By Tony O’Reiley-
The House of Lords Constitution Committee has launched an inquiry into the role of law officers and the lord chancellor, to examine the appropriateness of these top law roles in government being held by ministers.
The inquiry is set to examine the extent to which officer holders can remain impartial, given their position in the executive branch of government and whether their ability to uphold the rule of law and defend the independence of the judiciary will be affected by those positions.
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Law officers are ministers with legal experience appointed by the prime minister to give legal advice to ministers. Questions have arisen as to whether a conflict of interest arises in having such highly placed members of the legal profession advice ministers on matters of law which could run contrary to the interests of politicians.
The attorney general, the solicitor general and the advocate general, constitute the three legal officers to the Uk government.
MPs Suella Braverman and Alex Chalk occupy the roles of attorney general and solicitor general respectively, with Lord Stewart of Dirleton QC the advocate general for Scotland. The attorney general also holds the separate office of advocate general for Northern Ireland.
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Concerns have been expressed that the trio wield too much power to be able to act in dual capacities they hold, with critics arguing that standards of fairness and true accountability will be compromised if they are allowed to continue to act in the conflicting roles they have.
In 2006, the House of Commons Constitutional Affairs Select Committee objected to decisions surrounding prosecutions being held by people in government, the reasoning being the very strong possibility of a conflict of interest that leads to the compromise of the rule of law.
In 2006, the House of Commons Constitutional Affairs Select Committee said “legal decisions in prosecutions and the provision of legal advice should rest with someone who is appointed as a career lawyer and who is not a politician or a member of the government.”
That warning and recommendation has not been acted upon nearly two decades later, a dangerous sign that the the credibility of due process could in many cases have been seriously compromised over the years and may still be the case in the absence of a fairer and more reliable system.
Conflict of interest?:Suella Bruverman Image:gov.uk
The inquiry will ask whether it is “appropriate or helpful for the law officers, as government legal advisers, to be politicians serving in government”.
It will also specifically examine the appropriateness of the attorney general, as a member of the government, being involved in decisions about whether to prosecute, and whether the role should be reformed.
Under examination: Lord Stewart of Direleton Image:gov.uk
The inquiry will also ask if the role of lord chancellor, held by the justice minister (currently Dominic Raab), needs reforming. It will consider whether changes to the role in 2005, which saw several responsibilities transferred elsewhere, have been successful.
The attorney general has the responsibility for the Government Legal Department, as well as the Crown Prosecution Service, the Serious Fraud Office, and HM Crown Prosecution Service Inspectorate.
They are also the chief legal adviser to the government and the chief law officer in England and Wales.
A limited number of offences – for example, all offences under the Official Secrets Act – cannot be prosecuted without the consent of the attorney general.
Law officers are politicians and ministers but are expected to act as independent guardians of the rule of law and provide impartial legal advice to ministers and government departments.
Baroness Drake, Chair of the Constitution Committee, (pictured)said: “While this Committee has previously examined the offices of Lord Chancellor and the Attorney General, it is now timely to revisit these topics and consider whether the roles of Lord Chancellor and the Law Officers remain appropriate in their current forms and the extent to which office holders are able to align their constitutional responsibilities with their position in the executive branch of Government
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