Lord Chancellor
His Majesty's Government | |
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Ministry of Justice | |
Style | The Right Honourable (within the UK and Commonwealth) |
Type | Great Officer of State |
Member of | |
Appointer | The 1st Lord Cowper as Lord High Chancellor of Great Britain |
Salary | £159,038 per annum (2022)[2] (including £86,584 MP salary)[3] |
Website | Official website |
Political offices in the UK government |
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List of political offices |
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is the highest-ranking traditional minister among the
The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justice. The Constitutional Reform Act 2005 transferred these roles to the lord speaker, the lord chief justice and the chancellor of the High Court respectively.
One of the lord chancellor's responsibilities is to act as the custodian of the Great Seal of the Realm, kept historically in the Lord Chancellor's Purse. A Lord Keeper of the Great Seal may be appointed instead of a lord chancellor. The two offices entail exactly the same duties; the only distinction is in the mode of appointment. Furthermore, the office of lord chancellor may be exercised by a committee of individuals known as lords commissioners of the Great Seal,[5] usually when there is a delay between an outgoing chancellor and their replacement. The office is then said to be in commission. Since the 19th century, however, only lord chancellors have been appointed, the other offices having fallen into disuse.
History
The office of lord chancellor may trace its origins to the
Formerly, the lord chancellor was almost always a member of the clergy, as during the Middle Ages the clergy were amongst the few literate men of the realm. The lord chancellor performed multiple functions—he was the Keeper of the Great Seal, the chief royal chaplain, and adviser in both spiritual and temporal matters. Thus, the position emerged as one of the most important ones in government. He was only outranked in government by the Justiciar (now obsolete).
As one of the King's ministers, the lord chancellor attended the curia regis (royal court). If a bishop, the lord chancellor received a writ of summons; if an ecclesiastic of a lower degree or, if a layman, he attended without any summons. The curia regis would later evolve into Parliament, the lord chancellor becoming the prolocutor of its upper house, the House of Lords. As was confirmed by a statute passed during the reign of Henry VIII, a lord chancellor could preside over the House of Lords even if not a lord himself.[citation needed]
The lord chancellor's judicial duties also evolved through his role in the curia regis. Appeals from the law courts for justice in cases where the law would produce an unjust result (pleas for the exercise of
By the reign of
Churchmen continued to dominate the chancellorship until the 16th century. In 1529, after
At the Union of England and Scotland, the
The office
Formerly, when the office was held by ecclesiastics, a "Keeper of the Great Seal" acted in the lord chancellor's absence. Keepers were also appointed when the office of lord chancellor fell vacant, and discharged the duties of the office until an appropriate replacement could be found. When
Formerly, it was customary to appoint commoners to the office of Lord Keeper, and peers to the office of lord chancellor. A Lord Keeper who acquired a peerage dignity would subsequently be appointed lord chancellor. The last Lord Keeper was Robert Henley, who was created a Baron in 1760 and was appointed lord chancellor in 1761. Since then, commoners as well as peers have been appointed to the post of lord chancellor; however, until the 21st-century changes to the office, a commoner would normally have been created a peer shortly after appointment.
It is also possible to put the office of lord chancellor into commission (that is to say, to entrust the office to a group of individuals rather than a single person). The individuals who exercise the office became known as Lords Commissioners of the Great Seal. Lords commissioners of the Great Seal have not been appointed since 1850.
