Constitutional Reform Act 2005

House of Lords

Written answers and statements, 23 January 2006

Photo of Lord Falconer of Thoroton

Lord Falconer of Thoroton (Secretary of State, Department for Constitutional Affairs; Labour)

The Government announced plans for significant constitutional reform on 12 June 2003, designed to enhance the independence of the judiciary and to ensure clarity in the relationship between the executive and the judiciary. I plan shortly to introduce the required statutory instruments to bring into force those parts of the Constitutional Reform Act 2005 that will deliver the central aspects of those reforms. As of 3 April 2006, I intend to bring the new Judicial Appointments Commission into being and commence those aspects of the Act that give statutory effect to the provisions of the concordat I agreed with the Lord Chief Justice.

Roles of the Lord Chancellor and Lord Chief Justice

As of 3 April, the Lord Chancellor's role as a judge will cease. The Lord Chief Justice will hold the additional title of President of the Courts of England and Wales and be legally recognised as the head of the judiciary in England and Wales. As set out in the concordat, the role of the Lord Chief Justice will be significantly reformed and strengthened. To support the Lord Chief Justice, the Judicial Office for England and Wales has been established and the new head of that office has recently been appointed and taken up post.

"In addition, to give effect to the new arrangements for the handling of judicial disciplinary matters, a new Office for Judicial Complaints will be established. The arrangements relating to judicial complaints and discipline will be published shortly."

Judicial Independence and Rule of Law

As of 3 April, for the first time there will be a guarantee of continued judicial independence enshrined in statute, underpinned by particular duties binding on the Lord Chancellor and Ministers of the Crown to uphold judicial independence. The Act also formally recognises the constitutional principle of the rule of law and the Lord Chancellor's role in relation to that principle.

Judicial Appointments Commission

As of 3 April 2006, the Judicial Appointments Commission will be formally launched. The appointment of Baroness Prashar as the inaugural chair of the new commission was announced on 6 October 2005. The Queen has given effect to the following appointments:

Judicial members

Lord Justice Sir Robin Ernest Auld

Lady Justice Heather Hallett DBE

Her Honour Judge Frances Margaret Kirkham

District Judge Charles William Frank Newman

Tribunal member

His Honour Judge David Stephen Pearl

Lay Justice Member

Lorna May Boreland-Kelly DBE JP

Professional Members

Mr Jonathan Philip Chadwick Sumption OBE QC

Mr Edward Nally

Lay Members

Professor Hazel Gillian Genn CBE

Sir Geoffrey David Inkin OBE

Mr Francis John Plowden

Ms Harriet Greville Spicer

Ms Sara Catherine Nathan

The appointment of the final judicial member will be announced shortly.

The Judicial Appointments Commission will have responsibility for making selections for the appointment of all judicial office-holders (as provided for in Schedule 14 to the Constitutional Reform Act 2005). Baroness Prashar, the Lord Chief Justice and I have considered the arrangements necessary to ensure that the commission can make the decisive and confident start that we are all agreed is essential. Details of these agreed arrangements have been published today on my department's website at www.dca.gov.uk/pubs/statements/st060123.htm. They will ensure that the transitional period is as short as possible, whilst bringing about a smooth and effective handover of business to the new commission.

Annotations

No annotations

Sign in or join to post a public annotation.