Constitution Committee

The Lady Chief Justice, Baroness Carr, was scrutinised on court backlogs, the growing pressure from new legislation, the role of AI and technology in justice, court estate capacity, legal aid and litigants in person, criminal justice timeliness, magistrates recruitment and training, judicial security, judicial conduct, and public/parliamentary understanding of the judiciary. She defended the use of AI as a cautious efficiency tool, argued that new laws must be assessed through a justice impact lens and early judicial engagement, and said the judiciary is working on new structures, training and communications to meet rising demand. She also gave concrete updates on the business and property division, filming in the Administrative Court, parliamentary liaison work, and security and misconduct reforms for judges.

The Committee scrutinised the Government’s approach to devolution after 27 years, focusing on intergovernmental relations, the Sewel convention, legislative consent, common frameworks, the Council of the Nations and Regions, and the Cabinet Manual update. Ministers defended devolution as a success overall while accepting asymmetry, political competition and the West Lothian question remain unresolved features of the UK constitution. The Government committed to progress the legislative-consent MoU, keep engaging early and transparently on devolved legislation, and share a draft updated Cabinet Manual with the Committee in autumn 2026 for publication in early 2027.

The Constitution Committee questioned the President and Deputy President of the Supreme Court on core judicial functions, international engagement, diversity, governance, appointments, and the use of AI. Witnesses outlined the Court’s role in developing common law and interpreting statutes, highlighted efforts to strengthen relations with Parliament and government, and detailed diversity and leadership initiatives. They described a cautious, principled stance on AI, and reaffirmed an independent, transparent appointment process and international outreach.

The Lords Constitution Committee scrutinised the UK-Overseas Territories Joint Declaration with four OT leaders. Witnesses reported mixed impacts and ongoing delivery challenges: Gibraltar framed the declaration as a restatement of commitments, while Tristan da Cunha and Saint Helena highlighted remoteness-driven costs, demographic pressures, and infrastructure needs; the Falklands stressed communications, capital works, private finance, and Sea Lion development. A central thread was demand for clearer delivery mechanisms, refreshed White Paper guidance, and more structured cross‑Whitehall engagement, including bilateral compacts and a potential Cabinet Office role. Witnesses pressed for earlier, more meaningful consultation on secondary legislation and greater accessibility of interdepartmental contacts to improve responsiveness and accountability.

The Lords Constitution Committee scrutinised the 2023 UK-Overseas Territories Joint Declaration with five territory leaders. Witnesses highlighted substantive governance and constitutional concerns: Anguilla prioritises a new constitution and pensions parity; Montserrat stresses health access, pension fairness, and long‑term stability post‑volcano; Turks and Caicos flags security threats, UK engagement, and EEZ disputes; the Virgin Islands emphasises climate-resilience funding, disaster impact, and debt constraints; Bermuda calls for deeper constitutional autonomy and a modern engagement framework including illicit finance and ownership transparency. Across witnesses, there is broad calls for a refreshed White Paper, formal bilateral compacts, clearer cross‑department ownership, and time‑bound goals to improve implementation and accountability. The committee heard that the Joint Declaration has largely not translated into tangible outcomes to date, with demands for structured follow‑ups, more direct cross‑government engagement, and stronger adherence to agreed principles.

The Constitution Committee’s 4 February 2026 session examined the UK’s relationship with Overseas Territories (OTs) in the context of the 2023 UK–OT joint declaration. Former FCO Permanent Secretary Lord McDonald and former FCDO Permanent Secretary Sir Philip Barton described a relationship that has warmed since the Falklands era but remains uneven and patchy, with territories differing widely in priorities. They stressed continuity of ministerial engagement, a three-layer governance model (departmental officials, governor-led on-the-ground leadership, and OT representatives in London), and the value of persuasion over coercive measures. They warned that cross‑government coordination is not always sustained due to competing domestic priorities, and they highlighted ongoing debates about international norms such as beneficial ownership registers, security, and governance standards. The witnesses acknowledged the climate set by the 2023 joint declaration, emphasising its role in shaping collaboration and expectations, while noting that serious issues require frank, open dialogue and, at times, difficult choices about using extremis powers. The session did not produce concrete new commitments but underscored potential reform questions, including whether the 2012 White Paper remains fit-for-purpose, whether a broader review of OT arrangements is warranted, and how to balance long-term protection and practicality given resource limits and geopolitical shifts (migration, environmental security, etc.).