The Earl of Caithness and Lord Selsdon pose questions about the constitution

Conservative peers have tabled written questions about Britain's (uncodified) constitution.

The Conservative Party has some tough decisions to make about these kind of issues. They may not be glamorous, but they matter. Can ConservativeHome readers offer some suggestions as to how we can avoid laying siege to our constitution as New Labour have?

The Earl of Caithness asked about the presence of judges in the upper chamber:

"The Earl of Caithness asked Her Majesty's Government:

How many representations they have received since the passing of the Constitutional Reform Act 2005 about the presence of Law Lords in the House of Lords; and from which individuals or organisations. [HL6260]

The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): Ministers have received two letters and one Parliamentary Question from the noble Lord, Lord Carlile of Berriew, answered by my noble friend Lord Hunt of Kings Heath on 29 September 2008 (Official Report, col. WA416) specifically about the presence of Law Lords in the House of Lords since the passing of the Constitutional Reform Act 2005."

That question was followed by another:

"The Earl of Caithness asked Her Majesty's Government:

What assessment they have made of the effect of the presence of (a) judges, and (b) Ministers in the House of Lords on the principle of the separation of powers. [HL6261]

The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): The Government set out in their proposals for establishing a separate Supreme Court the importance that they attached to a visible and institutional separation between the judiciary and the executive and the legislature.

However the UK has never been governed under a system of the pure separation of powers. In a parliamentary democracy, where the executive are directly dependent on and constituted from the legislature, it is appropriate that the executive should be directly represented in both Houses of the legislature."

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