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"EXTENSION OF DISCIPLINE PROVISIONS TO OTHER OFFICES
(1) This Chapter applies in relation to an office designated by the Minister under this section as it would apply if the office were listed in Schedule 12.
(2) The Minister may by order designate any office, not listed in Schedule 12, the holder of which he has power to remove from office.
(3) An order under this section may be made only with the agreement of the Lord Chief Justice."
On Question, amendments agreed to.
14 Dec 2004 : Column 1310
10.45 p.m.
Baroness Ashton of Upholland moved Amendment No. 168V:
"PART 3A
JUDICIAL DISCIPLINE: NORTHERN IRELAND
"REMOVAL FROM MOST SENIOR JUDICIAL OFFICES
In the Judicature (Northern Ireland) Act 1978 (c. 23) before section 13 insert—
"12B TENURE OF OFFICE
(1) The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993).
(2) Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.
(3) A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—
(a) to the House of Commons only by the Prime Minister; and
(b) to the House of Lords only by the Lord Chancellor.
(4) Neither the Prime Minister nor the Lord Chancellor may make a motion for the presentation of such an address unless a tribunal convened under section (Tribunals for considering removal) of the Constitutional Reform Act 2005 has reported to the Lord Chancellor recommending that the person be removed from the office on the ground of misbehaviour.
(5) The Prime Minister shall lay a copy of the report before the House of Commons before making a motion for the presentation of an address in that House; and the Lord Chancellor shall lay a copy of it before the House of Lords before making such a motion in that House.
(6) If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.
(7) If a person is suspended from an office under subsection (6), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).""
The noble Baroness said: My Lords, I shall speak to Amendments Nos. 168V to 168Y and those grouped with these amendments. The amendments insert a new Part 3A in the Bill to provide for the removal of judges in Northern Ireland in the period prior to devolution of justice to the Northern Ireland Assembly.
Amendment No. 168V inserts new Section 12B into the Judicature (Northern Ireland) Act 1978 to provide for the removal of judges from the most senior judicial offices in Northern Ireland. The clause provides that, as at present, the Lord Chief Justice, Lords Justice of Appeal and High Court judges may be removed by the Queen on an Address by both Houses of Parliament. An Address may be made to the House of Commons by the Prime Minister and to the House of Lords by the Lord Chancellor. However, no such Motion may be
14 Dec 2004 : Column 1311
made unless a tribunal with a strong judicial membership has been convened and has recommended removal in a report to the Lord Chancellor. The report is to be laid before both Houses before the Prime Minister and Lord Chancellor can make a Motion for removal. New Section 12B(6) provides for suspension of the judge in question while the making of this Motion is under consideration.
Amendment No. 168W gives the Lord Chancellor the power to remove from office a member of the judiciary below High Court judge level. Removal is possible only for reasons of misbehaviour or inability, and can take place only on the basis of a recommendation of a tribunal convened under the new clause installed at Amendment No. 168X and following consultation with the Lord Chief Justice. The clause also provides for the Lord Chancellor to suspend persons from such judicial office pending a decision on their removal if the tribunal recommends this and the Lord Chief Justice is consulted.
When speaking about Amendments Nos. 168V and 168W, I said that the removal of a judicial office holder is possible only on the recommendation of a removals tribunal. Amendment No. 168X provides a new clause detailing how such a tribunal is to be set up and providing for its membership. The membership and power to convene varies, depending on the level of judge whose removal is under consideration. Amendment No. 168Y defines for the purposes of new Part 3A the meaning of listed judicial office, the Lord Chief Justice, the Lord Justice of Appeal and protected judicial office.
Amendment No. 179A provides for consequential technical amendments to the Justice (Northern Ireland) Act 2002. They provide for the repeal of the provisions in this Bill, dealing with the removal of judges in Northern Ireland and devolution of justice functions to the Northern Ireland Assembly. As noble Lords are aware, the post-devolution arrangements for removal of judges in Northern Ireland are set out in the 2002 Act. I beg to move.
Lord Goodhart: My Lords, I am sorry to raise a wholly technical point, but some of the way in which this has been laid out is confusing. For instance, it appeared to me, until the noble Baroness explained it, that Amendment No. 168W inserted a new clause into this Bill and not the Judicature (Northern Ireland) Act 1978. I am not at all clear what the position is.
Baroness Ashton of Upholland: My Lords, as I began, the amendments do insert a new Part 3A in the Bill, but I also indicated that they insert a new Section 12B into the Judicature (Northern Ireland) Act 1978. I am perfectly happy to write to the noble Lord, Lord Goodhart, to ensure that he is happy with what I said and the way in which it is laid out, if that would be helpful.
On Question, amendment agreed to.
14 Dec 2004 : Column 1312
Lord Falconer of Thoroton moved Amendments Nos. 168W to 168Y:
"REMOVAL FROM LISTED JUDICIAL OFFICES
(1) A person holding a listed judicial office other than as a judge of the High Court may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.
(2) The power to remove or suspend him is exercisable by the Lord Chancellor.
(3) He may only be removed if a tribunal convened under section (Tribunals for considering removal) has reported to the Lord Chancellor recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.
(4) He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chancellor that he be suspended.
(5) He may not be removed or suspended except after consultation with the Lord Chief Justice.
(6) If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected)."
After Clause 97, insert the following new clause—
"TRIBUNALS FOR CONSIDERING REMOVAL
(1) A tribunal to consider the removal of the Lord Chief Justice may be convened by the Lord Chancellor.
(2) A tribunal to consider the removal of the holder of any other protected judicial office may be convened—
(a) by the Lord Chancellor, after consulting the Lord Chief Justice, or
(b) by the Lord Chief Justice, after consulting the Lord Chancellor.
(3) A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.
(4) A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—
(a) a person who holds high judicial office within the meaning of Part 2 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
(b) a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
(c) a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
(5) A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—
(a) a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,
(b) a person who holds the office of judge of the High Court, and
(c) a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
(6) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4) or (5).
(7) The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor, after consultation with—
(a) the Lord Chief Justice (unless the tribunal is to consider his removal from office),
(b) the President of the Supreme Court of the United Kingdom,
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(c) the Lord Chief Justice of England and Wales, and
(d) the Lord President of the Court of Session.
(8) The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.
(9) The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the Lord Chancellor.
(10) The procedure of a tribunal is to be determined by the Lord Chief Justice except where—
(a) the office of Lord Chief Justice is vacant,
(b) he is not available, or
(c) the tribunal is to consider his removal from office;
and in such a case its procedure is to be determined by its chairman.
(11) The Lord Chancellor may pay to a member of a tribunal any such allowances or fees as he may determine."
After Clause 97, insert the following new clause—
"INTERPRETATION OF PART 3A
In this Part—
"listed judicial office" means an office listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
"Lord Chief Justice", unless otherwise stated, means the Lord Chief Justice of Northern Ireland;
"Lord Justice of Appeal" means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23);
"protected judicial office" means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office."
On Question, amendments agreed to.
Clause 98 [Parliamentary disqualification]:
[Amendment No. 168Z not moved.]
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