Crime and Courts Bill [HL]

Baroness Neuberger Excerpts

Wednesday 27th June 2012 Lords Chamber

[Lord McNally]

I have to say that if I was a member of a body charged with selecting a Lord Chief Justice or a president of the Supreme Court, no Lord Chancellor, however strong willed, would make me change my views unless his arguments were extremely persuasive; and I would expect the same respect for my views. We are not talking about a group of pussycats; we are talking about some very senior figures with great experience. I can see that those who have attended this Committee do not agree, but the simple fact is that we consider that our proposals strike the right balance in providing both the legitimate accountability for the executive in these roles and an independent and transparent process. They take away a political veto and put in its place a transparent involvement in a selection. I have set that out very clearly for the Committee.

[Baroness Neuberger]

I am sorry to ask the Minister this, but surely the presence of the Lord Chancellor on a committee of selection is a political statement in itself. It is worrying that the Minister should say that it removes a political presence. It just moves the position from what is a very public veto if, at the end of an independent process, the Lord Chancellor decides that he does not wish to go along with a recommendation to something that is less public but just as political. I find that really worrying, and I know that I am on record as saying that it is a constitutional disgrace.

--- Later in debate ---

[Lord Woolf]

My Lords, just for the sake of the record and having put my name on this amendment, I make it clear that I support it for the reasons so admirably given by those who have spoken, including the noble Lord, Lord Deben. If I may say so, he showed remarkable acuity as somebody who is not a lawyer in contributing to this debate.

[Baroness Neuberger]

My Lords, perhaps I may add to the debate as another non-lawyer. Indeed, I totally agree with the noble Lord, Lord Deben, and I very much hope that the Government will take this on board. I know that the Minister has himself been involved in the judicial diversity task force, of which the Lord Chief Justice and the Lord Chancellor are in fact members. One of the criticisms that the Advisory Panel on Judicial Diversity has made since it reported two years ago is that progress by that task force has in fact been remarkably slow. Although it has met, not a great deal has happened. I know that the Minister feels much the same. It therefore seems to me all the more important that there be a statutory duty on the Lord Chancellor and the Lord Chief Justice, as well as on the Judicial Appointments Commission, to promote diversity. I really hope that the Government will take that on board.

[Baroness Butler-Sloss]

As a former judge I very strongly support the amendment by the noble Lord, Lord Pannick. I would particularly like to endorse what the noble Lord, Lord Deben, said, with which I entirely agree. It is a very good thing when we get some non-lawyers reminding us, but he can be assured that former senior judges support him on this.