HC Deb 01 November 1993 vol 231 cc14-5
37. Mr. Harry Greenway

To ask the Parliamentary Secretary, Lord Chancellor's Department how many magistrates are currently aged 25 years or less; and if he will make a statement.

Mr. John M. Taylor

The answer to my hon. Friend's question is none. It is rare for anyone below the age of 27 to be appointed. However, there is no bar to appointment, and a 26-year-old has recently been appointed.

Mr. Greenway

Will my hon. Friend bear in mind the great gulf that seems to exist between young offenders and the magistracy, and that the best discipline in schools, in my long experience of schools, comes from that administered to children by their peers? They make the wisest and fairest decisions and ones that are most respected by other children. Does my hon. Friend agree that younger magistrates are needed to cope with the current problems of juvenile crime—and end the fuddy-duddy approach of some of the older magistrates and judges in this area? [Interruption.]

Mr. Taylor

Clearly, the House is not of one mind on this subject. However, it may like some information. No figures are kept on the ages of appointment of magistrates, but a recent sample of 875 new appointments showed— this may surprise the House—that 22 per cent. were under 40, 33 per cent. between 40 and 45, 24 per cent. between 46 and 50, and 21 per cent. 51 and over. I found that evenness of spread quite healthy.

Mr. Janner

Does the Minister agree that what matters with the judiciary, whether magistrates or judges, is not age but whether they have ordinary common sense and administer justice properly? For example, the Lord Chancellor may have information on the age of Judge Prosser who saw fit to say that a well-known disease, repetitive strain injury, did not exist and should not be on the medical casebooks. Surely we could have some indication of the Lord Chancellor's approach to that sort of case, whatever the age of the judge or magistrate.

Mr. Taylor

In the case of magistrates, I think that personal suitability is fairly well defined as good character and repute and the ability to command the confidence of both the public and colleagues. As for judges, which the question is not about, there are already arrangements under which unfit judges may retire on health grounds whatever their age. [HoN. MEMBERS: "RSI?"] Meanwhile, the Royal Commission has considered the appraisal of judges, and its recommendations will be considered in due course.

Sir Ivan Lawrence

Is it not obvious that age and experience are important matters in the selection of judges, and that it cannot be for the confidence of the British people that young, inexperienced and immature magistrates are making judgments in serious matters? The Government's policy sounds sensible and intelligent—provided that a higher proportion of magistrates in the middle age range are selected.

Mr. Taylor

I had already reached the same conclusion about the virtues of the Government as my hon. and learned Friend. I shall take account of what he says about maturity. Plainly, maturity and experience are qualities that should be sought, but we do not want a bench on which there is no younger representation.