4.1 DCA is responsible for strengthening people's democratic rights by bringing government closer to the people it serves. Our work is focused on:
4.2 We are achieving these objectives by:
4.3 At the same time as creating DCA in
June 2003, the Prime Minister announced proposals to set up a Judicial Appointments
Commission, and a Supreme Court for the UK, and to reform the office of
Lord Chancellor. Rt Hon Lord Falconer of Thoroton was appointed as the first
ever Secretary of
State for Constitutional Affairs.
4.4 There will be a new Judicial Ombudsman overseeing the process of judicial appointment, and new procedures for investigating matters of judicial conduct and discipline. The future of the rank of Queen's Counsel is under review to identify whether it is in the public interest to retain the title.
4.5 As part of the process for preparing and implementing these reforms and taking forward a review of the rank of Queen's Counsel announced by the previous Lord Chancellor, the following consultation documents were published:
4.6 Each consultation document invited the recipient to
respond to a set of questions by
7 November 2003. Approximately 1,060 responses were received. They were
analysed and summaries of responses prepared and published on 26 January
2004 (see www.dca.gov.uk/consult/closed.htm).
4.7 In addition, on 26 January 2004 the outcome of discussions with the Lord Chief Justice and the senior judges about the implications of the constitutional changes for the judiciary, and the terms of a concordat with them, were announced in both Houses of Parliament.
4.8 The Constitutional Reform Bill was introduced to the House of Lords on 24 February 2004.
4.9 The Government's reforms aim to clarify the respective responsibilities for the judiciary, the legislature and the executive and place them on a more modern footing. The abolition of the office of Lord Chancellor will enable the Secretary of State to focus on core Departmental business and key public service delivery requirements.
4.10 An initial Transfer of Functions Order was made in July that transferred to the Secretary of State for Constitutional Affairs certain ministerial functions previously exercised by the Lord Chancellor. Part of the reform also involves dealing with the functions of the Lord Chancellor which are judicial in nature or which relate to the judiciary. Some 700 statutory references to such functions have been identified.
4.11 Other aspects of the reform of the Office of Lord Chancellor are included in the Constitutional Reform Bill. These proposals will help guarantee the independence of the judiciary and build upon the good partnership that currently exists between the executive and the judiciary. The functions of the Lord Chancellor which are judicial in nature or which relate to the judiciary will generally transfer to the Secretary of State for Constitutional Affairs or the Lord Chief Justice as the most senior judge in England and Wales.
4.12 Under the Bill, the Secretary of State is responsible for the administration of the courts, is accountable to Parliament for the efficiency and effectiveness of the courts system, and responsible for supporting the judiciary in enabling them to fulfil their functions.
4.13 The Bill provides for the Lord Chief Justice to lead the judges, as President of the Courts in England and Wales; to ensure that the views of the judiciary are effectively represented; and to be responsible for the education and training of judges, and the deployment of individual members of the judiciary.
4.14 The proposed Judicial Appointments Commission will enhance judicial independence and the separation of powers by removing control of the appointments process from the hands of a single Government Minister and placing it in the hands of an independent body. The Commission will run the appointments process and select candidates to recommend to the Secretary of State for appointment.
4.15 The Commission will employ modern and efficient recruitment methods and be seen to be actively inclusive by encouraging diversity in the judiciary to reflect the balance of the community they serve. The Commission will be comprised of judges, legal and lay members and chaired by one of the lay members. Creation of the Judicial Appointments Commission will ensure that judges are appointed on a demonstrably independent, transparent and accountable basis in which the public and the judges themselves can have full confidence.
4.16 If Parliament approves the proposals, the intention
is that the Commission will initially be located in London. Further consideration
will be given to second
co-location outside London in due course, the details of which will be a
matter for the Commission once operational.
Increasing confidence in public institutions |
4.17 With the creation of the Judicial Appointments Commission, the function of considering complaints about appointments which is at present performed by the existing Commissioner for Judicial Appointments will no longer be required in its current form. Under the proposals the new Commission will advise the Secretary of State on matters relating to judicial appointments.
4.18 Any complaints about appointments will, subject to Parliamentary approval, go to a new Judicial Appointments and Conducts Ombudsman who will also have a role in relation to complaints about the conduct of the judiciary. Complaints about judicial conduct will be handled in the first instance by a complaints secretariat working to support both the Lord Chief Justice and the Secretary of State for Constitutional Affairs, both of whom will have to agree to the imposition of any disciplinary sanction on a judge. It will remain the case that judges of the High Court and above can be removed only by The Queen, on an Address from both Houses of Parliament.
