Clause 22 - Appointment etc.
Courts Bill [Lords]
11:00 am
Mr David Heath (Somerton and Frome, Liberal Democrat)
May I ask the Minister a simple question about the appointments procedure for the various types of justices of the peace? Under clause 22, the process is clearly laid out:
''Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person . . . to be a District Judge''.
Clause 10 states:
''Lay justices are to be appointed for England and Wales by the Lord Chancellor by instrument on behalf and in the name of Her Majesty.''
Clause 24 states, in dealing with deputy district judges,
''The Lord Chancellor may appoint a person'',
and there is no reference to Her Majesty, despite the fact that a deputy district judge has exactly the same functions as a district judge. Why is there a difference? I presume that there are historical reasons for it, rather than any difference in functions under the Bill. It is time that we sorted out such things and had a consistent method of appointment. The judicial appointment process has a degree of internal logic, at least in terms of where the fount of authority lies—all people who act in a judicial capacity are answerable to the Crown—so why in some instances is the Lord Chancellor allowed to act on his own?