Holding the Line Against Tyranny and Anarchy (Constitution Committee Report)

Baroness Levitt Excerpts

Thursday 9th July 2026 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)]

My Lords, I begin, as have so many of your Lordships, by saying a few words about the late Lord Mackay of Clashfern. Many have spoken of his career as having been one of exceptional distinction, and observed that he served this country with great integrity and wisdom. I echo that and add a brief memory of my own. I met Lord Mackay a number of times when he was Lord Chancellor and I was a member of the Bar Council. I say I was a member—I was in fact the most lowly and undistinguished member of the Young Barristers’ Committee, having been called to the Bar about a year before and being still in pupillage at the time. Lord Mackay was unfailingly kind and courteous to me and always asked me what I thought. It really was the mark of the man to notice the least significant as well as the most important. We send the best wishes and great sympathies of your Lordships’ House to his family. He is going to be greatly missed.

I thank the noble Lord, Lord Strathclyde, for having chaired the Constitution Committee during its inquiry into this important topic and for securing this very interesting debate. The issues debated today seem to take on ever greater significance in modern times. This has been reflected in the contributions of all those who have participated and it has been, as one would expect, a debate of exceptionally high quality. I am grateful to the noble Lord and the members of the committee for their thoughtful report. The Government recognise the growing public interest in what the rule of law means, not only in principle but in our fellow citizens’ experience as they go about their day-to-day lives.

The report rewards careful reading, together with the committee’s earlier work on the roles of the Lord Chancellor and the law officers, and on relations between the Executive, the judiciary and Parliament. These issues, concerning constraints on how Ministers act and how the different branches of our constitution work together, are fundamental to a healthy democracy and the strength of the rule of law.

In responding for the Government, I am not going to repeat everything we have said in response to the report, but I will highlight a number of key themes. I begin with the Government’s commitment to the rule of law. I want to make this Government’s position clear. We have been unequivocal in our commitment to upholding the rule of law from the moment we were elected. We recognise that this commitment is a constitutional responsibility which must be carried into practice. It requires, among other things, the protection of judicial independence and respect for the institutions that sustain democratic life. The rule of law is not merely an abstract constitutional principle. Laws that are fair and clear, and courts that are known to adjudicate impartially, are among the stabilising features of a functioning democratic society. They provide the framework which allows our citizens to order their affairs, resolve disputes, hold public authorities to account and conduct business with confidence. The Government agree with the committee that this is not something we can ever take for granted. Indeed, as other Members of your Lordships’ House have said, around the world we have seen that the rule of law is weakened, or even breaks down, when Governments act unchecked or judiciaries are put under political pressure. The Government’s evidence to the committee referred to what has been described as a “global rule of law recession”. In that context, vigilance is essential.

This Government have described the rule of law as one of the most enduring of British values. It is not uniquely British, of course, but it has long shaped the constitutional development of the United Kingdom and its constituent nations. Over time, safeguards for judicial independence have developed and the limits of executive power have been settled. Those achievements require constant vigilance, as well as careful and disciplined maintenance. The relationship between the Government, Parliament and the courts is central to the health of our democracy. A strong rule of law depends not only on what statutes say but on the habits of restraint, mutual respect and accountability that govern the way the institutions behave towards one another.

Within that framework, the constitutional roles of the Lord Chancellor and the law officers—I notice that my noble and learned friend the Attorney-General has materialised on the seat next to me—are of particular importance. The committee returned to these questions, and the Lord Chancellor recognised the continuity between this report and the committee’s earlier work on those offices. Their responsibilities form part of the architecture through which the rule of law is upheld within government. Indeed, the Lord Chancellor and the Attorney-General have led the way in setting out the Government’s commitment to the rule of law—which started in the very early days of this Government with my noble and learned friend’s Bingham Lecture—both within the United Kingdom and on the international stage.

