This table sets out the principal amendments made
to the Constitutional Reform Bill [Lords] during its passage
through the House of Lords (including those made by the Select
Committee on the Bill in accordance with its report HL Paper 125-I).
| The Bill as introduced to the House of Lords (HL Bill 30)
| Bill as sent to House of Commons
|
| OFFICE OF LORD CHANCELLOR |
| Rule of Law | No express statement relating to the rule of law
| "This Act does not adversely affect—(a) the existing constitutional principle of the rule of law, or (b) the Lord Chancellor's existing constitutional role in relation to that principle" (7 December, col 738; 20 December, col 1538; see also HL Paper 125-I, para 67)
|
| Office of Lord Chancellor | Office is abolished
| Office is retained (13 July, col 1142). A large number of amendments were brought forward by the Government at Report and Third Reading to give effect to a commitment to bring the Bill into conformity with the decision of the House of Lords on 13 July 2004 to retain the office of Lord Chancellor
|
| Qualifications for appointment as Lord Chancellor
| — | · Holder of high judicial officer or been a practising lawyer for at least 15 years (11 October, col 34; 7 December, col 779)
· "No person is qualified to be Lord Chancellor unless he is a member of the House of Lords" (7 December, col 748)
|
| Oath | — | Promissory Oaths Act 1868 amended to insert a new oath to be sworn by Lord Chancellor (7 December, col 802)
|
| The Great Seal | —
| The Lord Chancellor will retain the keepership of the Great Seal (7 December, col 884)
|
| Senior judiciary communications to Parliament
| No express provision in the bill | The chief justice of any part of the United Kingdom may lay before Parliament written representations on matters of importance relating to the judiciary or the administration of justice (7 December, col 809)
|
| Henry VIII clause | —
| The Lord Chancellor may by order make provision for the transfer, modification or abolition of functions of the Lord Chancellor (20 December, col 1544). The Delegated Powers and Regulatory Reform Committee have commented on this amendment (5th Report, HL 20, 20 December 2004) and the Government will bring forward further amendments in the House of Commons
|
| THE SUPREME COURT OF THE UNITED KINGDOM:
|
| Supreme Court selection commission |
Possible for all 5 members of the commission to be judges and lawyers
| At least one member of the selection commission must be lay—drawn from the separate judicial appointment commissions in England & Wales, Northern Ireland, and Scotland) (HL Paper 125-I, para 179)
|
| Consultation by the selection commission
| | Selection commission to consult senior judges etc (14 December, col 1223)
|
| Number of candidates put forward to minister for appointment to the Supreme Court
| Supreme Court selection commission to give the minister 2 to 5 names of potential appointees
| Commission to recommend only one name to the minister (along with details of others considered) (HL Paper 125-I, para 185)
|
| Supreme Court rule making powers |
Minister has power to allow or disallow rules submitted to him by the President
| President of the Supreme Court responsible for rule making (HL Paper 125-I, para 245)
|
| Governance of the Supreme Court - financial and administrative autonomy
| — | "The Supreme Court is an independent statutory body with its own estimate within the overall DCA departmental expenditure limit and, as a result of a separate estimate, independent financing from the Consolidated Fund through the normal supply process. The chief executive of the Supreme Court will be a separate accounting office in right of the court itself and not a sub-accounting officer under the DCA Permanent Secretary". The Lord Chancellor will simply be a conduit for the Supreme Court bid and will not be able to alter it before passing it to the Treasury. (14 December, col 1236; and see also HL Paper 125-I, para 256-268)
|
| Sunrise clause | —
| Part 2 of the Bill shall not be brought into force unless the Lord Chancellor "is satisfied that the Supreme Court will at that time be provided with accommodation in accordance with written plans that he has approved" and he may "approve plans only if, having consulted the Lords of Appeal in Ordinary holding office at the time of the approval, he is satisfied that accommodation in accordance with the plans will be appropriate for the purposes of the Court" (14 December, col 1230; and see also Written Statement on Supreme Court Building, 14 December, col WS71)
|
| The UK's three jurisdictions | —
| Clause to safeguard the separate identities of Scots and Northern Irish law (20 December, col 1597)
|
| Composition of panels to hear appeals
| — | A panel must never consist "wholly or predominantly" of non-permanent judges (14 December, col 1233)
|
| Annual report | Minister to prepare annual report
| Chief executive of Supreme Court to prepare annual report (14 December, col 1277)
|
| Separate legal systems | —
| Nothing in Part 2 "is to affect the distinctions between the separate legal systems of the United Kingdom" and "a decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as a decision of a court of that part of the United Kingdom" (20 December, col 1597; and see HL Paper 125-I, para 279)
|
| JUDICIAL APPOINTMENTS IN ENGLAND AND WALES
|
| Number of Commissioners | Fixed at 15 (including chairman)
| Minister, with agreement of LCJ, may increase, but not decrease, number (HL Paper 125-I, para 301)
|
| Eligibility for membership of JAC |
A person may not be appointed as a Commissioner if he is a member of the House of Lords
| This restriction is removed so that Cross-Bencher peers may be appointed to the JAC (14 December, col 1279)
|
| Ministerial guidance to JAC | JAC must have regard to any guidance issued by the minister (cl 52)
| LCJ must be consulted about any guidance before it is made; and guidance to be in the form of a statutory instrument subject to affirmative resolution (HL Paper 125-I, para 335)
|
| Merit | "Selection must be on merit". (cl 51(3))
| "Selection must be solely on merit" (14 December, col 1288; HL Paper 125-I, para 323)
|
| Diversity | No express reference to increasing diversity on the face of the Bill
| Minister's guidance to JAC to include "encouragement of diversity in the range of persons available for selection" (HL Paper 125-I, para 336)
|
| Minister's power to reject name recommended by JAC, or require the JAC to reconsider its selection
| No express criteria | Minister may reject a selection only if he considers that the selected candidate is unsuitable; reconsideration of selection may be ordered only if the minister considers that the candidate is not the best for the post; minister must give reasons in writing to the JAC (HL Paper 125-I, para 347)
|
| Assistance with other appointments |
— | The Lord Chancellor may request assistance from the JAC for the making by him or by another Minister of the Crown of an appointment or recommendation for judicial appointment not otherwise mentioned in the Bill, e.g. appointments to the European Court of Justice or the European Court of Human Rights (14 December, col 1306)
|
| Confidentiality | |
New clause with stronger protection against disclosure of confidential information relating to judicial appointments (20 December, col 1603)
|
