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Motion to consider. Agreed to on question.

Lead member
Shailesh Vara
Answering member
Andy Slaughter
Department
Ministry of Justice
Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Committee
Fifth Delegated Legislation Committee
Date
21 November 2013
House
House of Commons

Letter dated 25/07/2013 from Lord McNally to Lord Scott of Foscote regarding the draft Judicial Appointments Regulations 2013. 3 p.

Deposited by
Ministry of Justice
Type
Deposited papers
Date
25 July 2013
Reference
DEP2013-1384
House
House of Lords

My Lords, the three sets of regulations before us today contain the detail of selection processes for judicial appointments and the composition of the Judicial Appointments Commission. Specifically, the draft Judicial Appointments Regulations 2013 set out the details of the selection processes to be followed when selecting for certain judicial...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc401-4GC
House
House of Lords

My Lords, I wish to make a brief general point about judicial diversity in connection with these regulations. The Committee knows that my noble friend is a forceful advocate of judicial diversity. The Government’s commitment was apparent during the passage of what is now the Crime and Courts Act, and...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c404GC
House
House of Lords

My Lords, I shall make a short point relating to the Supreme Court (Judicial Appointments) Regulations. Before I explain my point, I should declare an interest. I recently retired as deputy president of the Supreme Court. For the past four years I have been a member of the ad hoc...

Member
Lord Hope of Craighead (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc404-6GC
House
House of Lords

My Lords, perhaps I may express my agreement with the remarks made by my noble and learned friend Lord Hope of Craighead. I want to add a few words on the Supreme Court regulations relating to the manner in which believed incapacity is to be dealt with. As your Lordships...

Member
Lord Scott of Foscote (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc406-7GC
House
House of Lords

My Lords, I thank the Minister for his pithy exposition of the Supreme Court (Judicial Appointments) Regulations 2013. I have been in this Parliament for only four decades. Notwithstanding that, I know that a Member without any legal insight is entitled to take part in the proceedings of your Lordships’...

Member
Lord Jones (Labour)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c408GC
House
House of Lords

My Lords, in relation to the Judicial Appointments Commission Regulations 2013, I seek some guidance and some information from the Minister. In terms of the composition of the commission, to which the Minister referred in his remarks, Regulation 4(5) includes as a legally qualified member of the commission a,

“fellow of...

Member
Lord Hardie (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c408GC
House
House of Lords

My Lords, I, too, echo the words expressed by my noble and learned friend Lord Hope of Craighead about the signal and striking contribution made over the years by the noble and learned Baroness, Lady Hale of Richmond, to the

laudable, estimable cause of judicial diversity. It is indeed a...

Member
Lord Brown of Eaton-under-Heywood (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc408-9GC
House
House of Lords

My Lords, I join other noble Lords in congratulating and thanking the Minister for his very clear presentation of the regulations, and join some of your Lordships in expressing a slight note of regret that the noble and learned Baroness, Lady Hale, has not been appointed to the very high...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc409-410GC
House
House of Lords

To clarify, is the noble Lord saying that the legally qualified person who is a fellow of the Chartered Institute of Legal Executives would only be part of a commission which appointed members to a tribunal?

Member
Lord Hardie (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c410GC
House
House of Lords

I am not in a position to say that—the Minister is—but I gather that he or she would not necessarily be restricted in that respect. Personally I welcome that because otherwise you would have the somewhat anomalous position where the converse would not be the case: the member engaged in...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc410-1GC
House
House of Lords

My Lords, I am extremely grateful to all those who have contributed to a very interesting debate. I have to confess that as I sat waiting for the debate to begin, I felt rather like a character in Alfred Hitchcock’s “The Birds”, as I watched various distinguished Members of your...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 cc411-4GC
House
House of Lords

I thank the Minister for allowing me to intervene on this. I do not have any legal qualifications, but I understand employment relations. I am grateful that the Minister has agreed to take this incapacity issue back because I think it is important to look at it from an employment...

Member
Baroness Donaghy (Labour)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c413GC
House
House of Lords

First, I am sure that those who produce Hansard will know this, but I think that I said that the noble and learned Baroness, Lady Hale, was a candidate for Lord Chief Justice. I was of course referring to Lady Justice Hallett, but I know how wonderful Hansard is at...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c413GC
House
House of Lords

I should just express my concern about the reference to CILEx. I fully appreciate that CILEx members should be members of a commission appointing a tribunal where they have experience, but the whole point of having legally qualified members of the commission is to have people who have experience of...

Member
Lord Hardie (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c413GC
House
House of Lords

I hear what the noble and learned Lord, Lord Hardie, says. As with the other point, I will take it back. We have to get the balance right between panels that are suitably qualified so that they know what they are doing and panels that choose “chaps like us”. That...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c415GC
House
House of Lords

I should say that I am not from this jurisdiction. I have no experience of this jurisdiction and I was not advocating an appointments process on the basis of appointing “chaps like us”. I was trying to confine myself to the regulations. The regulations themselves set out the basis on...

Member
Lord Hardie (Crossbench)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c415GC
House
House of Lords

I repeat again that these regulations have gone through the most thorough mincer in gaining the approval of the Lord Chief Justice and the President of the Supreme Court. They have been examined by the Constitution Committee and very thoroughly by both Houses. I think that the noble and learned...

Member
Lord McNally (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c415GC
House
House of Lords

My Lords, I wonder whether part of the answer to this is that membership of CILEx is one of the three possible qualifications. Members of CILEx are practising in all fields of the law. All this is saying is that a member of CILEx can be appointed to the commission....

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
22 July 2013
Reference
747 c415GC
House
House of Lords