Safeguarding the independence of the judiciary |
4.19 The main remit of the Ombudsman will be to:
Judicial appointments
Judicial conduct and discipline
4.20 The new United Kingdom Supreme Court will, subject to Parliamentary approval, create for the first time a distinct constitutional separation between the United Kingdom's legislature and judiciary. Initially comprising the 12 members of the Appellate Committee of the House of Lords, the Court will assume the jurisdiction of the Appellate Committee and the devolution jurisdiction of the Judicial Committee of the Privy Council.
4.21 A transparent appointments process, incorporating an independent Supreme Court Appointments Commission constituted as vacancies occur, will ensure the Court is equipped to deal with devolution cases, and civil and criminal appeals from each jurisdiction with the exception of Scotland, which criminal appeals will continue to be heard by the Scottish Court of Justiciary.
4.22 The President of the 12 full-time member Supreme Court will have discretion to use members of a Supplementary Panel and holders of high judicial office who are Privy Councillors to assist the Court as required.
4.23 The justices of the Supreme Court will be provided with the support and facilities appropriate to their important role. The court will be based in London, but it will be able to sit elsewhere in the United Kingdom as it considers appropriate. The Supreme Court will be administered as a separate entity within DCA. The organisational structure, job descriptions and operational processes will be finalised subject to the legislation passing through Parliament.
4.24 Under the existing Silk system, Queen's Counsel are appointed by The Queen on the advice of the Lord Chancellor. Appointments are made on the basis of widespread consultation with the judiciary and the profession.
4.25 The consultation paper issued in July was aimed at considering whether the Queen's Counsel system is objectively in the interest of the public and whether it commands public confidence. It addressed the issues of whether it should be retained; if it was to be abolished how that should be done; and what might replace it. A summary of the responses was published on 26 January 2004. The Government is considering the way forward.
4.26 DCA has relied on the judiciary as key partners in much of the Department's work and we have worked with the judiciary to help shape the environment in which they work.
4.27 Many aspects of constitutional modernisation are
reliant on the positive engagement of the judiciary to ensure effective
reform, which is why the concordat with the Lord Chief Justice and the senior
judges was so important. By engaging with the judiciary and sharing their
knowledge
and experience we are more effective at removing anomalies and delivering
robust
and sustainable modern alternatives.
4.28 Members of the judiciary have also helped a range
of other initiatives and programmes by sitting on working groups, responding
to consultations and commenting on the development of policy. By listening
to the first-hand experiences of judiciary and acknowledging their role
as key partners we help ensure that the public benefit from a first-rate
justice system.
Making it easier to vote |
4.29 DCA is responsible for policy on Westminster and European parliamentary elections and national referendums. Local elections and referendums are the responsibility of the Office of the Deputy Prime Minister (see www.odpm.gov.uk). The two Departments work very closely together in helping to deliver successful elections and proposals for reform.
4.30 DCA's objective is to ensure confidence in electoral systems and to facilitate engagement and participation in the electoral process. That includes modernising to improve choice and access for the elector, but also a good deal of work to maintain fit for purpose electoral systems and informing the public and Parliament about electoral matters.
4.31 The European Parliament (Representation) Act (EP(R)A)
was enacted in May 2003.
The Act allowed for the reduction in the number of MEPs
in the UK as a result of the accession of the new member states to the European
Union; and extended the franchise for the European Parliamentary elections
to the people of Gibraltar.
4.32 We took through a large amount of secondary legislation in 2003/04 to follow through the EP(R)A 2003 and the European Parliamentary Elections Act 2002. These regulations allow other changes to the running of the European Parliamentary elections in June 2004, which are to be combined with the 2004 local elections.
4.33 Court Rules relating to party political funding were changed so donations are forfeited where a political party fails to comply with the requirements of the Political Parties, Elections and Referendums Act (PPERA) 2000.
4.34 The European Parliamentary and Local Elections (Pilots) Act 2004 allows all-postal voting to take place in four regions (the North East, East Midlands, Yorkshire and the Humber and the North West) for the European and local elections in June 2004. DCA is working with returning officers and the Royal Mail to address key implementation issues and ensure successful pilots. The pilots will be evaluated by the Electoral Commission, which will report in September 2004.
