Judicial Appointments Process

Attorney General – in the House of Commons on 3rd October 2019.

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Photo of Martyn Day Martyn Day Scottish National Party, Linlithgow and East Falkirk

What recent discussions he has had with the Secretary of State for Justice on the judicial appointments process.

Photo of Geoffrey Cox Geoffrey Cox The Attorney-General

The priorities of my office are set out in the published business plan for this year, but on the UK’s withdrawal—I beg your pardon, Mr Speaker, I am answering the wrong question. I also beg the hon. Gentleman’s pardon—[Interruption.] Nobody noticed probably, the answers being the same. I can only plead that I am getting your cold, Mr Speaker, and was up far too late this morning.

Again, I am not going to comment in detail on the content of Cabinet discussions, but the Supreme Court judgment undoubtedly represents a significant development in our constitutional arrangements. As I said the other day, it is important to take stock of the implications of that judgment not in the immediate aftermath of a ruling, but deliberately, carefully and thoughtfully. We should not jump to hasty conclusions. The UK’s exit from the EU will have profound ramifications for our constitutional arrangements. As I have said many times, I think that requires a coherent, careful examination, possibly through some formal channel, of the means by which we are to be governed after we leave the European Union. I am not enthusiastic about the prospect of parliamentary scrutiny of judicial appointments and, as I said in answer to an earlier question, the Government have no current plans to introduce such an appointment system.

Photo of Martyn Day Martyn Day Scottish National Party, Linlithgow and East Falkirk

I am grateful for the Attorney General’s answer, and I heard his response to the previous question, but can he categorically rule out any changes that could result in a political appointment system, as I think that is an important point?

Photo of Geoffrey Cox Geoffrey Cox The Attorney-General

The Government have no plans to introduce any such appointment system. The only thing I would say is that this House must have the right to determine the constitutional arrangements of this country, and of course parts of that will have to reflect on the role of the Supreme Court and its constitutional functions. But I agree with him that a US-style appointment system would be a wholly retrograde step.

Photo of David Lidington David Lidington Conservative, Aylesbury

Having had responsibility for a time for judicial appointments, including approving those of the current Lord Chief Justice and the current President of the Supreme Court, may I ask my right hon. and learned Friend to endorse the fact that the track record of the Judicial Appointments Commission shows that it makes its recommendations, having looked at the available candidates, with the utmost thoroughness, scruple and genuine independence? We as a House and a country would cast aside that independence, and instead make the appointment of judges the plaything of a temporary party majority in this House, at our peril.

Photo of Geoffrey Cox Geoffrey Cox The Attorney-General

I could not have put it better than that. I agree with every word that my right hon. Friend said. As I have had cause to say in the House only recently, we have one of the finest judiciaries in the world. Throughout the world, they are beacons of impartiality and independence, and the House should do all it can to promote, protect, and preserve those values. I agree that a US-style process of appointment would not be in the interests of this country and I do not think I can improve on the way he put it.