Governance of Britain -
views sought on Government's role in appointing judges
MINISTRY OF JUSTICE
News Release (131-07) issued by The Government News Network on 25
October 2007
A consultation
asking whether the Government should reduce its role in judicial
appointments was published today.
Under the current appointments system, the independent Judicial
Appointments Commission (JAC) is responsible for selecting judges.
The Lord Chancellor has only a limited ability to reject a
selection or ask for it to be reconsidered.
The consultation paper, 'The Governance of Britain: Judicial
Appointments' seeks views on whether the current limited role
of the executive in judicial appointments set out in the
Constitutional Reform Act 2005 is appropriate, or whether more
could be done to limit Ministerial involvement.
Jack Straw, Lord Chancellor and Secretary of State for Justice, said:
"As Lord Chancellor I am responsible for upholding a strong
and independent judiciary, which is essential to the functioning
of any free and democratic society. The system for appointing
judges was reformed by the Constitutional Reform Act 2005 and the
role of the Lord Chancellor rightly and significantly constrained
it. Any system must be devoid of party politics, accountable,
enhance the integrity and independence of the judiciary, and
inspire public confidence. I have every confidence that this new
system already achieves this. But it is appropriate that in the
context of the Governance of Britain debate inaugurated by the
Prime Minister on 3 July we should now seek views on whether any
future changes are required."
The consultation also considers the possibility of involving
Parliament to increase accountability for the appointments process
if the role of Ministers is reduced. However, the paper makes
clear the Government would have "serious reservations"
about adopting the US approach of binding confirmation hearings
for judicial appointments.
The consultation follows the Governance of Britain green paper
set out by the Prime Minister in July.
Notes to Editors
1. The Governance of Britain Green Paper was published on 3 July
2007. A copy can be found at http://www.official-documents.gov.uk/document/cm71/7170/7170.asp
2. The consultation paper, The Governance of Britain: Judicial
Appointments can be found at http://www.justice.gov.uk/publications/cp2507.htm
3. "The Governance of Britain: Judicial Appointments"
examines the role of the executive in judicial appointments in
light of the doctrine of the separation of powers and a series of
fundamental principles that the Government considers should form
the basis of any judicial appointments process. It also considers
experience in a range of other countries. The paper outlines
possible options for further reform of the executive's role
in judicial appointments, and considers options for involving Parliament.
ENDS
http://www.justice.gov.uk