Westminster update: Constitution Committee publishes major rule of law report

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Constitution Committee publishes major rule of law report

The House of Lords Constitution Committee warned that politicians should “avoid contributing to unjustified criticism of legal professionals” in its report “the rule of law: holding the line against tyranny and anarchy”.

The report was published on Thursday 20 November.

We welcomed the committee’s report for highlighting the vital role of lawyers in protecting the rule of law.

Our evidence was quoted several times in the report, and we support the committee’s recognition that the government needs to improve its support for legal aid and early legal advice.

The report stresses that although the rule of law has a long history in the UK, its “endurance and vitality is not guaranteed”, pointing to global trends of a decline in the rule of law alongside a rise in autocratic regimes.

The committee highlighted evidence that distrust in the legal profession has grown, fuelled both by negative rhetoric from media and politicians and by “frustrations due to massive inequalities and lack of access to legal advice”.

The report cites civil unrest in August 2024, when misleading narratives on social media contributed to 39 law firms and advice centres being targeted.

We told the committee that lawyers “should be free to do their jobs without fear of attack”, arguing that these incidents pose a direct threat to the rule of law.

The committee emphasised that trust in the wider legal profession – including solicitors, barristers, chartered legal executives and paralegals – is key to sustaining a strong rule of law culture.

It urged politicians to avoid language that could unjustifiably undermine confidence in those working within the justice system.

However, the report also acknowledges that some of the damage to public trust has come from within the profession itself, such as recent cases of poor ethical conduct.

The committee therefore recommended that professional bodies review and strengthen ethical training, requiring that lawyers receive dedicated ethics education throughout their careers.

Home secretary introduces landmark asylum reforms

On Monday 17 November, home secretary Shabana Mahmood announced the government’s plans to reform the asylum system.

Named “restoring order and control”, these measures include:

• changes to the duration of asylum status
• shorter intervals between reassessment
• methods to remove government support if asylum seekers commit crime or break certain rules

We warned that the reforms must not weaken access to independent legal advice or impact fairness in the appeals process, particularly for vulnerable applicants.

The home secretary faced both praise and questions from Labour MPs, while the Conservatives and Reform welcomed the measures but called for them to go further. The Liberal Democrats cautiously opposed the measures.

Leader of the opposition Kemi Badenoch argued that “tinkering” with the system won't fix what she described as a deep structural problem.

She maintained that leaving the European Convention on Human Rights (ECHR) is the only solution and invited the home secretary to meet to discuss joint action.

The home secretary argued that while many people seeking asylum are genuine refugees, others are trying to use the system for economic reasons, and the UK’s comparatively generous offer has become a draw.

She pointed to countries like Denmark, which have tightened their systems and seen applications fall, saying the UK now needs to do the same.

Her key changes include making refugee status more temporary rather than a route to quick permanent settlement.

People will receive two and a half years of protection at a time. Permanent settlement will only come after 20 years, and more countries will be deemed safe to return by the government.

A new work and study route will encourage refugees into employment and provide a faster path to settlement.

Kerry McCarthy (Labour) raised the problem of poor immigration advice.

The home secretary said they would establish a new appeals body of independent adjudicators, and legal advice will be provided at the start of claims to avoid repeated appeals.

She further confirmed upcoming legislation to tighten the modern slavery system to make sure that protections are not misused.

Sarah Owen (Labour) questioned the deterrent effect of confiscating valuables.

The home secretary clarified that jewelry is not being taken at the border. However, where asylum seekers have assets, they will be expected to contribute to accommodation costs.

Home secretary announces new migration measures

Following asylum changes earlier in the week, on Thursday 20 November, home secretary Shabana Mahmood launched a consultation on earned settlement.

She called the announcement the “most significant overhaul of the UK’s legal migration system in half a century”.

Central to the proposals is a shift from an automatic five-year route to settlement to a contribution-based model, doubling the qualifying period to ten years for most migrants.

Exceptions will apply for those making strong contributions to British life, such as:

• skilled public service workers
• Global Talent visa holders
• higher-rate taxpayers

Immediate family members of UK citizens and Hong Kong British Nationals (Overseas) will retain the current five-year pathway.

The consultation, which closes on 12 February, will also consider transitional arrangements for those already in the UK.

We are working with members to respond to the consultation.

The government’s aim through these reforms is to make Britain’s settlement system the most controlled and selective in Europe.

Low-paid workers, including those who entered on health and social care visas, would face a 15-year baseline wait for permanent settlement.

This reflects concerns from Labour, the Conservatives and Reform over abuse of the route before its closure earlier this year.

Additional incentives for integration – such as English proficiency and volunteering – could shorten qualifying periods.

The government argued in the statement that settlement is a privilege, not a right, and it intends to apply the new rules to nearly two million migrants who arrived since 2021, excluding those with existing settled status.

Lords debate AI regulation

Lord Holmes of Richmond (Conservative) pressed ministers on the timeline for a government consultation on AI legislation during an oral question session on Monday 17 November.

Minister for the digital economy Baroness Lloyd did not confirm whether an AI bill would appear in the next session of Parliament, reiterating that the government “does not speculate on future legislation”.

She emphasised that AI is already regulated under the UK’s context-specific, sector-led model, pointing to existing regulatory sandboxes and the proposed AI Growth Lab as examples of how regulators are adapting to technological change.

Lord Holmes responded that both the previous and current governments have taken a “wait and see” approach to AI, creating uncertainty for innovators, investors and the public.

He stressed the need for greater clarity and consistency in the UK’s regulatory direction.

Lord Clement-Jones (Liberal Democrat) highlighted the new Lords AI and copyright engagement group and wider industry working groups, suggesting it would be “extraordinary” if the government did not bring forward legislation after these conclude.

Baroness Lloyd replied that the government had promised further discussions during the passage of the Data Act and that it would be premature to decide on future legislation before those talks are complete.

Lord Tarassenko (Crossbench) asked whether the UK should develop a sovereign large-language model, following similar moves by Italy, the Netherlands and Switzerland.

Baroness Lloyd said the government’s focus was instead on areas of strategic UK strength, such as specialist “narrow” models in defence or drug discovery, and on exploring new computing approaches that could outperform current systems.

Coming up

We are working closely with MPs and peers to influence a number of bills before Parliament:

• Border Security, Asylum and Immigration Bill began a consideration of Commons amendments on 24 November
• Children’s Wellbeing and Schools Bill will begin its report stage in the Lords on a date to be confirmed
• Crime and Policing Bill began its committee stage in the Lords on 10 November
• Employment Rights Bill will begin a consideration of Lords amendments on a date to be confirmed
• Mental Health Bill began a consideration of Commons amendments on 24 November
• Planning and Infrastructure Bill began its consideration of Commons amendments in the Lords on 24 November
• Public Office (Accountability) Bill will begin its committee stage in the Commons on 27 November
• Terminally Ill Adults (End of Life) Bill began its committee stage in the Lords on 14 November
• Sentencing Bill will begin its committee stage in the Lords on 26 November