Formerly, there were separate chancellors of England, Scotland and Ireland. When the
Functions
Executive functions
The lord chancellor is a member of the
By law, the lord chancellor is the minister of the Crown responsible for the administration of the courts and legal aid in England and Wales.[12] In their capacity as secretary of state for justice, the lord chancellor also administers the prison system and probation services in England and Wales.[13][14] It is for the lord chancellor to recommend the appointment of judges to English, Welsh, and UK-wide courts of law and tribunals. Since 2005, senior judges – i.e. Justices of the Supreme Court of the United Kingdom, Lords Justices of Appeal and the heads of the divisions of the High Court – are appointed by the sovereign on the advice of the lord chancellor, who in turn consults an independent Judicial Appointments Commission. Since 2013, all other English and Welsh judges and judicial officers are also appointed by the sovereign on the advice of the lord chancellor in consultation with the Judicial Appointments Commission.[15][16][17][18] The lord chancellor's discretion over judicial appointments is limited by the Constitutional Reform Act 2005 and the Crime and Courts Act 2013. Nevertheless, when consulting the Judicial Appointments Commission, the lord chancellor may prescribe the scope for judicial nominations and choose to either accept or reject its recommendations. Similarly the lord chancellor no longer determines which barristers are to be raised to the rank of King's Counsel. Instead, the lord chancellor supervises the process of selection by an independent panel – to assure appointments comply with the principles of due process, fairness, and efficiency – and advises the sovereign to appoint nominees.[19] In addition, the lord chancellor officiates a ceremony in Westminster Abbey at the beginning of the legal year in front of all the judges. The ceremony is followed by a reception known as the lord chancellor's breakfast which is held in Westminster Hall.
Separately, custody of the Great Seal of the Realm is entrusted to the lord chancellor, as has been the case for nearly a thousand years; this was confirmed by the Great Seal Act 1884 and reaffirmed by the Constitutional Reform Act 2005.[20][21] Documents to which the Great Seal is affixed include letters patent, writs of summmons, writs of election, royal warrants, royal charters and royal proclamations, among many other instruments. The actual sealing of documents is performed by order of the lord chancellor under the supervision of the permanent secretary of the Ministry of Justice, who holds the separate statutory post of Clerk of the Crown in Chancery and is thus head of the Crown Office. The lord chancellor is not keeper of the Great Seal of Scotland, the Great Seal of Northern Ireland, or the Welsh Seal. Rather, the First Minister of Scotland, the Secretary of State for Northern Ireland, and the First Minister of Wales are the lawful custodians.
Legislative functions
Whenever the sovereign appoints
Ecclesiastical functions
The lord chancellor performs various functions relating to the established
Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 | |
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Act of Parliament | |
Long title | An Act to declare the law relating to the tenure of the office of Lord Chancellor by Roman Catholics and to make provision for the exercise of ecclesiastical functions during any tenure of the office of Lord Chancellor by Roman Catholics. |
Citation | 1974 c. 25 |
Dates | |
Royal assent | 9 July 1974 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
Historically, Catholics were thought to be ineligible for the office of lord chancellor, as the office entailed functions relating to the Church of England. Most legal restrictions on Catholics were lifted by the Roman Catholic Relief Act 1829, which, however, provides: "nothing herein contained shall [...] enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal". The words "as he is now by Law enabled", however, caused considerable doubt, as it was unclear if Catholics were disqualified from holding the office in the first place. For the removal of all doubt, Parliament passed the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 (c. 25), declaring that there was never any impediment to the appointment of a Catholic.[27] The act nevertheless provides that, if a Catholic were to be appointed to the office, then the sovereign may temporarily transfer the lord chancellor's ecclesiastical functions to the prime minister or another minister of the Crown.
Other functions
Under the
The lord chancellor is also the Keeper of the King's Conscience. As such, the lord chancellor was once also the chief judge of the Court of Chancery in London, dispensing equity to soften the harshness of the law.
The lord chancellor acts as the
The power to appoint members of certain organisations is vested in the lord chancellor. These organisations include the governing bodies of Harrow School, Rugby School and Charterhouse School.
The Lord Chancellor is responsible for making a speech and raising the toast to the Lord Mayor at the Lord Mayor’s dinner in July each year.[28]
Former functions
Head of the judiciary
The lord chancellor performed several different roles as head of the English and Welsh judiciary. He sat as a judge in the
When peers
The judicial functions of the lord chancellor (as opposed to his role in the administration of the court system) were removed by the Constitutional Reform Act 2005.
