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

Lord Carter of Haslemere Excerpts

Thursday 9th July 2026 Lords Chamber

[Lord Carter of Haslemere (CB)]

My Lords, it is a privilege to follow the noble Lord, Lord Shinkwin, in this debate. In a world where so-called “strong men” are ruling with tyranny and anarchy around the globe, in total disregard of the rules-based international order, we should consider ourselves hugely fortunate to live in a country where compliance with the rule of law is still considered important. The Constitution Committee’s report is an invaluable reminder of the central part the rule of law plays, or should play, in the way our constitution works in practice.

Because the rule of law is so critical, and compliance—or non-compliance—with it has consequences for all of us, I am going to start at the very end of the committee’s report, which recommends a “huge improvement” in the way it is taught as part of citizenship education. That point has already been made by a number of noble Lords, including the noble Baroness, Lady Laing, the noble and learned Lord, Lord Neuberger, and the noble Lord, Lord Norton. I am not going to repeat the points that they have made, albeit that was the first part of my speech—that is one of the hazards of coming towards the end of the pecking order.

I should declare an interest, since my Private Members’ Bill would require citizenship to be taught by trained teachers at all the key stages of the national curriculum. I will elaborate on why citizenship education is so important. Engaging our young people with the constitution will help to combat their apathy towards politics and politicians—a point that I think the noble Lord, Lord Foulkes, made earlier. Recent surveys reveal that they feel deeply disconnected from the political establishment, and that some are even disillusioned with democracy itself, feeling that politicians largely ignore their needs. Perhaps this explains why only 37% of 18 to 24 year-olds voted in the last general election.

Part of the problem is that, as ONS statistics show, there is a low level of trust in the political parties. This carries the danger that our young people will be drawn to a more authoritarian system and to populism, as is happening in countries such as the USA, the Netherlands and Germany, among others. This was the warning from the noble Baroness, Lady May, in her memorable Lord Speaker’s Lecture last year. One reason why there is scepticism about the political establishment is that parties do not keep the promises they make. As Lord Bingham said in his definition of the rule of law—which was quoted by the committee—Ministers, in whatever party, must exercise their powers for the purpose for which they are conferred. To my mind, that includes not just the well-known Padfield principle in public law but keeping faith with undertakings. Breaking promises undermines our democracy and leads to the political turmoil we have seen over the last 10 years, where the only stable thing in No. 10 has been Larry the cat.

There are many examples over both Conservative and Labour Administrations, but I want to point to Henry VIII clauses. Shortly after Labour came into office, we were told by the Attorney-General, in an impressive Bingham Lecture on the rule of law, that there was a need to consider the balance between primary and secondary legislation and the use of Henry VIII powers, since it raises real questions about how we are governed and therefore affects each and every one of us on a daily basis. We were told the Government would lead by example, yet—through no fault of the Attorney-General—Henry VIII clauses are “increasingly being … used” by departments

“to make policy that should more appropriately be made by primary legislation”—

the committee’s words, not mine. Governments, of any colour, who fail to deliver on what they have said undermine trust in our democracy, which is inextricably linked to the rule of law.

As we know, Henry VIII clauses can be used to amend primary legislation, but, like all SIs, they are subject to significantly less scrutiny than primary legislation. As we know, they cannot be amended but only struck down—but when was the last time any SI was rejected?

One is spoilt for choice in terms of recent examples of Henry VIII powers, but just look at those which apply by virtue of Section 54 of the Children’s Wellbeing and Schools Act. These are Henry VIII powers that are well concealed in other legislation by being applied via the back door of Section 54 to a vast array of new statutory provisions by virtue of amendments to that other legislation. Legislation should be clear and accessible, as we have heard.

This brings me to my last point, which is that legislation is difficult to navigate, even for lawyers, let alone laypeople. The fact that many Acts of Parliament consist largely of amendments to previous legislation makes the task doubly difficult. The recent Representation of the People Bill is a classic example of a Bill heaping yet more complexity on to an already hugely complex Political Parties, Elections and Referendums Act 2000. Again, the Constitution Committee has said that legislation should be clear and accessible.

To conclude where I started, we need to engage our young people with our precious constitution, combat some of their apathy towards politics and politicians, restore public trust in our political leaders and make the legislative process clearer and more accessible. All this would help enhance interest among our young people in citizenship issues, including the rule of law, and help create the political leaders of the future.