Select committee: Constitution Committee

Recommendation 19

9th Report - The roles of the Lord Chancellor and the Law Officers Published 18 Jan 2023 Paragraph 171
Recommendation (the committee's words)
Tenure in office increases the legal and constitutional experience and knowledge of a Lord Chancellor. The Lord Chancellor’s role is a unique appointment with specific responsibilities that are fundamental to the rule of law. We recommend that Prime Ministers, when undertaking Government reshuffles, consider the benefits of Lord Chancellors remaining in office for longer in order to maintain confidence in the status and effectiveness of the office.

From: Constitution Committee, 9th Report - The roles of the Lord Chancellor and the Law Officers, paragraph 171, 18 January 2023

Government response

The government responded to the whole report on 17 March 2023 (deadline 18 March 2023).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government agrees with the Committee on the importance of the rule of law and the value of Law Officers being politicians, but it has "no current plans to review the existing arrangements" for the offices of Lord Chancellor and the Law Officers.

  • The Government agrees that "defending the judiciary against unfair, personal or threatening abuse is a core part of the Lord Chancellor’s role", but "respectfully disagrees" that a Lord Chancellor must intervene publicly, saying that an expectation of public intervention "might prove counterproductive".
  • On a constitutional lead, the Government believes there is "greater strength in having a number of senior Ministerial leads on discrete constitutional matters", rather than the Lord Chancellor holding overall responsibility, and says ministerial appointments are a matter for the Prime Minister.
  • On the Ministerial Code and Cabinet Manual, the Government is "always open to looking at whether updates or amendments are needed" and "remains committed to producing an updated edition of the Cabinet Manual before the end of the current Parliament". It notes a possible danger that codification "is reductive".
  • On the Lord Chancellor's oath, the Government "remains unpersuaded" that rewording it to refer to upholding the rule of law would affect the discharge of the duty. On the Internal Market Act and Northern Ireland Protocol Bill, the Law Officers "have nothing further to add at this time".

Read the government's response ↗ Report an error