Judicial Functions of The House of Lords - Reform

Reform

In 1873, the Government introduced a bill to abolish the judicial role of the House of Lords in English cases (Scottish and Irish appeals were to be preserved). The bill passed, and was to come into force in November 1874. Before that date, however, the Liberal Government of William Ewart Gladstone fell. The new Conservative Government, led by Benjamin Disraeli, passed a bill to postpone the coming-into-force of the bill until 1875. By then, however, the sentiments of the Parliament had changed. The relevant provisions of the bill were repealed, and the jurisdiction of the House of Lords came to be regulated under the Appellate Jurisdiction Act 1876. Under that Act, appeals were no longer brought in the form of petitions. Rather, appeals were formally made from the lower courts.

There were concerns related to the role of the House of Lords as a judicial body. The participation of the Lord Chancellor in judicial sittings varied over the years. Lord Gardiner (Lord Chancellor from 1965 to 1970) sat on four days, Lord Hailsham of St Marylebone (1970 to 1974 and 1979 to 1987) on eighty-one days, Lord Elwyn-Jones (1974 to 1979) on eight days, Lord Havers (1987) never, Lord Mackay of Clashfern (1987 to 1997) on sixty days and Lord Irvine of Lairg (1997 to 2003) on eighteen days. Lord Chancellors generally did not sit judicially when the Government had a stake in the outcome; during a debate in the Lords, Lord Irvine said, "I am unwilling to lay down any detailed rules because it is ever a question of judgment combined with a need to ensure that no party to an appeal could reasonably believe or suspect that the Lord Chancellor might, because of his other roles, have an interest in a specific outcome. Examples might be where the lawfulness of a decision or action by any Minister or department might be at issue." The next Lord Chancellor, Lord Falconer of Thoroton, decided not to sit judicially at all. Under the Constitutional Reform Act 2005 the Lord Chancellor is no longer a judge.

Part 3 of the Constitutional Reform Act 2005, which came into force on 1 October 2009, abolished the judicial functions of the House of Lords (except on impeachment), and transferred them to a new body, the Supreme Court of the United Kingdom. Ten of the initial Justices of the Supreme Court were ten of the twelve then existing Lords of Appeal in Ordinary (Law Lords). One of the Law Lords (Lord Scott of Foscote) had retired on 30 September 2009 and the 12th, Lord Neuberger of Abbotsbury, became the Master of the Rolls (the senior judge who heads civil justice in England and Wales). The 11th place on the Supreme Court was filled by Lord Clarke (previously the Master of the Rolls), a member of the House of Lords who was the first Justice to be appointed directly to the Supreme Court. The 12th place was initially vacant. Although the Justices will still be formally addressed in the Supreme Court as "My Lord" or "My Lady", future appointees will not be elevated to the House of Lords.