The noble Lord, Lord Norton, observed that many of our fellow citizens are perhaps broadly unaware of what is meant by the rule of law, but it concerns us all. It is a subject not only for lawyers or constitutional specialists; it matters to every person who expects the laws to be applied fairly, decisions to be taken lawfully, rights to be upheld and state power to be exercised within proper limits. Anyone who buys a house, opens a business, or, as the noble Lord, Lord Beith, observed, falls out with a neighbour, is entitled to trust that society is effectively and fairly regulated by law.

Against that background, I turn to a few of the themes that have been raised by your Lordships during today’s very interesting debate. I start with judicial independence. It is one of the clearest themes in the committee’s report, and the Government are clear in their agreement. Independent courts are of fundamental importance. They are a vital protection against overreach by the Executive, and their impartiality gives the public confidence in our justice system and brings stability not only to public life but to social and, importantly, business relationships.

The Government are concerned about the danger posed by baseless attacks on the integrity of judges. We agree with the many noble Lords, including the noble Lords, Lord Strathclyde and Lord Beith, the noble and learned Lords, Lord Thomas of Cwmgiedd and Lord Burnett, and my noble friend Lady Andrews that in recent times we have seen a regrettable and intolerable rise in reckless criticism of judges. We see their impartiality being called into question and attempts to bring their independent role into the political fray. The Government are very concerned that abuse of the judiciary, on social media and elsewhere, has led to unacceptable threats to judges’ safety. The Lord Chancellor has spoken out against such attacks and has made clear his concern about attempts to erode public trust in the independent judiciary.

Judicial decisions will often be debated, scrutinised and criticised. We agree with the noble Lord, Lord Young of Acton, that that is entirely proper in a democratic society. However, our position is that such debate must proceed with care, accuracy and respect for the constitutional role of the courts. The committee’s observation, echoed by the Lady Chief Justice, that this is a shared responsibility and that we are stronger together is an important one. I am sure we can all agree on that point.

Where the Government do not agree with the noble Lord, Lord Young of Acton, is in his suggestion that the requirement that our judges and KCs have understanding of the principles of inclusion is some kind of ideological brainwashing. I think I may speak for many when I say that I am proud that our judges respect, understand and embrace the values of our diverse society. Our diverse society is not just about colour; it is about disability. I think we will all have been moved by what was said by the noble Lord, Lord Shinkwin, about his experience as a wheelchair user recently. We understand that that understanding in our judges is how we preserve their independence.

I turn to the committee’s consideration of issues relating to legislation, legal certainty and the legislative process. We recognise that the rule of law is shored up by the approach that we take to the ordinary business of governing—in the clarity of the laws that we pass, the discipline of legislative practice, the quality of scrutiny and the strength of institutions. The Office of the Parliamentary Counsel publishes materials and drafting guidance designed to ensure that legislation is clear, accessible and consistent. It gives further support to legal clarity by reviewing Bills to make sure that legislation is comprehensible, including to those who do not have a detailed knowledge of the subject. We also recognise and pay tribute to the essential role played by committees of this House, which carry out scrutiny of legislation as it progresses. That is critical to maintaining the integrity of our legislative process.

The issue of delegated powers was raised by my noble friend Lord Stansgate and the noble Lord, Lord Carter. We take seriously and agree that delegated powers should be properly framed and strike the right balance between what is put in primary legislation and the flexibility that can sometimes be offered by delegated legislation. The Government publish a delegated powers memorandum for each Bill that contains such powers, setting out the proposed powers, their purpose and justification. This memo, alongside the Bill, will be subject to rigorous scrutiny by the Delegated Powers and Regulatory Reform Committee.

The committee’s report highlights several important challenges relating to the maintenance of an effective justice system. These were raised by the noble Lord, Lord Strathclyde, the noble and learned Lord, Lord Burnett, and the noble Earl, Lord Effingham. These include delays in courts and tribunals and issues in accessing legal advice and representation. The Government are well aware of the scale of the challenge and are committed to reducing backlogs and improving the performance across courts and tribunals. Steps are being taken to increase judicial capacity. Working closely with the judiciary, the Government are also exploring the scope for achieving greater efficiency through the innovative use of technology across courts and tribunals. That includes AI-enabled tools for tasks such as transcription and document summarisation, with a view to supporting more timely case progression.

