Schedule 2
Tribunals, Courts and Enforcement Bill
9:45 am
Vera Baird (Parliamentary Under-Secretary, Department for Constitutional Affairs; Redcar, Labour)
We are talking not about appointments but about widening the pool of eligibility. The provision does not run counter to the separation of powers or the principles of the Constitutional Reform Act. If we accepted the amendments, which we will not do, we would limit the Lord Chancellor’s power to extend eligibility for judicial office, and limit the ability to appoint someone who has the necessary skills and knowledge but who does not have a professional UK qualification.
The hon. Gentleman asked me what sort of person that might be. It is most likely to be a legal academic or someone qualified in Europe or in a Commonwealth jurisdiction. In a different statute, these provisions have already enabled a small number of appointments to the Asylum and Immigration Tribunal and to the Mental Health Review Tribunal, which already have these eligibility requirements in place. We see no reason why they should not be extended to the new first-tier and upper tribunals in recognition of the specialised fields in which those tribunals operate. Having particular skills or experience in a specialised area can be invaluable to the operation of the tribunal.
As I said, it is important to remember that the extension of eligibility is being proposed, not suitability. All applicants will continue to have to meet the rigorous assessment and the demanding criteria set by Baroness Prashar, and I join the hon. Gentleman in praising her and lauding her highly. Rigorous criteria are set, which will be applied. Merit and merit only will be the criteria on any recommendation for appointment. I hope that he is reassured and that he will be able to withdraw his amendment.