Clause 1 - Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission
Justice (Northern Ireland) Bill [Lords]
9:10 am
Mr David Trimble (Upper Bann, UUP)
My apologies, Mr. Benton. I assumed that we were dealing with all the amendments listed under clause 1, but I see now that amendment No. 55 is on a separate line, so we shall leave the discussion on that until later. That enables me to deal in more detail with the amendments that I have tabled to schedule 1. Amendment No. 47 enabled me to table the other amendments to schedule 1. Amendment No. 51, which has not been selected, is also technical. The substantive amendments are amendments are Nos. 52 to 54. Amendment No. 52 would amend section 1 of the Justice (Northern Ireland) Act 2002.
The reason why I tabled the amendment is quite simple. I approach this legislation with a fairly fresh eye, not having served on the Committee that considered the 2002 Act. Looking at section 1 of that Act, which is entitled
''Guarantee of continued judicial independence'',
I was struck by the fact that it refers to the responsibility to
''uphold the . . . independence of the judiciary.''
That is an admirable sentiment, but why is the responsibility limited to those with responsibility for the administration of justice? It seemed to me that that duty should rest with all in government. All Ministers experience occasions on which they deal with the law and the courts, so it would be right for the duty to uphold the administration of justice to be general in its application, rather than limited as it is under section 1.
My next point also concerns a substantive matter. Section 4 of the 2002 Act relates to appointments of the Lord Chief Justice, Lords Justices of Appeal and High Court judges. It draws a distinction between the provisions for appointing the Lord Chief Justice and lord justices of appeal and for appointing High Court judges. The latter appointments come under the purview of the Judicial Appointments Commission and the procedures set out in section 12A of the Judicature (Northern Ireland) Act 1978, which was added by the 2002 Act. The amendments that I have tabled would treat High Court judges in the same way as the Lord Chief Justice and Lords Justices of Appeal. Will the Minister tell us why appointments of High Court judges have not been treated in the same way?
I want to draw the Minister's attention to the background context. Historically—I am referring to the situation in Northern Ireland under the previous devolved arrangements—a significant distinction was drawn between appointments. Under the Government of Ireland Act 1920, appointments of High Court judges, Lords Justices of Appeal and the Lord Chief Justice were made by the Lord Chancellor in Westminster, whereas appointments of county court
judges and lesser judicial appointments were made by the Government of Northern Ireland established under the 1920 Act. Under those arrangements, the devolved Administration had a role in making appointments up to the level of county court judges, but appointments of High Court judges and above were matters reserved for Westminster.
That was an important measure designed to ensure the independence of the judiciary at that level, and to ensure that there was no possibility of the local Administration exercising partial influence over senior judicial appointments. I should not have to spell out to Members of the Committee the significance of that. Under the 2002 Act, that safeguard is broached, and High Court appointments come under the influence of the devolved Administration. The more senior appointments of Lord Justice and Lord Chief Justice are reserved for a different procedure and can be made only by High Court judges.
By transferring the appointment of High Court judges into the purview of the devolved Administration, we are preconditioning the appointments of Lord Chief Justice and the lord justices of appeal. Is that wise? I have grave reservations about it. I am not sure to what extent that point was considered in the debate on the 2002 Act, but it is worth discussing it in this Committee and I look forward to hearing what the Minister has to say. We must ensure that, with regard to senior judicial appointments at the level of the High Court and above, we limit any partial influence that might come to bear.
Amendment No. 54 may be regarded as self-indulgence on my part. I cannot understand why the historic term ''justice of the peace'' is to be discarded in favour of the ugly term ''lay magistrate''. Why should we replace a phrase that has considerable antiquity, is familiar to people, and carries an indication of the nature of the role, with a comparatively flat and ugly phrase?