Constitutional Reform

The Odysseus Trust Response House of Lords: Second Reading Debate House of Lords: Second Reading Debate Part 2 (To view PDF files you will need to download Acrobat Reader)

Following the surprise announcement by the Government in Summer 2003 that the role of Lord Chancellor would be abolished and then a hasty consultation period, to which the Trust responded, the Constitutional Reform Bill was published in February 2004.

The Bill proposed to abolish the office of Lord Chancellor and make changes to the way in which the functions vested in that office are handled. The Bill also makes provision to remove the Law Lords from the House of Lords in order to create the Supreme Court of the United Kingdom. A Judicial Appointments Commission would also be created.

During the Second Reading on 8 March 2004, Lord Lester voiced his support for the Bill. Despite his resistance to an amendment to delay the Bill, peers voted to take the unusual step of considering the Bill in a select committee, where it was considered during the spring and summer. The Bill completed its stormy passage through the Lords, with Third Reading on 20 December 2004. Hundreds of amendments were tabled to the Bill, many of which were wrecking amendments. Lord Lester's amendment to allow non-politically active Peers to be members of the Judicial Appointments Commission was well received. The Bill left the Lords in fairly good shape. The title of Lord Chancellor will not be abolished but many of the functions of the position will be transferred. Third Reading in the Lords also saw-off a final attempt to scupper plans for a Supreme Court by Lord Lloyd of Berwick. The Bill had its Second Reading in the Commons on 17 January 2005. Many more amendments were tabled culminating in a ping pong between the Commons and the Lords on whether the holder of the altered role of Lord Chancellor should be a Peer and a lawyer. The Bill has now passed through all of its stages and received Royal Assent on 24 March 2005.