Clause 14 - Removal of names from the supplemental list
Courts Bill [Lords]
10:30 am
Mr Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs; Shipley, Labour)
We have touched briefly on the wonderful issue of the supplemental list. The hon. Gentleman's amendment may have arisen from a misunderstanding. I shall thrill the Committee with a detailed explanation—which I hope is clear and can be followed—of why that is so.
Under clause 13(4) a magistrate may be placed on the supplemental list at his own request. He may do that for various reasons, including, for example, the illness of a close relative. Under clause 13(5) a magistrate may be placed on the list by a direction from the Lord Chancellor on the grounds of incapacity.
Clause 14(2) provides for the removal of names from the supplemental list under the Lord Chancellor's direction, but only if the person's name is on the list as a result of clause 13(4) or (5). However, the removing of a name from the list is not a negative action. Clause 14(2) provides for a change in circumstances, which may mean that the person on the supplemental list would be able to serve again. The circumstances of a person whose name has been placed on the list under clause 13(4) or (5) may change. For example, a person who was previously incapacitated may regain their health and be able to serve again as a magistrate. Clause 14(2) ensures that the Lord Chancellor could allow such a person to continue their valuable service as a magistrate. We need that provision; without it a magistrate would, under clause 12(2), be prevented from serving.
It is unnecessary to provide for the Lord Chancellor to inform a person whose name was being removed under clause 14(2). He could make such a direction only if the person concerned were content for his name to be removed from that list. That would follow a request from that individual. I hope that my explanation gives comfort to the hon. Member for Somerton and Frome, and that he will withdraw his amendment.