§ The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton)I should like to make a Statement on the Government's approach to certain functions of the Lord Chancellor in the light of responses to the consultation documentConstitutional Reform: reforming the office of Lord Chancellor. A summary of the responses was published on 26 January. Last week I introduced a Constitutional Reform Bill into Parliament. The Bill provides for the abolition of the office of Lord Chancellor, as well as for the establishment of a Judicial Appointments Commission and the creation of a Supreme Court, and will, where necessary, make statutory provision to give effect to our approach.
Ecclesiastical Patronage
Since the 14th century the Lord Chancellor on behalf of the Crown has exercised patronage in relation to a number of parishes and cathedral canonries. This patronage is administered with other Crown patronage through a combined office.
With the abolition of the office of Lord Chancellor the Government propose that the Lord Chancellor's patronage should revert to the Crown. Legislation is not required to achieve this. This reversion to the Crown will ensure administrative consistency and take full advantage of existing mechanisms and expertise. Respondents to the consultation and others have made clear how much they value the role of the Crown in a mixed pattern of patronage.
Other ecclesiastical functions
The Secretary of State for Constitutional Affairs, who has ministerial responsibilities in relation to the Church, will assume the Lord Chancellor's role as Church Commissioner. Similarly, the Secretary of State for Constitutional Affairs will take the Lord Chancellor's role in relation to certain ecclesiastical judicial or legal appointments. Where these appointments concern a serving judge in the secular courts he will first consult the Lord Chief Justice. Relevant provisions will be included in the Constitutional Reform Bill.
Visitatorial Jurisdiction
The Sovereign is visitor at certain charitable institutions where no other visitor is named. By convention, the Sovereign's visitatorial jurisdiction is usually delegated to the Lord Chancellor. In addition, the Lord Chancellor holds the title of visitor to a number of organisations in his own right. In these cases the Lord Chancellor's visitatorial functions will revert to the Sovereign with the abolition of his office.
52WSFor the future, proposals in the Higher Education Bill will remove the jurisdiction of the visitor over student complaints, the majority of visitorship issues. For other visitorship responsibilities we propose that the Secretary of State advise the Sovereign on a case-by-case basis and where appropriate appoint a suitably qualified person, such as a serving or retired judge, to undertake the function on behalf of the Queen. This change will not require primary legislation.
Charitable and other Institutions
The Lord Chancellor has a specific role in respect to a number of institutions and schools where he is mentioned in their governing documents. Unless specific action is taken, that absence of the office of Lord Chancellor could cause problems for some of these institutions. Some academic institutions will be affected by the change of visitor. In consultation, some of these institutions have indicated that they wish to amend their governing instruments to reflect the abolition of that office.
To assist such organisations I am proposing to take a power in the Constitutional Reform Bill to be able to amend charters, orders in council or other instruments as a consequence of the abolition of the office of Lord Chancellor.
Great Seal
The Great Seal is used to signify the royal will and authenticate acts of the Sovereign or the Government acting in the name of the Monarch. As I made clear in the consultation document Reforming the office of Lord Chancellor, his responsibilities in relation to the Great Seal are to transfer to the Secretary of State for Constitutional Affairs, who is (after the Prime Minister) the principal source of advice on matters relating to the Crown, and who will have a specific duty to defend and uphold the independence of the judiciary.
Appointments to the senior judiciary are made under the Great Seal. It is an important part of safeguarding the independence of the judiciary, and the new partnership with the executive, that the custody of the Great Seal can be changed only with a clear decision by Parliament through primary legislation. Provisions in the Bill make clear that custody of the Great Seal can be moved away from the Secretary of State for Constitutional Affairs only by primary legislation.