Bill establishes Supreme Court

25 February 2004

Plans to set up an independent Supreme Court as the final court of appeal are published today in the Constitutional Reform Bill. It will have its own staff, budget and eventually its own building.

The Supreme Court will be the final court of appeal for England and Wales and Northern Ireland, and the final civil court of appeal for Scotland. It will also rule on devolution issues - a role currently performed by the Judicial Committee of the Privy Council.

The 12 judges, to be known as Justices of the Supreme Court, will not be allowed to sit in the House of Lords as members. The current Law Lords will become the first 12 Justices of the Supreme Court. Future appointments will be made through an independent appointments system.

The Bill also introduces measures to abolish the office of Lord Chancellor. The functions will be transferred to the President of the Courts of England and Wales - a post to be filled by the current Lord Chief Justice, Lord Woolf.

The Bill also:

• Legally bounds Government Ministers to uphold the independence of the judiciary; and
• Introduces a Judicial Appointments Commission to appoint judges, independent of political patronage.

Secretary of State for Constitutional Affairs Lord Falconer said the changes would inspire more transparency, more openness and greater public confidence in Britain's constitution.

"The package of reforms I am announcing today will guarantee judicial independence and help modernise the justice system," he said.

"Separating government, Parliament and the courts will be a significant step forward for the constitution and the country."

Today's Bill follows a four-month consultation in 2003.

Extra info

• More on the constitution is available from the Department for Constitutional Affairs (external link)

Useful websites

• Department for Constitutional Affairs (external link)
• Court Service for England and Wales (external link)