HC Deb 14 October 1996 vol 282 cc457-8
25. Mr. Mullin

To ask the Parliamentary Secretary, Lord Chancellor's Department what steps he is taking to ensure that the judiciary are drawn from a wider range of social and educational backgrounds; and if he will make a statement. [37951]

The Parliamentary Secretary, Lord Chancellor's Department (Mr. Gary Streeter)

The Lord Chancellor's policy is to appoint entirely on merit those best qualified for judicial office. Those among the legal profession who are eligible to apply for judicial office are encouraged to do so.

Mr. Mullin

Did the Minister notice that, of the most recent batch of appointments to the High Court, all had been to public school, five of the six had attended Oxford or Cambridge universities, and all were men? Are there any serious plans to break up the old boy network in the higher levels of the judiciary? If not, should we give the task of appointing members of the higher judiciary to someone other than the Lord Chancellor's Department?

Mr. Streeter

The hon. Gentleman had an opportunity recently to put his approach to the Home Affairs Committee, and it was soundly rejected. He did not persuade Committee members then and he has not persuaded me this afternoon. He appears to be launching a dramatic attack on the old school tie network—I wonder whether he has cleared it with the Leader of the Opposition.

Sir Anthony Grant

Will my hon. Friend bear in mind the fact that most people would prefer, and indeed expect, to be tried by their elders and betters rather than by some ghastly politically correct, cooked-up judiciary?

Mr. Streeter

My hon. Friend is right of course. When appointing judges, it is important to get the right people for the job. Their skill, experience and expertise are fundamentally important issues.

Mr. Skinner

Why cannot judges be elected?

Mr. Streeter

Is it not typical of the Labour party that its members want to tear up 500 years of legal history? Judges are elected in America and I do not see any encouraging signs that we should follow them down that route.

Mr. Bill Walker

Will my hon. Friend confirm that judges are drawn from the legal profession because knowledge of the law is important when sitting on the bench? The hon. Member for Sunderland, South (Mr. Mullin) is really being critical of entrants to the legal profession. It is clear from looking at the Front Benches in this place that lawyers are doing quite well everywhere.

Mr. Streeter

We are delighted to hear that. It is a fact that the background of judges today reflects the entrants to the legal profession 20 or 30 years ago. Most judges are experienced, skilful and senior people. As the profile of entrants to the legal profession changes dramatically— as it has over the past 17 years— we can expect judges' backgrounds to change, and they will do so in the next few years.