§ (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 1601 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.
§ Clause 82 [Report procedure]:
§ Baroness Ashton of Upholland moved Amendment No. 60:
§ Page 36, line 5, leave out from "include" to end of line 6 and insert "information—
- (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.
1602§ 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.
§ Clause 86 [Confidentiality]:
§ Baroness Ashton of Upholland moved Amendment No. 61:
§ Leave out Clause 86.
§ On Question, amendment agreed to.
§ Clause 96 [Report procedure]:
§ Baroness Ashton of Upholland moved Amendment No. 62:
§ Page 42, line 16, leave out from "include" to end of line 17 and insert "information—
- (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.
§ Clause 98 [Confidentiality]:
§ Baroness Ashton of Upholland moved Amendment No. 63:
§ Leave out Clause 98.
§ On Question, amendment agreed to.
§ Clause 99 [Interpretation of Part 3]:
§ Baroness Ashton of Upholland moved Amendment No. 64:
§
Page 43, line 27, at end insert—
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.]
1603§ Baroness Ashton of Upholland moved Amendment No. 70:
§ Before Clause 106, insert the following new clause—