Other legislative scrutiny
Cultural Property (Armed Conflicts) Bill [HL]
52.The Committee wrote to Baroness Neville-Rolfe, Parliamentary Under Secretary of State at the Department for Culture, Media & Sport, in relation to the Cultural Property (Armed Conflicts) Bill [HL].34 We asked about the apparent prioritisation of Article 14 of the Hague Convention in the Bill over the UK’s other obligations under EU and international law. In response, the Minister said that as long as the UK remained a member of the EU, the principle of the supremacy of EU law meant that it would take precedence over any contradictory provisions in domestic law.35
Higher Education and Research Bill
53.On the Higher Education and Research Bill the Committee wrote to Viscount Younger of Leckie, the Spokesperson on Higher Education, regarding the transfer of powers from the Privy Council to the Office for Students.36 We asked under what circumstances the Government considered it appropriate for powers held by the Privy Council to be transferred to another body and what assessment had been made of the potential effects of removing these powers from the oversight of the Privy Council.
54.The response from the Minister set out the intention behind the changes in the Bill, but did not address the general principles. He noted that moving the power to grant degree awards from orders of the Privy Council to statutory instruments would result in greater transparency and parliamentary scrutiny.37
Annual evidence sessions
55.As noted above, our annual evidence sessions with the Lord Chancellor, the Lord Chief Justice, and the President and Deputy President of the Supreme Court, informed work on our Judicial Appointments and Recruitment follow-up inquiry. We will discuss their evidence in more detail when we issue our inquiry report later this session.
Chairman of the House of Lords Appointments Commission
56.In January 2017 we held our annual evidence session with the Rt Hon. Professor Lord Kakkar, Chairman of the House of Lords Appointments Commission.38 The session covered the Commission’s power to vet appointments; restrictions on the nominations of special advisers; the number of cross-bench Peers appointed by the Commission; the diversity of Members in non-political appointments; and the expectations on potential appointees to attend and contribute to the House of Lords.
Lord Chancellor
57.We heard from Elizabeth Truss MP, the then Lord Chancellor and Secretary of State for Justice in March 2017.39 The session covered the role and responsibilities of the Lord Chancellor, drawing on our 2014 report.40 We also examined issues related to judicial appointments, the Bill of Rights, Prisoner Voting, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Lord Chief Justice
58.Lord Thomas of Cwmgiedd, the Lord Chief Justice of England and Wales, gave evidence to the Committee in March 2017.41 The session covered judicial recruitment, appointment, career development, morale, diversity and succession planning. It also explored: judicial independence and the government’s role in relation to it; the plans to modernise HM Courts and Tribunals Service; access to justice and legal aid; Brexit and devolution issues.
Minister for the Constitution
59.In March 2017 we took evidence from Chris Skidmore MP, Parliamentary Secretary (Minister for the Constitution) in the Cabinet Office.42 The session covered the Government’s plans for constitutional reform; ministerial responsibilities for coordinating constitutional reform; devolution and inter-governmental relations; legislating for Brexit; plans to revise the Cabinet Manual; and party political funding.
President and Deputy President of the Supreme Court
60.We heard from the President of Supreme Court, Lord Neuberger of Abbotsbury, and the Deputy President Baroness Hale of Richmond in March 2017.43 The session covered judicial appointments and careers; the work of the Supreme Court; the relationship between the Supreme Court and Parliament; the working relationship with the Judicial Committee of the Privy Council; and the relations between the Supreme Court and the European Court of Human Rights and the Court of Justice of the European Union.
Conclusion
61.Our work in the last session identified trends in legislation, such as a lack of policy detail and the delegation of broad powers, which make it more difficult for both Houses to fulfil their scrutiny role. We expect the Government to take seriously the concerns we raised and address them in their preparation of legislation in the current session.
62.The decision of the UK to leave the European Union poses significant challenges for Parliament’s scrutiny of the Government and its legislation. This was an important part of our work in the 2016–17 session and we will prioritise scrutiny of the bills that seek to implement Brexit in the new Parliament. We are also aware of the need to consider any consequences of Brexit on the relationships between the UK Government and the devolved institutions, and on their respective powers, and we will pay close attention to these as part of our scrutiny work in the current session.
34 Letter from the Chairman to Baroness Neville-Rolfe, Department for Culture, Media & Sport, 15 June 2016: http://www.parliament.uk/documents/lords-committees/constitution/Scrutiny/Chairman%20to%20Neville-Rolfe%20Cultural%20Property%20(Armed%20Conflicts)%20Bill%2015%20June.pdf [accessed 7 July 2017]
35 Letter from Baroness Neville-Rolfe to the Chairman, 27 June 2016: http://www.parliament.uk/documents/lords-committees/constitution/Scrutiny/Government-response-Cultural-Property-(Armed-Conflicts)-Bill-270616.pdf [accessed 27 June 2017]
36 Letter from the Chairman to Viscount Younger of Leckie, Department for Education, 6 January 2017: http://www.parliament.uk/documents/lords-committees/constitution/Scrutiny/Chairman-to-Viscount-Younger-of-Leckie-Higher-Education-Bill-060117.pdf [accessed 7 July 2017]
37 Letter from Viscount Younger of Leckie to the Chairman, 24 February 2017: http://www.parliament.uk/documents/lords-committees/constitution/GovernmentResponse/CC31-Letter-Younger-to-LangHE-R-Bill-240217.pdf [accessed 28 June 2017]
38 Annual oral evidence taken with the Chairman of the House of Lords Appointments Commission,
18 January 2017 (Session 2016–17), QQ 1–12
39 Annual oral evidence taken with the Lord Chancellor and Secretary of State for Justice, 1 March 2017 (Session 2016–17), QQ 1–14
40 Constitution Committee, The office of Lord Chancellor (6th Report, Session 2014–15, HL Paper 75)