§ 38 and 40. Mr. Robert Cookeasked the Attorney-General (1) what steps he takes to ensure that his information on the political allegiances of magistrates is up to date; and how often he reviews the situation;
(2) what steps are taken to ensure a political balance on the bench following a large change in party strength in a particular area following a General Election.
§ The Attorney-General (Sir Elwyn Jones)As my noble Friend the Lord Chancellor has emphasised, the overriding consideration in the selection and appointment of justices is that they should be personally suitable in point of character, integrity, understanding and ability. Subject to this justices should be drawn from all sections of the community and represent all shades of opinion. Accordingly appointments should not be made in too large a degree from supporters of one political party. It would not be practicable to keep the records of the political allegiance of magistrates constantly up to date. If there was a large change in party strength in a particular area the Lord Chancellor would ask his Advisory Committee to take this into account when filling future vacancies.
§ Mr. CookeI am very grateful to the Attorney-General for shifting his ground and stating that suitability is to be the criterion. Will he resist any pressure which there is from his own party to make these selections on political grounds and will he continue his activities towards the High Court Bench?
§ The Attorney-GeneralI have not shifted my ground at all. I have stated the principles clearly time and again, but the hon. Member has not understood them. He must not take resentment from the disclosure that in the county in which he is interested the Conservative Party were grossly over-represented on the bench.
§ Mr. GrimondIs the Attorney-General aware that this change away from the political appointment of magistrates is very welcome? Has the machinery for recommendation been altered to give effect to the new policy?
§ The Attorney-GeneralI think that the Advisory Committees have been made 2104 aware of the principles under which other Administrations have also sought to act, and I do not think that there are any complaints at the moment that the machinery is not working satisfactorily.