Committees

Constitution Committee calls for evidence on the role of the Lord Chancellor and the Law Officers

18 February 2022

The Constitution Committee would like your views on how the roles of the Lord Chancellor and the Law Officers are currently operating and whether any changes are necessary.

Inquiry background

The House of Lords Constitution Committee is undertaking an inquiry into the role of the Lord Chancellor and the Law Officers. It is exploring how the roles of Lord Chancellor and the Law Officers currently operate and how they have evolved since the Constitutional Reform Act 2005. The Committee will examine the extent to which officer holders are able to remain impartial given their position in the executive branch of Government and whether their ability to uphold the rule of law and defend the independence of the judiciary is affected.

Questions

These are some of the questions we would like your views on, but the Committee welcomes written submissions on any aspect of this topic, and particularly on the issues and questions set out in the call for evidence.

  • How is the rule of law being protected with the Government, and how do the Lord Chancellor and the Law Officers ensure this?
  • How have the roles of the Lord Chancellor and the Law Officers evolved since the initial adjustments following the passing of the Constitutional Reform Act 2005?
  • Has the amendment of the role of the Lord Chancellor by the Constitutional Reform Act 2005, and the resulting separation of powers between the judiciary and the Government, been successful?
  • Is further reform of the role of Lord Chancellor necessary?
  • Is it appropriate or helpful for the Law Officers, as Government legal advisers, to be politicians serving in Government?
  • Is it appropriate for the Attorney General as a member of the Government to be involved in some decisions about whether to prosecute?
  • Are any reforms necessary to the Attorney General’s ministerial responsibilities?
  • What are the constitutional boundaries that constrain the Law Officers and the Lord Chancellor?

Deadline

The deadline for submissions is 5pm on Friday 18 March 2022.

Further information