Lord Chancellor

The Lord High Chancellor of Great Britain, or Lord Chancellor and in former times Chancellor of England, is one of the most senior and important functionaries in the government of the United Kingdom. He is a Great Officer of State, and is appointed by the Sovereign on the advice of the Prime Minister and is, by convention, always a peer, although there is no legal impediment to the appointment of a commoner. The Lord Chancellor's responsibilities are wide-ranging: they include presiding over the House of Lords; participating in the Cabinet; acting as the custodian of the Great Seal; and heading the judiciary. Concerns over these wide-ranging powers have led to Tony Blair's administration proposing the abolition of the office. The Constitutional Reform Act 2005 will transfer many of the powers to others. Since 2003, Lord Falconer of Thoroton has served as Lord Chancellor and also Secretary of State for Constitutional Affairs.

Legislative functions

The Lord Chancellor is the Speaker (presiding officer) of the House of Lords. There is no statute explicitly granting him such a power; rather, he is Speaker by right of prescription. Even a Lord Chancellor who is a commoner may preside over the House of Lords, though in practice the Lord Chancellor is always a peer nowadays. There are, however, certain instances when the Lord Chancellor does not preside: for instance, the Chairman of Committees presides over the Committee of the Whole House. Furthermore, Deputy Speakers appointed by the Sovereign may take the place of an absent Lord Chancellor.

Related Topics:
Speaker - Right of prescription - Committee of the Whole House

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A further historical instance may be mentioned: formerly, when peers had the right to be tried for felonies or for high treason by other peers in the House of Lords (instead of commoners on juries), the Lord High Steward, instead of the Lord Chancellor, would preside. (The office of Lord High Steward has generally remained vacant since 1421. Whenever a peer was to be tried in the House of Lords, a Lord High Steward would be appointed pro hac vice (for this occasion). In many cases, the Lord Chancellor would merely be elevated to the office of Lord High Steward temporarily.) This distinction is obsolete, as trials of peers in the House of Lords were abolished in 1948.

Related Topics:
Felonies - High treason - Juries - Lord High Steward - 1421 - 1948

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The Lord Chancellor, when presiding over debates, sits on the Woolsack, wearing a full ceremonial uniform or court dress. The robes are black, with gold lace embroidery. Like other judges, the Lord Chancellor also wears a ceremonial wig. His powers as Speaker are not as broad as those of his counterpart in the House of Commons. Unlike the Speaker of the House of Commons, the Lord Chancellor can neither determine who is to speak when two individuals rise at the same time, nor rule on points of order, nor discipline members who violate the rules of the House—all these functions are performed by the House of Lords as a whole. Furthermore, whilst speeches in the House of Commons are addressed to "Mr Speaker", those in the House of Lords are addressed to "My Lords". In practice, the only task of the Lord Chancellor in the Lords Chamber is to formally put the question before a vote, to announce the result of any vote, and to act (where appropriate) as the House's mouthpiece. Furthermore, the Lord Chancellor may end the adjournment of the House (or "recall" the House) during a public emergency.

Related Topics:
Woolsack - Court dress - Judge - Wig - House of Commons - Speaker of the House of Commons

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Whenever the Sovereign appoints Lords Commissioners to perform certain actions on his or her behalf (for example, to formally declare in Parliament that the Royal Assent has been granted), the Lord Chancellor serves as the principal or senior Lord Commissioner. The other Lords Commissioners, by convention, are members of the House of Lords who are Privy Counsellors. Instead of wearing the court dress described above, he wears Parliamentary Robes—a full-length scarlet wool gown decorated with miniver fur. The Lord Chancellor wears a tricorne hat, but the other Lords Commissioners wear bicorne hats.

Related Topics:
Lords Commissioners - Royal Assent - Privy Counsellors - Miniver - Tricorne hat - Bicorne hats

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Unlike the Speaker of the House of Commons, the Lord Chancellor is not expected to remain non-partisan whilst in office. Rather, the Lord Chancellor continues to serve as an active spokesperson for the government in the House of Lords. The Lord Chancellor may participate in debates; he either keeps his full court dress on and speaks from beside the Woolsack, or relinquishes his place to a Deputy Speaker, dons normal clothing and speaks from the Government Front Bench. Whilst the Speaker of the House of Commons cannot cast a vote (except when the other members are equally divided), the Lord Chancellor votes together with the other members.

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During debates in the House of Lords, the Lord Chancellor and former Lord Chancellors are referred to by appellations in the form, "the noble and learned Lord, Lord X". Most other Lords are merely "the noble Lord, Lord X".

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