example, the Supreme Court was referred to as "Business Unit 19" by the Victorian Government. Phillips did not suggest that the Victorian Government would attempt to influence directly a decision of the court. However, there appeared to be "What is evolving ...a perception of the court as some sort of unit of functionary within the Department of Justice”.
Her Majesty's Courts and Tribunals Service
Her Majesty's Courts and Tribunals Service is an executive agency, in contrast with the Scottish Courts and Tribunals Service which is a non-ministerial government department. However, it is unique in being such an agency and having constitutional accountability to judges as well as the Lord Chancellor. The framework document says that the agency is accountable to the Lord Chief Justice of England and Wales and the Senior President of Tribunals. This provides a unique partnership between all three in relation to the effective governance, financing and operation of Her Majesty’s Courts and Tribunals Service. For example, where the Board cannot reach agreement, its Chair will refer the issue in question to the Lord Chancellor and the Lord Chief Justice for a decision.