Role of lord chancellor to be scrutinised by House of Lords inquiry

The House of Lords constitution committee has launched an inquiry into the centuries-old office of lord chancellor, asking whether it is sufficiently independent of government and whether it should be held by a lawyer.

The current lord chancellor, Chris Grayling, is the first non-lawyer to hold the position in 500 years - he has also presided over swingeing cuts to the legal aid budget which have arguably undermined his duty as lord chancellor to uphold the rule of law and the integrity of the country’s courts. Although the Constitutional Reform Act 2005 changed the role so that the lord chancellor is no longer head of the judiciary or the presiding officer of the House of Lords, The Guardian reports that the controversy of the legal aid cuts has highlighted what many see as a contradiction in Grayling’s dual role as lord chancellor as well as the government’s justice secretary.

Lord Lang of Monkton, chairman of the House of Lords constitution committee, said: "The office of lord chancellor is one of the oldest in the British constitution, but relatively recent changes have changed the role considerably. It is now approaching 10 years since the passing of the Constitutional Reform Act, which ended the lord chancellor's role as head of the judiciary and presiding officer of the House of Lords. This followed a hasty reshuffle in which it had been suggested that the office of lord chancellor would be abolished. We will look at the role as it is now. Does the lord chancellor still have any real powers? Is the position appropriately independent of government?"

A Ministry of Justice spokesman responded: "The lord chancellor takes all of his responsibilities extremely seriously. The Constitutional Reform Act clearly sets out this role and we believe the current arrangements are working well. We look forward to providing evidence to the committee in due course."