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Mr. Crispin Blunt (Reigate): I welcome you to the Chair for this afternoon's sitting, Mr. Pike. However, I somewhat regret the fact that the Minister had the opportunity for a break because I am more confused now than I was before, although I thought that I understood the position before lunch.
I shall set out the official Opposition's position on devolution and related matters. We agree with the review and with the Government on the recommendations. It is appropriate for judges of the High Court to fall within the devolved structure and within the remit of the Judicial Appointments Commission. Therefore, they should be covered by the concomitant recommendations about tenure and the ability to remove them from office. Later in our proceedings, we will come to the issue that is slightly confusing—and on which I have tabled amendments to clause 4—the appointment of judges to the High Court, Her Majesty's involvement in appointments
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and the consequences for the role of this House and another place. I agree with the Minister that that will be the most appropriate time to deal with those issues.
I agree with the Minister—in fact, I was delighted to hear him say this—that there is merit in promoting consistency across the devolved structures in the United Kingdom, as that will make it much easier for people to understand exactly which functions are exercised by the devolved administrations and which are reserved for what my hon. and learned Friend the Member for Harborough (Mr. Garnier) called Whitehall appointments in respect of the judiciary.
The Minister explained the purpose of amendment No. 128 before lunch, and I agree with the way in which he defined that. I just thought that it was appropriate to put on record the principle that underlies the Opposition's approach, a principle that also guides us in relation to other amendments that we shall discuss later.
Lady Hermon: I thank hon. Members for their contributions. The Minister has been helped by his lunch and I appreciate the explanation that he has given. However, I remain unhappy that senior appointments—seven High Court judges—will not be classified with the offices of the Lord Chief Justice and the Lords Justices of Appeal. I shall not press my amendment to a vote but perhaps the Government will reconsider the matter before Report. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr. Browne: The clause sets out the offices that are covered by the clauses dealing with judicial appointment and the removal of judges after devolution of justice functions. The clauses will be considered in more detail later, but clause 2 sets the scene for the important recommendations of the review regarding the appointment and removal of the Lord Chief Justice, the Lords Justices of Appeal and any other office listed in schedule 1. That list of offices may be amended by the First Minister and Deputy First Minister after devolution of justice functions with the agreement of the Lord Chief Justice. As we shall presently examine the clauses that deal with those matters in more depth, I urge the Committee to approve the clause.
Question put and agreed to.
Clause 2 ordered to stand part of the Bill.
Schedule 1
Listed judicial offices
Mr. Blunt: I beg to move amendment No. 56, in page 70, line 9, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrates'.
The Chairman: With this it will be convenient to take the following: Amendment No. 57, in page 70, line 9, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrates'.
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Amendment No. 43, in clause 3, page 2, line 43, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 58, in schedule 3, page 76, line 8, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 59, page 76, line 11, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Clause 9 stand part.
Amendment No. 45, in clause 11, page 9, line 11, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 61, in schedule 4, page 82, line 31, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 62, page 83, line 7, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 63, page 83, line 11, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 64, page 84, line 18, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 65, page 84, line 23, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 66, page 84, line 28, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 67, in schedule 5, page 85, line 22, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 46, in clause 15, page 10, line 22, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 47, page 10, line 23, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 48, page 10, line 24, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 49, page 10, line 25, leave out 'District Judges (Magistrates' Courts)' and insert 'Resident Magistrates'.
Amendment No. 50, page 10, line 26, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 51, page 10, line 29, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 52, page 10, line 30, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 53, page 10, line 31, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
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Amendment No. 54, page 10, line 34, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 55, in clause 19, page 12, line 26, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 68, in schedule 6, page 87, line 28, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Amendment No. 69, page 87, line 29, leave out 'District Judge (Magistrates' Courts)' and insert 'Resident Magistrate'.
Mr. Blunt: This long list of amendments relates to the nomenclature of magistrates and proposes replacing ''District Judges (Magistrates' Courts)'' with the term ''Resident Magistrates''. I had hoped that the list was comprehensive, but I understand that it might not be, and a few more amendments will be required to tidy the matter up if the Government are minded to accept the alteration.
When the review body sat, there was no controversy about the name of resident magistrates. However, the review body took it upon itself to come to the following conclusion, in paragraph 6.142. It is worth reading it out as a classic example of the bureaucratic tidy mind at work.
We have a further recommendation to make which is intended to demonstrate publicly that the magistracy is an integral part of the judiciary. In looking at the titles of the various tiers of judiciary, we gave some thought to the nomenclature of resident magistrates.
Having got that far, it is worth noting that at no stage does the review report anybody expressing any concern about the nomenclature of resident magistrates in the course of their work. It continued:
As we note in the next chapter, the term 'resident' has its origins in the nineteenth century when there were particular reasons for wanting office holders to live in the district where they held office. It has no meaning or relevance in the modern context. Moreover, we think that there is an opportunity, through a name change, to demonstrate publicly that the magistracy is an integral part of the judiciary. We recommend that legislation be passed to redesignate resident magistrates as district judges (magistrates' courts) . . . We favour retention of the term magistrates' court as it is commonly understood and reflected in a very large number of legislative provisions.
As we have seen from the number of amendments that are needed to the Bill to implement the renaming of resident magistrates, the term is widely used and well understood in Northern Ireland, not least by the profession itself.
The view of the resident magistrates should be the determinant as far as the view of the Committee is concerned. In their latest submission to the Minister they say:
The majority of Resident Magistrates maintain their objection to the change of name. We made a number of points re same on two visits to the Review Commission and also made written submissions. We understand from our other sources that part of the reasoning for change is similar to that in England and Wales (ie Section 78 of the Access to Justice Act 1999), which was to more fully recognise the status of stipendiary magistrates as members of the professional Judiciary.
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It is the view of the Association that in Northern Ireland that our status and indeed our key role in the professional Judiciary particularly over the last 30 years has always been fully recognised.
So there is no concern from the people who would be the supposed victims of the situation that their roles are not understood. The other reason why I would urge the Government to give serious consideration to the amendments is that the term ''Resident Magistrate'' is not only one that is widely understood among the legal profession, it is also one that, in terms of pre-partition Ireland, has a literary meaning, initially through the successful book ''Some Experiences of an Irish R.M.'' which was subsequently dramatised as a television series. People are immensely familiar with that piece of Irish literature. Some might say that my sympathy for retaining the name results from the fact that the hero of the book—a Major Sinclair Yeates, who narrates the stories—is described in the ''Oxford Companion to Irish Literature'' as one who
combines the wide-eyed naivety of the straightforward Englishman abroad—
that is sometimes how I feel when dealing with Northern Ireland legislative matters—
with a tolerant and fun-loving disposition—
I shall allow others to make that judgment—
equipping him perfectly for the rough-and-tumble of the Irish village.
It may also be said that the Minister fits the role of the major's friend and inveterate antagonist Flurry Knox. The Minister and I may be antagonists in Committee and on the Floor of the House, but I regard him as a friend just as Knox and the major were friends. We have both been members of several Standing Committees, and I have come to know him extremely well.
The literary reason for retaining a name is worth while because of the culture that surrounds the judiciary. It is not necessary to change the name; it is well understood in Northern Ireland. The resident magistrates themselves want to keep the name. Although resident means that the magistrates are required to be resident in a particular place, I also take it to mean permanent—which is precisely what it is. I hope that the Government look kindly upon the amendments.
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