Composition of the Commission
70. In the course of the inquiry which led up to
our First Report we received a great deal of evidence relating
to the composition of the Judicial Appointments Commission. Part
of this evidence related to the involvement of both parts of the
legal profession in the work of the Commission. We said:
"We recognise that members of the Commission
should not regard themselves as representing a narrow sectional
interest. However, it would be strange if leading members of the
two branches of the legal profession were not included among the
Commission's members."[56]
71. We also received a good deal of evidence relating
to the balance between members of the Commission who were judges
and members who were lay people. There was no identifiable strand
of generally agreed opinion on the precise balance between lay
and judicial or legal members. We noted that the Appointments
Commission in Scotland had worked successfully without a majority
of judges or even of lawyers.[57]
72. Under the terms of the Bill as it now stands,
there will be 15 members of the JAC (including the Chairman, who
holds an office distinct from the other 14 Commissioners). There
will be six non-lawyers (including the Chairman); five members
who are professional judges; two members from the legal professions;
a lay magistrate; and a tribunal chairman, tribunal member or
arbitrator. The Bill has been amended to permit the Lord Chancellor
by order, with the agreement of the Lord Chief Justice, to increase
the number of Commissioners.
CHAIR OF COMMISSION
73. In our First Report, we said:
"Notwithstanding the arguments in favour
of a lay Chair, we believe that the Commission should be chaired
by a judge." [58]
74. The Bill in its present form provides that
the Judicial Appointments Commission will be chaired by a lay
person. We understand that this provision has the support of the
judiciary. Viewed in the context of the Concordat, which adequately
preserves judicial independence, and of the strong judicial element
in the Judicial Appointments Commission we now believe that a
lay chair is acceptable.
48 op cit, para 125 Back
49
op cit, para 146 Back
50
op cit, para 346 Back
51
op cit, para 125 Back
52
See Clause 57, from which the original ministerial power to define
merit has been removed Back
53
op cit, para 132 Back
54
See Clause 111; and see also HL Deb, 20 December, col 1603 Back
55
op cit, para 165 Back
56
op cit, para 175 Back
57
op cit, para 182 Back
58
op cit, para 185 Back
