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Lord Falconer of Thoroton moved Amendment No. 167:
Page 34, line 21, leave out "Secretary of State for Constitutional Affairs" and insert "Lord Chancellor"
The noble and learned Lord said: I beg to move.
Lord Henley: My Lords, can the noble and learned Lord the Lord Chancellor tell us on which group we spoke to Amendment No. 167? I have it grouped separately.
Lord Falconer of Thoroton: My Lords, it was the group spoken to on the previous occasion. I do not know whether the noble Lord, Lord Henley, recalls that we went through all of the changes in one group—I think that it was group 15—in order to change references to the Secretary of State for Constitutional Affairs to Lord Chancellor. I am sorry that I cannot give the exact reference but the noble Lord, Lord Henley, did well in ensuring that I was awake.
Lord Henley: My Lords, I am very grateful to the noble and learned Lord the Lord Chancellor but it would help if he told us with which group he spoke to the relevant amendment when he next intervenes.
On Question, amendment agreed to.
[Amendment No. 168 not moved.]
Clause 87 [Disciplinary powers]:
Baroness Ashton of Upholland moved Amendment No. 168A:
The noble Baroness said: My Lords, these amendments are mainly drafting and technical amendments designed to improve Clauses 87 to 90 of the Bill, which deal with judicial disciplinary matters. They follow discussion of the detail of these provisions with Lady Justice Arden and the other members of the judges working group on the Bill.
I should highlight to your Lordships that there remain some amendments relating to judicial discipline which the Government will seek to bring forward at a later stage. In particular we wish to clarify that, in relation to Scottish or Northern Irish members of UK-wide tribunals, disciplinary powers will continue to be exercised by the Lord President of the Court of Session or the Lord Chief Justice of Northern Ireland, as appropriate, with the agreement of the Lord Chancellor, rather than by the Lord Chief Justice of England and Wales.
Of the amendments moved today, I should like to draw attention in particular to Amendment No. 168U which permits the Lord Chancellor, with the agreement of the Lord Chief Justice, to designate offices whose holders will be subject to the disciplinary provisions of the Bill although they are not offices listed in Schedule 12 and not senior judges. The offices must be ones from which the Minister has the power
14 Dec 2004 : Column 1308
to remove. The amendment is designed to allow office holders such as coroners to be brought fully within the disciplinary regime.
Most of the other amendments in this group—Amendments Nos. 168A to 168L, 168N and 168P—delete various references to "judicial office holder" in Clauses 87 and 88 and replace them with "person". Amendment No. 168R makes a consequential change to the definition of judicial office holder, which is turned into a definition of judicial office. It is still clear from the overall drafting of the provisions that the persons concerned are judicial office holders. However, this change allows for the fact that an office holder may hold more than one appointment, and that sanctions applied to him in relation to one office may not automatically apply to others.
Amendment No. 168M corrects a mistake, which was referred to in Committee, in the definition of criminal proceedings in Clause 88. This governs when the Lord Chief Justice may suspend a judge who is subject to criminal proceedings. As currently drafted, this includes only proceedings on indictment from committal until the conclusion of the case. This excludes offences in Scotland and offences tried summarily. The amendment will mean that a judicial office holder in England and Wales who is subject to any criminal proceedings throughout the United Kingdom, including summary offences, may be suspended by the Lord Chief Justice if he thinks it appropriate and if the Lord Chancellor agrees.
Amendment No. 168Q clarifies the definition of when a senior judge is subject to proceedings for an Address in Parliament. The existing clause would mean that a senior judge was no longer subject to an Address if it were amended in any way at all. The amendment clarifies that a senior judge will remain subject to an Address unless it is amended in a way which means that it is no longer an Address for the removal of that person from office; or unless it is withdrawn, lapses or is disagreed to.
Amendments Nos. 168S and 168T remove unnecessary references to the Lord Chancellor and the Lord Chief Justice in Clauses 89(1) and 90(2)(a). First, that avoids giving the misleading impression that the Lord Chancellor and Lord Chief Justice will personally investigate all disciplinary cases. It also makes it clear that regulations made under Clause 89 can allow for disciplinary responsibilities to have been delegated, and that certain decisions may be made by people other than the Lord Chancellor and the Lord Chief Justice. I beg to move.
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendments Nos. 168B to 168L:
Page 36, line 33, leave out from "a" to "is" and insert "person from office as a senior judge for any period during which the person"
On Question, amendments agreed to.
Clause 88 [Disciplinary powers: interpretation]:
Baroness Ashton of Upholland moved Amendments Nos. 168M to 168R:
"(2) A person is subject to criminal proceedings if in any part of the United Kingdom proceedings against him for an offence have been begun and have not come to an end, and the times when proceedings are begun and come to an end for the purposes of this subsection are such as may be prescribed."
Page 37, line 7, leave out "senior judge" and insert "person"
Page 37, line 9, leave out "judge" and insert "person"
Page 37, line 11, leave out paragraphs (b) and (c) and insert—
"(b) either motion is amended so that it is no longer a motion for an address for removal of the person from office;
(c) either motion is withdrawn, lapses or is disagreed to;"
Page 37, line 15, leave out subsection (4) and insert—
"(4) "Judicial office" means—
(a) office as a senior judge, or
(b) an office listed in Schedule 12;
and "judicial office holder" means the holder of a judicial office."
On Question, amendments agreed to.
Clause 89 [Regulations about procedures]:
Baroness Ashton of Upholland moved Amendment No. 168S:
On Question, amendment agreed to.
Clause 90 [Contents of regulations]:
Baroness Ashton of Upholland moved Amendments Nos. 168T and 168U:
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