Blair Faces Controversy Over Decision To Scrap Role Of Lord Chancellor

by Robin Pilgrim, LawAndTax-News.com, London

17 June 2003

UK Prime Minister, Tony Blair's decision to abolish the 1,400 year old position of Lord Chancellor during last week's cabinet reshuffle has attracted both controversy and praise, with civil rights groups applauding the move, and traditionalists suggesting that the planned constitutional reforms represent a 'botch'.

Sparking fresh accusations of 'cronyism', the Prime Minister's former flatmate, Lord Falconer has been appointed as head of a new ministry of constitutional affairs, and will assume the position of Lord Chancellor until it is abolished by statute. However, he will not sit as a judge or preside over the House of Lords.

Speaking on BBC Radio 4 last week, Lord Falconer explained the reasoning behind the move:

'Why should the Lord Chancellor's role go? Because the person who appoints judges should not be a member of the executive, a member of the legislature and involved as well as head of the judiciary. It's about time it happened and that is the effect of the government changes yesterday.'

The government now plans to establish a US-style supreme court to replace the House of Lords as the country's highest court, a move that has been welcomed by civil rights campaigners, cautiously welcomed by the Bar Council, and condemned by critics.

Speaking on behalf of campaign group, Charter88, Karen Bartlett announced that: 'We welcome the creation of the department for constitutional affairs, but we still need a written constitution.'

However, speaking to the BBC, Labour MP, Bob Marshall-Andrews QC argued that:

'If you are going to change 1,500 years of constitutional history, you do it carefully, you have a consultation, a White Paper and experts, and then finally you bring it before Parliament, because Parliament decides the way we are governed, not the Prime Minister on the back of an envelope in Downing Street.'

He continued:

'What we have here is a botch, which looks as though it has been put together in a panic.'

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