Clause 1 - Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission

Part of Justice (Northern Ireland) Bill [Lords] – in a Public Bill Committee at 10:00 am on 25 March 2004.

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Photo of John Spellar John Spellar The Minister of State, Northern Ireland Office 10:00, 25 March 2004

I am not entirely convinced by the logic of the arguments advanced by the right hon. Member for Upper Bann and the hon. Member for Basingstoke. The 2002 Act provides for the creation of a Judicial Appointments Commission, to which I think the right hon. Gentleman objected in principle. However, as the creation of a Judicial Appointments Commission is already enshrined in statute, we are arguing about timing: whether we appoint a Judicial Appointments Commission before the restoration of a devolved Assembly and Executive and before the devolution of justice. If we believe there are merits in the creation of a Judicial Appointments Commission, and Parliament, like the reviews, is persuaded of that, there are good reasons for proceeding now, in order to deal with the issues raised by the hon. Member for South Down (Mr. McGrady).

We do not have to draw only on abstract principles as we can consider what has happened in Scotland, which the Select Committee on the Lord Chancellor's Department examined in its second report of the

2002–03 Session entitled ''Judicial Appointments: lessons from the Scottish experience''. The Committee reported a general impression that the Judicial Appointments Board

''had settled down well, and was seen as successful even by those who had initial reservations about its creation or structure.''

I quote for the interest of the Committee; I do not draw a direct analogy. The report continues:

''It was also particularly welcomed by those who regarded the old system of appointment as too open to political influence,''—

that deals with the point made by the hon. Member for South Down—

''too secretive or too dominated by those practising in Edinburgh''.

Some comments relate particularly to the Scottish experience, but the general impression is that things have worked well. We, too, believe that what is proposed will work well, which is why we support the clause.

Question put and agreed to.

Clause 1 ordered to stand part of the Bill.

Schedule 1 agreed to.