House of Lords Select Committee on the Constitution

House of Lords Select Committee on the Constitution is a permanent select committee of the House of Lords established in 2001. Its primary function is to examine the constitutional implications of all public bills coming before the Parliament of the United Kingdom and to keep under review the operation of the Constitution of the United Kingdom. The committee is renowned for its detailed, evidence-based scrutiny and its influential reports on major constitutional issues affecting the United Kingdom.

Role and remit

The committee’s core task, as set out in its orders of reference, is to examine the constitutional implications of all public bills presented to Parliament. It focuses on assessing legislation against principles such as the rule of law, parliamentary sovereignty, and the stability of the UK's uncodified constitution. Its remit extends to monitoring the health of the overall constitutional settlement, including the operation of devolution to Scotland, Wales, and Northern Ireland, as well as the relationship between the executive, legislature, and judiciary. This role has become increasingly significant following major events like the Brexit referendum and the COVID-19 pandemic, which prompted extensive use of Henry VIII clauses in legislation.

Membership and structure

The committee typically comprises twelve peers, reflecting the political composition of the House of Lords and including members with significant legal and constitutional expertise. Its chair, since 2022, has been Baroness Taylor of Bolton, a former Minister of State for Defence. Previous chairs have included notable figures such as Baroness Jay of Paddington and Lord Lang of Monkton. Members often include former senior ministers, law lords like Baroness Hale of Richmond, and academics. The committee is supported by a specialist clerk from the Parliamentary Clerks and often takes evidence from experts, including those from the Institute for Government, the Bingham Centre for the Rule of Law, and former Lord Chief Justices.

Key inquiries and reports

The committee has produced numerous seminal reports that have shaped constitutional debate. Its 2006 report on the Constitutional Reform Act 2005 scrutinised the creation of the Supreme Court of the United Kingdom. A major 2018 inquiry, "The Legislative Process: The Delegation of Powers", critically examined the growing use of statutory instruments. Following the UK's withdrawal from the European Union, it published influential work on the European Union (Withdrawal) Act 2018 and the Internal Market Act 2020, highlighting tensions with the devolution settlements. Other significant reports have covered the Fixed-term Parliaments Act 2011, the Constitutional Reform and Governance Act 2010, and the constitutional implications of the pandemic response.

Impact and influence

While it cannot veto legislation, the committee exerts considerable soft power through the authority of its analysis. Its reports are frequently cited in parliamentary debates and by the Public Administration and Constitutional Affairs Committee in the House of Commons. Government departments often respond in detail to its recommendations, sometimes leading to amendments, as seen during the passage of the Police, Crime, Sentencing and Courts Act 2022. Its work is respected by the judiciary and academia, contributing to foundational texts like the Cabinet Manual. The committee's sustained criticism of Henry VIII clauses has influenced broader parliamentary attitudes towards delegated powers.

Relationship with other bodies

The committee maintains a distinct but complementary role to other scrutiny bodies. It works alongside the House of Lords Delegated Powers and Regulatory Reform Committee on technical scrutiny of delegated powers, and with the European Affairs Committee on post-Brexit matters. It engages with the territorial constitutions, taking evidence from the Scottish Government, Welsh Government, and the Northern Ireland Executive. It also interacts with independent watchdogs like the Equality and Human Rights Commission and the Venice Commission. While separate, its work often informs and is informed by that of the Public Administration and Constitutional Affairs Committee, creating a bicameral dialogue on constitutional health.

Category:House of Lords committees Category:Constitution of the United Kingdom Category:2001 establishments in the United Kingdom