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.

Reform

In recent years the combined executive, legislative and judicial functions of the Lord Chancellor have been seen by some as increasingly untenable. The position of the Lord Chancellor was also undermined by public outcries against the Lord Chancellor's judicial responsibilities, particularly when the previous Lord Chancellor, Lord Irvine of Lairg, refused to rule out sitting judicially (and, in fact, he did sit as a member of the Judicial Committee of the House of Lords). The Blair Government has proposed abolishing the office altogether, but has met with much opposition from those who feel that such an official is necessary to speak on the judiciary's behalf in the Cabinet, as well as from those who oppose a sudden abolition of so ancient an office.

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In 2003, Tony Blair chose Lord Falconer of Thoroton to be Lord Chancellor and Secretary of State for Constitutional Affairs. At the same time, he announced his intention to abolish the office of Lord Chancellor and to make many other constitutional reforms. After much surprise and confusion, it became clear that the ancient office of Lord Chancellor could not be abolished without an Act of Parliament. Lord Falconer of Thoroton duly appeared in the House of Lords to preside from the Woolsack on the next day. The Lord Chancellor's Department, however, was renamed the Department for Constitutional Affairs. Lord Falconer of Thoroton, who holds the additional office of Secretary of State for Constitutional Affairs, has agreed that he will not sit as a judge in any case.

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The Government introduced the Constitutional Reform Bill in the House of Lords in February 2004. The Bill sought to abolish the office of Lord Chancellor, and to transfer his functions to other officials: legislative functions to a Speaker of the House of Lords, executive functions to the Secretary of State for Constitutional Affairs and judicial functions to the Lord Chief Justice. The Bill also made other constitutional reforms, such as transferring the judicial duties of the House of Lords to a Supreme Court.

Related Topics:
Constitutional Reform Bill - 2004

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In March 2004, however, the Lords upset the Government's plans by sending the bill to a Select Committee. Although initially seen as a move to kill the bill, the Government and Opposition agreed to permit the Bill to proceed through the parliamentary process, subject to any amendments made by the Committee. Recent media reports suggest that whilst the House of Lords may consent to some reforms, including the Government's plans to create a Supreme Court, it is unlikely to consent to the outright abolition of the Lord Chancellorship. On 13 July, 2004, the House amended the Constitutional Reform Bill such that the title of Lord Chancellor would be retained, although the Government's other proposed reforms were left intact. Then, in November 2004, the Government introduced an amendment in the Lords which wholly removed mentions of the Secretary of State for Constitutional affairs and instead changed them to ones about the Lord Chancellor, with the positions of Secretary of State and Lord Chancellor envisaged to be held by the same person. The final Constitutional Reform Act achieved royal assent on March 24, 2005.

Related Topics:
2004 - Select Committee - Constitutional Reform Act - March 24 - 2005

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