§ 29. Mr. Jacques ArnoldTo ask the Parliamentary Secretary, Lord Chancellor's Department what steps are being taken to differentiate between active and passive support for a political party when considering an applicant for the magistrates' bench and assessing the balance of appointments to any particular bench. [16444]
§ Mr. Jonathan EvansNone. The political views of applicants are taken into account to achieve a balance on the bench, but it is not considered necessary to distinguish between active and passive support for a political party.
§ Mr. ArnoldMy hon. Friend will not be surprised to know that the majority of applicants to the bench tend to be Conservative voters. As a result of the Government's obsession with political balance and the fact that the overwhelming number of people who come forward vote Conservative, Conservative-voting applicants have been turned down while there has been a scramble for applicants for the bench who vote Labour, perhaps councillors or other activists. Given that, in my constituency, there is one example of a highly inappropriate appointment, could we perhaps differentiate between those who passively vote for a party and those who are activists? We would not then overlook many good applicants and end up with a few unsuitable ones.
§ Mr. EvansThe only distinction that it would be relevant to raise in relation to active and passive support is in those cases where it may in some sense affect the 19 impartiality, as it were, of the bench. It is important that those who are appointed have a clear understanding of the rule of law, are people of good character and command local confidence. I am not surprised, therefore, that there is a significant number of Conservative applicants. Political views are taken into account only to maintain balance on the bench. As the House knows, the Lord Chancellor's Department is engaged in an advertising campaign, using the local press, television and radio, in areas where it is concerned that there might not be a balance, to encourage applicants with the qualities that I have outlined to come forward.
§ Mr. SkinnerIs the Minister aware that most of my colleagues would be astonished to find more Labour applicants and more Labour justices of the peace than Tories in the areas that we represent? In Bolsover, throughout the 26 years that I have been a Member, there have always been more Conservative than Labour supporters on the bench. That is true of many other areas. There is only one solution: it is high time that we elected magistrates. We could try elections for judges as well, and retire them at 65.
§ Mr. EvansThis seems to be one of those times when several Labour Members come through with Labour's secondary agenda. We shall have to wait to see whether the hon. Gentleman's proposals are adopted by his Front Bench colleague, the hon. Member for Brent, South (Mr. Boateng). A survey at the end of 1995 revealed that, of all appointments made in that year, fewer than 40 per cent. of those appointed to the bench were supporters of the Conservative party.