Potential conflicts in the roles of the lord chancellor and government law officers are to be scrutinised by a House of Lords committee. The Constitution Committee said today that 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.

In a call for submissions, the committee says it is seeking evidence on: 

  • How is the rule of law being protected within the government and how have the roles of the lord chancellor and the law officers evolved since the passing of the Constitutional Reform Act 2005?
  • Has the amendment of the role of the lord chancellor by the 2005 act been a success? 
  • Is further reform of the role of lord chancellor necessary?
  • Is it appropriate or helpful for the law officers 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?
  • What are the constitutional boundaries that constrain the law officers and the lord chancellor?

Committee chair Lady Drake (the trade unionist Jeannie Drake) 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.'

Written evidence should be submitted by 5pm on Friday 18 March.