High Court Judges (Hansard, 16 March 1987)

§ 31. Mr. Madden
asked the Attorney-General what criteria the Lord Chancellor uses in recommending the appointment of High Court judges.

§ The Solicitor-General (Sir Patrick Mayhew)
High Court judges are appointed by the Queen on the recommendation of the Lord Chancellor. The statutory qualification is to be a barrister of 10 years' standing, but those appointed are usually of more senior standing than that. The criteria for selection are judicial potential, ability, experience, reputation and personal integrity.

§ Mr. Madden
Can the Solicitor-General, from his personal recollection, think of anyone who has been promoted in one go from registrar to High Court judge?

§ The Solicitor-General
I can think of one—or, at least, I have been prompted of one. It is unusual, but there is one. To make a general response to the question, I believe that the reputation of our judiciary is unsurpassed throughout the world. Where the constitution appears to be working well, on the whole I am averse to changing it.

§ Mr. Stokes
Is my right hon. and learned Friend aware that most people in this country, unlike some Opposition Members, regard our judges in the highest light? They look to them as protection against arbitrary power and they want no changes in their appointment, and certainly no political mucking about with what they do.

§ The Solicitor-General
As usual, my hon. Friend speaks with the good sense that characterises the opinion of the vase majority of people in Britain.

§ Mr. Skinner
Has the Solicitor-General seen the recent remarks of Judge Argyle, who last week addressed a meeting and said that those who are found guilty of crimes which result in sentences of more than 15 years should be hung—[HON. MEMBERS: "Hanged."]—hanged: it is the same argument. He also said that there are 5 million illegal immigrants in Britain. How did he manage to become a judge? Who was responsible for giving him the job? Why is it that the Government can cast aspersions on the Australian judge, yet this one seemingly attracts no comments from the Attorney-General and his mates?

§ The Solicitor-General
The advantage of having an independent judiciary is that its members are responsible for their own opinions, if they are correctly reported. The Attorney-General is not responsible for anything that is reported to have been said by any judge.