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Lord Falconer of Thoroton moved Amendment No. 57:
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 58:
The noble Baroness said: My Lords, I shall be as brief as I can in speaking to these amendments, which are purely matters of drafting improvement and consistency. Amendment No. 58 is a drafting amendment to ensure consistency in Clause 69. The additional words make it clear that some judicial appointments will be made by the Lord Chancellor while others will be made by Her Majesty the Queen on the recommendation of the Lord Chancellor.
Amendments Nos. 150 and 151 correct the references in Part 1 of Schedule 11 to the Senior District Judge (Chief Magistrate) and Deputy Senior District Judge (Chief Magistrate) to bring them into line with Section 10A of the Justices of the Peace Act 1997. I beg to move.
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 59:
"SCOTLAND AND NORTHERN IRELAND
(1) This section applies to consultation that a person is required to undertake under any of these provisions—
(a) section 69(6);
(b) section 70(3);
(c) section 76((2).
(2) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Scotland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord President of the Court of Session.
(3) If the consultation appears to that person to relate to the appointment (or a recommendation for the appointment) of a person to exercise functions wholly or mainly in Northern Ireland, any reference in the provision to the Lord Chief Justice is to be read as a reference to the Lord Chief Justice of Northern Ireland."
The noble Baroness said: My Lords, these amendments deal with two aspects of tribunal appointments. First, a group of them provides for proper consultation in relation to appointments
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relating to Scotland and Northern Ireland. Amendment No. 59 provides for the Lord Chancellor and the Judicial Appointments Commission to consult the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland rather than the Lord Chief Justice of England and Wales where an office holder is likely to sit predominantly in Scotland or Northern Ireland. This will apply to appointments or recommendations to UK-wide tribunals, for example the VAT and Duties Tribunal.
Amendment No. 64 makes it clear that in Part 3 the title of Lord Chief Justice will mean, unless provided otherwise, the Lord Chief Justice of England and Wales. It is consequential on the introduction of references to the Lord Chief Justice of Northern Ireland. Amendment No. 81 widens the extent of Part 3 of the Bill to cover the whole of the United Kingdom, consequential on the introduction of the consultation arrangements in Scotland and Northern Ireland. This is a complicated area and we may need to look again at extent in relation to Part 3 of the Bill.
The second group of amendments deal with appointments to the Employment Appeal Tribunal. Next year, as part of the steps towards the introduction of a single tribunal service, responsibility for the administration of the Employment Appeal Tribunal, which currently rests with the Secretary of State for Trade and Industry, will transfer to the Lord Chancellor. At that point, it will be appropriate for the Lord Chancellor to become solely responsible for recommending to Her Majesty the lay appointments to that tribunal. Amendment No. 93 therefore deletes the reference to the Secretary of State. I beg to move.
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 60:
(a) which relates to an identified or identifiable individual other than the complainant, and
(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section (Confidentiality)."
The noble Baroness said: My Lords, I am pleased to be able to move these amendments, which replace the confidentiality provisions of the Bill. In doing so, I congratulate the noble Viscount, Lord Bledisloe, who is not in his place, on his part in drawing this issue to the attention of the House and keeping up the pressure on the Government in Committee and on Report.
The noble Viscount sent me a note earlier saying that, if he was not here, he would ask me to say on his behalf that he was pleased that the government amendment seemed very satisfactorily to deal with the issue with which he was concerned and that he was grateful to the Government for taking these points on board and remedying them.
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The amendments delete the existing confidentiality provisions in Clauses 86 and 98 and replace them with a new provision to be added into the general provisions of Part 6 of the Bill. This provides for confidentiality in relation to Supreme Court appointments under Clauses 18 to 23 and to judicial appointments and judicial disciplinary matters under Part 3 and under related rules and regulations.
The Lord Chancellor and the Lord Chief Justice may agree to disclose what would otherwise be confidential information about the result of disciplinary action that they have taken against judicial office holders. Information is not protected if it is already in the public domain. Subject to that, any unlawful disclosure would give rise to a civil action for breach of statutory duties.
This group of amendments also brings references in Clauses 82 and 96 into line with the new provisions, requiring that reports from the judicial appointments and conduct ombudsman, which are disclosed to complainants, may not include confidential information about other people. I beg to move.
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 61:
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 62:
(a) which relates to an identified or identifiable individual other than the complainant, and
(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section (Confidentiality)."
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 63:
On Question, amendment agreed to.
Clause 99 [Interpretation of Part 3]:
Baroness Ashton of Upholland moved Amendment No. 64:
"Lord Chief Justice", unless otherwise stated, means the Lord Chief Justice of England and Wales;
On Question, amendment agreed to.
Clause 104 [Parliamentary disqualification]:
[Amendments Nos. 65 to 69 not moved.]
20 Dec 2004 : Column 1603
Baroness Ashton of Upholland moved Amendment No. 70:
"CONFIDENTIALITY
(1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
(2) These are the relevant provisions—
(a) sections 18 to 23;
(b) Part 3;
(c) regulations and rules under Part 3.
(3) Information is confidential if it relates to an identified or identifiable individual (a "subject").
(4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
(a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
(b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision;
(c) the disclosure is for (and is necessary for) the exercise of functions under section 11(3A) of the Supreme Court Act 1981 (c. 54) or a decision whether to exercise them;
(d) the disclosure is for (and is necessary for) the exercise of powers to which section 88 applies, or a decision whether to exercise them;
(e) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
(5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—
(a) is information that relates to both;
(b) must not be disclosed to B without A's consent.
(6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
(7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
(8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
(9) But it is actionable only at the suit of a person who is a subject of the information."
On Question, amendment agreed to.
Clause 106 [Functions of the Minister not to be transferred by order]:
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