Presiding officer in House of Lords
The lord chancellor used to be the presiding officer of the House of Lords by right of prescription. The Constitutional Reform Act 2005 removed this function, leaving the choice of a presiding officer to the House of Lords itself. Ultimately, the Lords chose to elect a Lord Speaker of the House of Lords, which title was already used in the Standing Orders.
Precedence and privileges
The lord high chancellor outranks all other
The lord chancellor's position in the modern
The lord chancellor is entitled to an annual emolument of £227,736 and to an annual pension of £106,868. The lord chancellor's salary is higher than that of any other public official, including even the prime minister, although sometimes the officeholder may voluntarily decide to receive a reduced salary (recent holders have taken the salary of a secretary of state).
Official dress
The lord chancellor, on formal state occasions such as the State Opening of Parliament, wears legal court dress consisting of a black silk velvet cutaway tailcoat with cloth covered buttons, waistcoat and breeches worn with white shirt, lace stock and cuffs, black silk stockings and cut-steel buckled patent court shoes. Over this is worn a black silk damask robe of state with a long train trimmed with gold lace and frogging, with a black silk 'wig bag' attached to the flap collar at the back. A full-bottomed wig is worn and, in the past, a black tricorne hat.
When the lord chancellor sat in the Lords, they wore an undress version of court dress, consisting of the court dress but made of black superfine cloth rather than silk velvet, and over that a black silk robe with a train with the wig bag attached. The wig and tricorne was also worn.
Now that the lord chancellor is appointed from the Commons rather than the Lords, they wear a normal business suit and only wear full ceremonial dress for state occasions. There is an unofficial precedent that lord chancellors that do not have a legal background do not get to wear a wig.
Insignia
The historic insignia of the lord chancellor is a purse containing the
Reform
In the early 21st century, the Labour government viewed it as untenable that all three political functions (executive, legislative and judicial) should be continued in the historical office of Lord Chancellor. In the Government's view, this infringed Montesquieu's principle of separation of powers which declared that no person should have access to all of the three political functions. The lord chancellor could exercise all three powers, and some, such as Quintin, Lord Hailsham, often did so. The Labour Government also took the view that these powers were inconsistent with the European Convention on Human Rights.
However, proposals by the
In January 2004, the Department of Constitutional Affairs published a concordat, outlining the division of authority between lord chancellor and
In March 2004, however, the Lords upset the Government's plans by sending the bill to a Select committee. Although initially seen as a move to kill the bill, the Government and HM Opposition agreed to permit the bill to proceed through the parliamentary process, subject to any amendments made by the committee. On 13 July 2004, the House amended the Constitutional Reform Bill such that the title of lord chancellor would be retained, although the Government's other proposed reforms were left intact. Then, in November 2004, the Government introduced an amendment in the Lords which wholly removed references to the secretary of state for constitutional affairs, changing them to ones about the lord chancellor, with the positions of secretary of state and lord chancellor envisaged as being held by the same person. The final Constitutional Reform Act received royal assent on 24 March 2005 and the major transfers of the historical functions of the lord chancellor to others (such as the Lord Chief Justice and Lord Speaker of the House of Lords) were complete by mid-2006. However the lord chancellor and secretary of state for constitutional affairs remained a member of the Prime Minister's Cabinet, retaining most of the office's original statutory functions.
In May 2007, the
Prior to Tony Blair's premiership, were a person not a
Both Straw and his immediate successor,
Fictional depictions
A fictional depiction of a lord chancellor occurs in Iolanthe, the frequently-revived comic opera by W. S. Gilbert and Arthur Sullivan.[35][36][37] The lord chancellor is the central character in the work but is identified only by his title.
William Rehnquist, late Chief Justice of the United States, was inspired to add four golden stripes to the sleeves of his judicial robes after seeing the costume of the lord chancellor in a production of Iolanthe. The current chief justice, John Roberts, has not continued the practice.
A fictional lord chancellor also appears in Charles Dickens' novel Bleak House (also identified only by title), presiding over the interminable chancery case of Jarndyce and Jarndyce.
