New clause 1 - Removal or suspension from
Justice (Northern Ireland) Bill [Lords]
4:00 pm
Mr John Spellar (Minister of State, Northern Ireland Office; Warley, Labour)
I beg to move, That the clause be read a Second time.
The 2002 Act set up a system for removing listed judicial office holders from office. The power to remove a judge is exercisable by the First and Deputy First Ministers acting jointly. A judge may be removed only if a tribunal convened under section 8 of the 2002 Act recommends that he be removed on the grounds of misbehaviour or inability to perform the functions of the office. That system will come into effect after the devolution of justice. By ''listed judicial office'', we mean anyone up to and including a High Court judge, although the system will apply only to High Court judges appointed after the devolution of justice.
The new clause removes the requirement for the Lord Chief Justice's agreement to the removal or suspension of a person from a listed judicial office. The Lord Chief Justice will, however, be consulted on the removal. The removal of a person from a listed judicial office will occur only on the recommendation of an independent tribunal. Such a tribunal will be chaired by a Lord of Appeal in Ordinary, the Lord Chief Justice or a Lord Justice of Appeal and will have another senior judicial member as well as a lay person. The Lord Chief Justice will also determine the procedure of the removal tribunals and select their judicial members.
Given the robust and careful arrangements that the 2002 Act already provides in respect of judicial removals, there is no need for the Lord Chief Justice to have a veto. Indeed, it is difficult to think of any circumstances in which the Lord Chief Justice would not agree with the recommendation of an independent and distinguished tribunal that a person be removed from judicial office. Accordingly, there is no reason why he should have the power that the 2002 Act provides.