Clause 25 - Removal of Attorney General
Justice (Northern Ireland) Bill
6:00 pm
Mr Crispin Blunt (Reigate, Conservative)
I beg to move amendment No. 170, in page 16, line 2, leave out 'Lord Chancellor' and insert
'First Minister and deputy First Minister, acting jointly.'.
When I first saw this amendment in the name of the hon. Member for Newry and Armagh I wanted to support it on the principle that it is best for the Lord Chancellor to be taken out of this exercise and to be replaced by a First Minister and Deputy First Minister, acting jointly wherever possible. Having examined the amendment and its effect, it appears that the First Minister and Deputy First Minister would appoint members of a tribunal, even though they would, in effect, be the plaintiff on that tribunal by seeking the removal of the Attorney-General. I hope that I have understood that correctly.
However, given that the desire is to devolve those functions to Northern Ireland as far as possible, it would be an appropriate compromise to give the function to the Secretary of State. The hon. Member for Newry and Armagh is on the right lines in trying to remove the Lord Chancellor from the process. It would be appropriate for that function to be held by the Secretary of State, not by the Lord Chancellor. That is more in line with the devolution of justice to Northern Ireland. I accept that there is a concern that because this is a quasi-judicial position, the Lord Chancellor should have a role. However, as far as possible the principle that should direct the Committee is the removal of the functions of the Lord Chancellor. It is appropriate for such quasi-judicial functions to rest with the Secretary of State, who is closer to Northern Ireland business than the Lord Chancellor.