Anthony Trollope's Palliser novels feature a number of references to fictitious lord chancellors. The Liberal Lord Weazeling holds the office in the Liberal governments of Mildmay and Gresham in Phineas Finn and Phineas Redux; the Conservative Lord Ramsden holds the position in the Duke of Omnium's coalition government in The Prime Minister. In Gresham's final government at the end of The Prime Minister, the former Liberal Attorney General, Sir Gregory Grogram, is finally given the position, which he had desired for some time.
"King Hilary and the Beggarman", a children's poem by A. A. Milne, relates the story of a fictional lord high chancellor, "Proud Lord Willoughby", who is dismissed for refusing to obey his king.
In David Gurr's thriller A Woman Called Scylla, set in 1977, the main villain is an utterly ruthless and unscrupulous lord chancellor, who grossly abuses his many functions and powers in order to cover up his treason during the Second World War and as a stepping stone towards becoming prime minister. As the writer clearly states, this was not intended to refer to the actual holder of the office at the time of writing or at any other time.
The Lord Chancellor is portrayed by Preston Lockwood in “Rumpole and the Tap End” episode of the Rumpole of the Bailey TV series. He is shown making himself a necklace/chain of office from coloured paper clips, whilst reprimanding Judge Featherstone.
List of lord chancellors
See also
- Alienation Office
- List of lord chancellors and lord keepers
- List of lord chancellors of Scotland
- List of peerages created for lord chancellors and lord keepers
- Lord Keeper of the Privy Seal
References
- Great Steward of Scotland, another Great Officer of State.
- ^ The Lord Chancellor would be outranked only by the Lord High Steward, another Great Officer of State, who is appointed only for the day of coronations and to preside over impeachment trials of peers (a rare occurrence in the House of Lords).
- ^ The title can be pluralised 'lord chancellors' or 'lords chancellor'. The former is more common and is used for consistency throughout the article.[4]
- ^ In his memoirs Simon 1952, p. 255 (Lord Chancellor 1940–1945) writes "It is not constitutionally necessary that the Lord Chancellor should be a Peer (Sir Thomas More was not, for one), but this is practically inevitable, for otherwise he would be limited to the formal business of presiding and "putting the Question" and be unable to take the smallest part in debate. The theory is that the Woolsack itself, and, I suppose, the space immediately in front of it, do not form part of the debating floor, and that is the reason why, when the Lord Chancellor takes part in any discussion – even when only moving the reading of a Bill – he steps nimbly to the left and thus speaks while standing on what is in the full sense Lords' territory."
- ^ Privy Council of the United Kingdom (26 April 2023). "Business Transacted" (PDF). Retrieved 3 May 2023.
- ^ "Salaries of Members of His Majesty's Government – Financial Year 2022–23" (PDF). 15 December 2022.
- ^ "Pay and expenses for MPs". parliament.uk. Retrieved 15 December 2022.
- ISBN 978-0-19-514236-5.
- ^ Great Seal Act 1688, section 1
- ISBN 0-520-01671-8.
- Her Majesty's Stationery Office. p. 7
- ISBN 978-1-84384-138-8.
- ^ Joseph, Parkes (1828). A History of the Court of Chancery. London: Longman, Rees, Orme, Brown, and Green. pp. 29–30.
- ^ Ryley, William (1661). Placita Parliamentaria. London: Twiford & Thome Dring. p. 442.
- ISBN 978-0-19-969495-2.
- ^ "Constitutional Reform Act 2005". The National Archives. Retrieved 18 July 2023.
- ^ Ministry of Justice. "About Us". His Majesty's Government for the United Kingdom. Retrieved 10 September 2022.
- ^ Graham Gee (July 2014). The Office of Lord Chancellor: Evidence to the House of Lords Select Committee on the Constitution (PDF) (Report). The Constitution Unit at University College London. Retrieved 27 December 2023.
