Clause 105 — Removal from most senior judicial offices

Part of Orders of the Day — Constitutional Reform Bill [Lords] — [2nd Allotted Day] – in the House of Commons at 4:30 pm on 1st February 2005.

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Photo of Dominic Grieve Dominic Grieve Shadow Attorney General 4:30 pm, 1st February 2005

That is precisely the question—I do not wholly understand what the reason is. As I infer it, it is this: the Government, on the basis of the history of this matter and their intention to move towards devolved structures, simply reproduced in clause 105 the system that would have applied when the devolved structures were in operation, even though they are not.That is not an adequate reason. For the moment, as we continue to carry the can for the discharge of judicial functions in Northern Ireland, it is unnecessary to remove the power of a Member of this House or the other place to move the motion. The Minister should ensure that that right is here; at least then, when the time comes to set up the devolved structures, it would be understandable for him to come to the House to say that it has to be given up. If he wants to convince me that he is right, his explanation must centre on explaining why we cannot have that right in the interim.