We also agree with the committee on the importance of a properly functioning system of legal aid. The scope of legal aid provision is under review. I reassure my noble friend Lady Andrews that there has been considerable investment in the legal aid system. For example, in response to the acute pressures in the housing and immigration sectors, the Government have increased fees in these categories for the first time since 1996. We have also increased criminal legal aid solicitors’ fees and invested up to £34 million a year for criminal defence advocate legal aid fees. The Government agree that people and businesses must be enabled to resolve disputes quickly and fairly.

On the subject of delays in the courts, the noble Lord, Lord Verdirame, asked four questions. I am looking at the clock, so I will write to him and place a copy in the Library, as there are answers to all of those but I do not have the time now to go into the detail that I think he would want.

I turn to trust in policing, raised by the noble Lords, Lord Waldegrave, Lord Strathclyde, Lord Blackwater and Lord Shinkwin, and the noble and learned Lord, Lord Bellamy. We acknowledge that confidence in policing declines if there is a perception that the police are not consistently effective in responding to crime. This can be contributed to by a reduced visible presence in neighbourhoods and lower satisfaction among victims with how incidents are handled. Trust is shaped by how fairly and respectfully people feel that they are treated, particularly in the use of intrusive powers such as stop and search, where perceived disproportionality can undermine confidence among some communities. The Government are rebuilding trust in policing by being more effective in tackling the crimes that have the greatest impact on communities. The police have been successful in reducing knife crime, but we recognise that less dramatic crimes such as anti-social behaviour can have a corrosive effect on confidence within communities. That is why we have brought in a number of new orders designed to reduce this.

I agree with my noble friend Lord Foulkes that the term “two-tier policing” is used mainly to drive division and hatred. It undermines the brave work of police officers up and down the country who do their job, as they should, without fear or favour. Irresponsible claims of two-tier justice are not supported by the evidence and risk undermining confidence in the institutions that uphold the rule of law.

The noble Lord, Lord Carter, the noble Baroness, Lady Laing, and the noble and learned Lord, Lord Neuberger, all mentioned the teaching of the rule of law in schools. The Government completely agree that a healthy democracy depends on informed citizens. It is important to present the rule of law as a foundational principle in this context. Work to improve the education given to young people on these points is well under way. For example, the Attorney-General’s office has been working with the Oak National Academy and the Association for Citizenship Teaching to develop new lesson plans on the rule of law for all key stages, and new lesson plans were launched on 2 July. More broadly, the Attorney-General’s Youth Ambassadors Programme recruits young people from across the United Kingdom and plays an important role in ensuring that the rule of law is communicated across the United Kingdom and beyond in a way that is accessible, engaging and rooted in the voice of the youth.

My noble friend Lord Griffiths asked about the ratification of the Council of Europe Convention for the Protection of the Profession of Lawyer. I asked for the answer, and all I can say is that we are working towards ratification. I am afraid it is not what my noble friend was hoping for; I cannot give him any more than that at present. My noble friend Lady Andrews asked about the Legal Support Strategy Delivery Group. I am happy to tell her that it next meets on 28 July. The noble Earl, Lord Effingham, I am afraid to say, turned the debate into rather a partisan attack on the Government. I hope that he and your Lordships will forgive me for not going into the issue of jury trials today.

The Government welcome the committee’s contribution, together with the further thoughts that have been expressed in your Lordships’ House today. We will continue to reflect carefully on the recommendations the committee has made. We should not take our courts and tribunals, or the wider constitutional culture that supports them, for granted. Events in other parts of the world show what can happen when public confidence in these institutions is undermined. The challenge before us is not a theoretical one: it is a practical constitutional responsibility. This Government are dedicated to ensuring that the rule of law remains not only a defining principle of our constitution but a lived reality in the governance of the country. I agree with the noble Lord, Lord Waldegrave: Britain is not broken. We are proud of the United Kingdom’s long history of respect for the rule of law, but our pride must be matched by vigilance.