Other changes
200._The JAC has called for a range of other statutory
changes to be made to the appointments process that are not included
in the Draft Bill. They include: the repeal of the statutory procedure
for drawing up lists of candidates; the introduction of a statutory
duty to require the Lord Chancellor adequately to resource the
JAC; and the repeal of the Lord Chancellor's power to issue guidance.
(Ev52, paras 71 to 81) Some of the proposals received support
during our inquiry and we hope that the Government will keep them
under review.
Conclusion
201._Our overall view is that most of the proposals
to reform the judicial appointments process are premature. We
comment upon whether the proposals should be omitted from the
Draft Bill at paragraph 378 below. Once the Judicial Appointments
Commission is fully established we believe it would benefit from
a comprehensive review by the Government and either or both of
the House of Commons Justice Committee and the House of Lords
Constitution Committee. This review should precede any legislative
reform of the appointments process.
77 The Governance of Britain, Judicial Appointments,
Consultation Paper CP 25/07, para 3.3 Back
78
Constitutional Reform Act 2005, section 3 Back
79
HL Deb, 7 December 2004, Col 759 Back
80
JAC's Annual Report 2006/07, Committed to Selection on Merit,
HC 632, 4 July 2007, page 15 Back
81
See also The Lord Chief Justice's Review of the Administration
of Justice in the Courts, HC 448, March 2008, paragraphs 4.29
to 4.31. Back
82
'Judicial diversity goes into reverse', The Guardian, 19 May 2008,
available at http://www.guardian.co.uk/uk/2008/may/19/law Back
83
JAC's Annual Report 2006/07, Committed to Selection on Merit,
HC 632, 4 July 2007, pages 2-3 Back
84
Cm 7170, para 71 Back
85
Constitutional Affairs Committee, Meeting with the Lord Chancellor,
9 October 2007, HC 987-ii, QQ 110-112 Back
86
Part 3 and Schedule 3. Back
87
JAC's response to the Government consultation on judicial appointments,
available at http://www.judicialappointments.gov.uk/docs/17-1Response_to_Ministry_of_Justice_Consultation_Paper_-_version_17-01-2008__.pdf,
January 2008. Back
88
JAC's response to the Government consultation, above, para 5. Back
89
Constitutional Reform Act 2005, section 26 Back
90
Judicial appointments and a Supreme Court (court of final appeal),
First Report of Session 2003-04, HC 48-1, para 131. Back
91
White Paper, para 106; Analysis of Consultations, paras 161-168.
Back
92
See also the House of Lords Constitution Committee, Meeting with
the Lord Chief Justice, 9 July 2008, uncorrected transcript, Q
32, available at http://www.publications.parliament.uk/pa/ld/lduncorr/const090708ev1.pdf
Back
93
Constitutional Reform Act 2005, sections 101, 104 and 105. Back
94
White Paper, para 124 Back
95
White Paper, para 128 Back
96
White Paper, para 133 Back
97
White Paper, para 132 Back
98
White Paper, para 133 Back
99
White Paper, para 116 Back
100
Governance of Britain: Judicial Appointments, para 4.61 Back
101
See also the Lord Chief Justice's Review of the Administration
of Justice in the Courts, HC 448, March 2008, para 4.29. Back
102
White Paper, para 138 Back
103
Ev70, para 4 Back
104
Supreme Court Act 1981, section 9 Back
105
Schedule 3, para 45 Back
106
Constitutional Reform Act 2005, Schedule 12, para 13 Back
107
JAC Annual Report 2007/08, HC 274, 10 July 2008, page 3, 'Judicial
diversity goes into reverse,' The Guardian, 19 May 2008, available
at http://www.guardian.co.uk/uk/2008/may/19/law Back
108
'Judicial diversity goes into reverse,' The Guardian, 19 May 2008,
available at http://www.guardian.co.uk/uk/2008/may/19/law Back
109
'Search for top judge is 'a done deal' The Observer, Jamie Doward,
6 July 2008 available at http://www.guardian.co.uk/uk/2008/jul/06/law.justice
Back
110
'High Court judge wants to bring in ethnic quotas', The Times,
18 October 2007, available at http://business.timesonline.co.uk/tol/business/law/article2682096.ece
Back
111
'Why so few women in the High Court?', The Daily Telegraph, 15
May 2008, available at http://www.telegraph.co.uk/news/newstopics/lawreports/rozenberg/1577897/Why-so-few-women-in-the-High-Court.html Back
112
Constitutional Reform Act 2005, Schedule 12, para 32 Back