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Tribunals, Courts and Enforcement Bill [HL]

With the greatest respect to the chief justice of Malawi, this is not about specific individuals or specific jobs; it is about possible qualifications. The Lord Chancellor would not be able under this piece of legislation to do what the noble Lord quite rightly fears might happen. The provision sets out certain qualifications that people have that would make them eligible for the pool; it is not about specific appointments. The noble Lord’s worst fears would not be realised within the current legislation. That is my understanding of the drafting from parliamentary counsel. We sought to say that there are people within a category of qualification. The example I use, which is as far-fetched as the noble Lord’s one but which makes the point, is that those who have held Commonwealth chief justice positions for more than 10 years and have received the qualifications set out in so doing would as a category be eligible. That would be the equivalent, which I hope gives the alternative view.