Inquiry into the role of Lord Chancellor and Law Officers launched by Lords committee

The inquiry will focus on how these roles currently operate and how they have evolved since the Constitutional Reform Act 2005. In particular it will examine the extent to which office 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.

Topics the committee is seeking evidence on include:

• How is the rule of law being protected within 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?

The committee invites interested individuals to submit written evidence by 5pm on Friday 18 March. The full call for evidence and further information is available on the committee’s website.

Baroness Drake, Chair of the Constitution Committee said:

“While this Committee has previously examined the offices of Lord Chancellor and the Attorney General, it is now timely to revisit these topics and consider whether the roles of Lord Chancellor and the Law Officers remain appropriate in their current forms and the extent to which office holders are able to align their constitutional responsibilities with their position in the executive branch of Government.
We welcome a wide range of views to help inform this inquiry and encourage all those interested to submit evidence for the committee’s consideration”.