- ^ "Courts and Legal Services Act 1990". The National Archives. Retrieved 18 July 2023.
- ^ "Access to Justice Act 1999". The National Archives. Retrieved 18 July 2023.
- ^ "Courts Act 2003". The National Archives. Retrieved 18 July 2023.
- ^ "Crime and Courts Act 2013 (2013 c. 22, sch. 13, part 4)". The National Archives. Retrieved 18 July 2023.
- ^ "Constitutional reform: the future of Queen's Counsel" (PDF). The Lord Chancellor, Department for Constitutional Affairs. p. 9. Retrieved 30 January 2009.
- ^ "Great Seal Act 1884". The National Archives. Retrieved 18 July 2023.
- ^ "Constitutional Reform Act 2005 (2005 c. 4, sch. 7, sec. 1)". The National Archives. Retrieved 18 July 2023.
- ^ Hansard House of Lords: 4 November 2019, 9:30pm
- ^ "Ecclesiastical Jurisdiction and Care of Churches Measure 2018". The National Archives. 10 May 2018. Retrieved 6 September 2023.
- ^ "Church Commissioners Measure 1947, Schedule 1, Paragraph 1". The National Archives. 2 April 1947. Retrieved 6 September 2023.
- ^ "Crown Appointments". Church of England. Retrieved 6 September 2023.
- ^ Jason Loch (28 February 2020). "When The Queen Appoints Your Parish Priest". A Venerable Puzzle. Retrieved 6 September 2023.
- ^ "Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974". The National Archives. 9 July 1974. Retrieved 6 September 2023.
- ^ The role of the Lord Chancellor, released as part of a response from Ministry of Justice to a request made using WhatDoTheyKnow, accessed 8 November 2012.
- ISBN 978-0-7190-1632-5.
- ^ "The Lord Chancellor's judiciary-related functions: Proposals". Department of Constitutional Affairs. January 2004. Retrieved 5 March 2008.
Since referred to as 'the agreement' and also 'the concordat'
- ^ Parliament of the United Kingdom. "Constitutional Reform Act 2005". legislation.gov.uk. Office of Public Sector Information/The National Archives (United Kingdom) and Government Digital Service. Archived from the original on 9 June 2019. Retrieved 9 June 2019.
- ^ The House of Lords Precedence Act 1539, section 8
- ^ Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 13 (11th ed.). Cambridge University Press. p. 63.
- ^ "Constitutional continuity: Jack Straw speech at the London School of Economics". 3 March 2009. Archived from the original on 13 March 2009. Retrieved 5 March 2009.
- ^ "Gilbert and Sullivan Out of Copyright". The Times. London. 1 January 1962. p. 14.
- ^ "Savoy Opera Prospect in the New Era". The Times. London. 5 January 1962. p. 4.
- ^ "Entertainments". The Times. London. 9 October 1978. p. 11.
Bibliography
- Watson, Steven. "Figures on a Woolsack" History Today (Feb 1955) 5#2 pp 75–83.
- Watson, Steven. "Figures on a Woolsack part 2" History Today (Apr 1955) 55#4 pp 228–235
- Campbell, John (1878). Lives of the Lord Chancellors and Keepers of the Great Seal of England From the Earliest Times Till the Reign of Queen Victoria. Vol. I (7th ed.). London: John Murray.
- Simon, Viscount John Allsebrook (1952). Retrospect: the memoirs of Viscount Simon. Hutchinson.
- Great Britain: Parliament: House of Lords (2005). Companion to the Standing Orders and Guide to the Proceedings of the House of Lords. The Stationery Office. ISBN 978-0-10-400709-9.
- Department for Constitutional Affairs. (2003). "Constitutional Reform: Reforming the Office of the Lord Chancellor"
- House of Lords. (2003–2004). Bill 30 (Constitutional Reform Bill).
- Chisholm, Hugh, ed. (1911). "Lord High Chancellor". Encyclopædia Britannica. Vol. 17 (11th ed.). Cambridge University Press. p. 3.