House of Lords Constitution Committee

House of Lords Constitution Committee
Name	House of Lords Constitution Committee
Type	Select committee
Chamber	House of Lords
Established	2001
Jurisdiction	United Kingdom
Parent body	Parliament of the United Kingdom

Contents

House of Lords Constitution Committee is a select committee of the House of Lords charged with examining constitutional implications of public policy and legislation. The committee conducts inquiries, produces reports, and advises peers, interacting with institutions such as the Supreme Court of the United Kingdom, the UK Parliament, the Cabinet Office, the Ministry of Justice, and devolved bodies including the Scottish Parliament and the Senedd Cymru. Its work influences debates in the House of Commons, scrutiny by the Public Accounts Committee, and inputs from bodies like the National Audit Office and the Electoral Commission.

History and establishment

The committee was established in the wake of constitutional reforms at the turn of the 21st century, amid developments such as the Human Rights Act 1998, the creation of the Supreme Court of the United Kingdom and devolution settlements for Scotland Act 1998, Government of Wales Act 1998, and the Northern Ireland Act 1998. Its formation paralleled institutional changes in the Parliament of the United Kingdom during the tenure of Prime Ministers including Tony Blair and under Speakers such as Baroness Hayman. Early influences included debates prompted by the House of Lords Act 1999 and precedent from select committees like the Constitutional Affairs Committee (Commons). Over time the committee has interacted with inquiries by the Joint Committee on Human Rights and responded to judgments of the European Court of Human Rights and rulings referencing the Treaty of Lisbon.

The committee’s remit covers the constitutional significance of proposed legislation, treaties, conventions, and institutional arrangements including relations with the European Union prior to withdrawal, devolution to the Scottish Parliament and Northern Ireland Assembly, and the role of the Crown in modern governance. It advises on implications for fundamental instruments such as the Magna Carta (1215), the Bill of Rights 1689, and subsequent statutory frameworks including the Human Rights Act 1998 and the Constitutional Reform Act 2005. The committee examines ministerial accountability involving offices like the Prime Minister of the United Kingdom, the Lord Chancellor (United Kingdom), and the Chancellor of the Exchequer (United Kingdom), while liaising with institutions such as the Law Commission (England and Wales) and the Civil Service Commission.

Membership comprises crossbench peers, life peers from parties such as the Conservative Party (UK), the Labour Party (UK), and the Liberal Democrats (UK), and occasionally bishops from the House of Lords Spiritual. Chairs have included figures with backgrounds linked to universities like University of Oxford and University of Cambridge, and legal institutions including the Bar Council and the Institute of Advanced Legal Studies. The committee draws on expertise from former holders of offices such as the Attorney General for England and Wales and the Lord Chief Justice of England and Wales, and collaborates with academic centres like the Institute for Government and the Constitution Unit at University College London. Deputations and witnesses have included representatives of the Equality and Human Rights Commission, the Royal Society, and civil society organisations.

The committee follows parliamentary procedures consistent with standing orders of the House of Lords and engages in evidence sessions, call for written submissions, and public hearings often featuring counsel from the Bar Standards Board or testimony from officials of the Cabinet Office and the Ministry of Justice. Investigations employ comparative work referencing constitutions such as the Constitution of the United States and the Basic Law of the Hong Kong Special Administrative Region, and draw on case law from courts including the European Court of Human Rights and the Supreme Court of the United Kingdom. Working methods include pre-legislative scrutiny, post-legislative review, inter-parliamentary exchanges with bodies like the European Parliament and the Congress of the United States, and occasional joint inquiries with committees such as the Ad Hoc Select Committee or the Joint Committee on Human Rights.

Committee reports have covered topics ranging from devolution and human rights to judicial appointments and royal prerogative, often cited in debates in the House of Commons and by ministers in statements to the Cabinet. Reports have been referenced by judicial decisions, quoted in submissions to the Constitutional Reform Group, and used by campaign groups including Liberty (advocacy group) and JUSTICE (NGO). Influence is seen in revisions to Bills including those affecting the European Union (Withdrawal) Act 2018 and debates over the Fixed-term Parliaments Act 2011 and its successors, with uptake by parliamentary authorities such as the House of Lords Library and the Parliamentary Digital Service.

Notable inquiries have covered the constitutional aspects of the House of Lords Reform debates, scrutiny of the Prerogative Powers, implications of the Brexit process including the Article 50 of the Treaty on European Union litigation, and examinations of reform proposals following the Constitutional Reform Act 2005. The committee’s investigations into judicial appointments influenced discourse around the Constitutional Reform Act 2005 implementations and appointments to the Supreme Court of the United Kingdom, while reports on devolution informed negotiations involving the Scottish Government and the Welsh Government. Its work has been cited in parliamentary exchanges involving figures such as David Cameron, Theresa May, and Gordon Brown, and referenced by think tanks including the Institute for Fiscal Studies and academic commentators at the London School of Economics.