The Judicial Work of the House of Lords

Task 1. Read the text

The Judicial Work of the House of Lords

The House of Lords has a judicial function in addition to its legislative and deliberative function. The House is the highest court in the land – the supreme court of appeal. It acts as the final court on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. Its decisions bind all courts below.

This is an unusual role for a legislative body that is part of Parliament. In most other democracies, the judiciary is separate from the legislature – usually in the form of a supreme court of appeal. For this reason the Government has legislated to establish a United Kingdom Supreme Court that will be constitutionally and physically separate from Parliament. Until October 2008, when the new UK Supreme Court is expected to come into operation, the present system will continue. The reasons for the present set-up are historical – the House of Lords has done this work for more than 600 years as part of the High Court of Parliament. Although the House of Commons was originally part of the High Court of Parliament, it has not been involved in judicial work since 1399. Today only highly qualified professional judges appointed to be law lords take part in the judicial function of the House.

The law lords. Since the 1876 Act the judicial work of the House has been done only by professional Lords of Appeal in Ordinary. At one time the Lord Chancellor sometimes sat, but no longer does so.

There are 12 Lords of Appeal in Ordinary (or law lords). They are equivalent to supreme court judges in other countries and when the new UK Supreme Court comes into operation in 2008 the law lords will become the first justices of the Supreme Court. Law lords are appointed by the Queen on the advice of the Prime Minister, usually from the ranks of the senior appeal court judges in each part of the UK. The first woman law lord was appointed in 2004 (Baroness Hale of Richmond).

“In Ordinary” means that the lords work full time at the judicial business of the House and receive a salary. This is not paid by the House of Lords but direct from the “Consolidated Fund” (the revenues held in the Exchequer account at the Bank of England). That helps to ensure their independence.

Law lords are full members of the House and may speak and vote on all business. In practice they rarely do so. A law lord chairs the Committee on the law and institutions of the European Union. Serving law lords, however, do not engage in matters where there is any element of party political controversy; and they bear in mind that they may render themselves ineligible to sit judicially if they express an opinion on a matter which might later be relevant to an appeal to the House. When a law lord retires, he remains a member of the House and is then much more free to participate in debates on legislation and public policy: several do so regularly.

In addition to their judicial work, law lords are often asked to chair major public inquiries. Recent topics of inquiry have included the events of “Bloody Sunday” in Northern Ireland and the death of the MOD scientist Dr David Kelly. Law lords regularly give lectures and talks; and many are involved with law faculties of universities. They also have a diplomatic function as ambassadors for the British legal system and common law: receiving distinguished foreign and Commonwealth judges at Westminster, and travelling abroad.

Task 3. Complete the following sentences.

1. The House acts as the final court on points of law for ….

2. The new UK Supreme Court will be constitutionally ….

3. The House of Lords has done the judiciary work for ….

4. Only highly qualified professional judges appointed to be law lords take part in ….

5. Law lords are equivalent to ….

6. The first woman law lord ….

7. “In Ordinary” means ….

8. The law lords are not paid by the House of Lords but ….

9. Law lords may speak and vote on all business in the House but ….

10. Serving law lords do not engage in matters where ….

11. Law lords regularly give lectures and talks and also have ….

Vocabulary Check

Grammar Revision: Reported Speech

Task 1. Read the text

The Judicial Work of the House of Lords

The House of Lords has a judicial function in addition to its legislative and deliberative function. The House is the highest court in the land – the supreme court of appeal. It acts as the final court on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. Its decisions bind all courts below.

This is an unusual role for a legislative body that is part of Parliament. In most other democracies, the judiciary is separate from the legislature – usually in the form of a supreme court of appeal. For this reason the Government has legislated to establish a United Kingdom Supreme Court that will be constitutionally and physically separate from Parliament. Until October 2008, when the new UK Supreme Court is expected to come into operation, the present system will continue. The reasons for the present set-up are historical – the House of Lords has done this work for more than 600 years as part of the High Court of Parliament. Although the House of Commons was originally part of the High Court of Parliament, it has not been involved in judicial work since 1399. Today only highly qualified professional judges appointed to be law lords take part in the judicial function of the House.

The law lords. Since the 1876 Act the judicial work of the House has been done only by professional Lords of Appeal in Ordinary. At one time the Lord Chancellor sometimes sat, but no longer does so.

There are 12 Lords of Appeal in Ordinary (or law lords). They are equivalent to supreme court judges in other countries and when the new UK Supreme Court comes into operation in 2008 the law lords will become the first justices of the Supreme Court. Law lords are appointed by the Queen on the advice of the Prime Minister, usually from the ranks of the senior appeal court judges in each part of the UK. The first woman law lord was appointed in 2004 (Baroness Hale of Richmond).

“In Ordinary” means that the lords work full time at the judicial business of the House and receive a salary. This is not paid by the House of Lords but direct from the “Consolidated Fund” (the revenues held in the Exchequer account at the Bank of England). That helps to ensure their independence.

Law lords are full members of the House and may speak and vote on all business. In practice they rarely do so. A law lord chairs the Committee on the law and institutions of the European Union. Serving law lords, however, do not engage in matters where there is any element of party political controversy; and they bear in mind that they may render themselves ineligible to sit judicially if they express an opinion on a matter which might later be relevant to an appeal to the House. When a law lord retires, he remains a member of the House and is then much more free to participate in debates on legislation and public policy: several do so regularly.

In addition to their judicial work, law lords are often asked to chair major public inquiries. Recent topics of inquiry have included the events of “Bloody Sunday” in Northern Ireland and the death of the MOD scientist Dr David Kelly. Law lords regularly give lectures and talks; and many are involved with law faculties of universities. They also have a diplomatic function as ambassadors for the British legal system and common law: receiving distinguished foreign and Commonwealth judges at Westminster, and travelling abroad.