4.35 The draft Single European Currency (Referendum) Bill was published in December 2003, fulfilling the commitment made by the Government in June 2003.
4.36 An Order was passed in April 2004 which provides
a basic framework for the regulation of the conduct of referendums
held under Part VII of the PPERA 2000, that is, for referendums to be held
throughout the United Kingdom, one or more of England, Scotland, Wales and
Northern Ireland, or
any region in England.
4.37 Consideration was made of the Electoral Commission's proposals for electoral reform in its Voting for Change report (see www.electoralcommission.org.uk), and the Government's response to the report was published in spring 2004 (see www.dca.gov.uk/elections/process.htm). The Government plans to introduce an Electoral Reform Bill when parliamentary time allows.
4.38 DCA met with representatives of disability groups in November 2003 to listen to their concerns about access for disabled electors. The representatives advocated 'multi-channel' elections as essential to provide the diverse access methods needed for the range of disabilities people face. DCA is talking to electoral administrators to find a means of addressing the issues facing people with disabilities.
4.39 In working on reform and supporting the current operation of elections and referendums, DCA works closely with its stakeholders and other Government Departments, particularly ODPM. For the European Elections, a working group was set up with a range of stakeholders, including regional returning officers, in order to ensure successful delivery of the elections. The Group meets monthly. Regular meetings are also held with political parties, to ensure that their needs are taken into account. For the longer-term aim of an electronically enabled general election after 2006, DCA and ODPM jointly lead an electoral modernisation programme board including key stakeholders.
4.40 On 18 September 2003 the Department published its Consultation Paper Constitutional reform: next steps for the House of Lords. The consultation paper proposed further reform of the House of Lords to place the House on a stable footing for the medium term, in the light of the lack of consensus in Parliament on the way forward.
4.41 Although responses to the consultation paper were generally supportive of the Government's specific proposals it became increasingly clear that owing to political resistance the Government would be unable to get its proposed Bill through the House of Lords and that there would therefore be no point in committing further legislative time to this issue at this stage. DCA will continue to be involved in further work on House of Lords reform in the future.
4.42 Part of the June 2003 Machinery of Government changes meant that DCA took on responsibility for managing and maintaining the successful operation of the relationships between the UK Government and the devolved administrations.
4.43 Together with the Irish Department of Foreign Affairs, DCA provides the Secretariat for the British-Irish Council, in co-ordination with officials of each of the other members.
4.44 The devolution team in DCA provide education, advice and guidance on devolution issues using a variety of media including training seminars at the Civil Service College, network groups, and guidance notes. See www.dca.gov.uk/constitution/devolution/guidance.htm.
4.45 DCA manages the constitutional relationship between the UK and the Crown Dependencies. Jersey, Guernsey and the Isle of Man are internally self-governing dependencies of the Crown, each with its own laws and judicial system. We administer the grant of the Royal Assent to island legislation and provide advice to the islands on a range of Government business.
4.46 In 2003/04, 73 Channel Island laws were processed to the Privy Council for the Royal Assent and 17 Isle of Man laws were assented to by the Lieutenant Governor under his delegated powers. In addition, 22 Statutory Instruments extending certain provisions of UK laws were made at the Privy Council.
4.47 DCA provides advice on a number of royal matters. These include succession to the throne and other constitutional questions; use of the title 'Royal'; royal births and marriages; petitions to the Queen; royal warrants and charters; grants of city status and Lord Mayoralty under the royal prerogative; nominations for civilian gallantry awards, and requests for congratulatory messages from the Queen on 100th birthdays and diamond wedding anniversaries.
4.48 We maintain the Official Roll of the Baronetage, and deal with disputed peerages and are in the process of recommending new procedures for a Roll of the Peerage.
4.49 We also advise on relations between the established Church of England and the State and on fundamental marriage law and handle procedures for the appointment of bishops.
4.50 Following the report of the Review Group on Royal Peculiars, the Lord Chancellor made recommendations to The Queen, which have been accepted, on the way forward in dealing with the organisation, management and accountability of the Royal Peculiars - churches that are independent from normal diocesan and provincial control.
4.51 DCA organises the annual ceremony
at the Cenotaph when the Queen leads the nation's remembrance, accompanied
by other members of the Royal Family, senior politicians, High Commissioners
of Commonwealth countries, representatives of the Armed Forces and Civilian
Services, and members of faith communities.