HC Deb 27 June 2000 vol 352 cc710-1
34. Angela Smith (Basildon)

What recent evaluation she has made of the social class of magistrates. [126370]

The Parliamentary Secretary, Lord Chancellor's Department (Jane Kennedy)

Each local advisory committee tries to ensure that the bench reflects the political affiliation and occupational diversity of the local area. Those conditions are currently used as a proxy for social balance, although a viable alternative is being sought. Returns are made to my noble Friend the Lord Chancellor every year in respect of each bench.

Angela Smith

I am grateful to my hon. Friend for that answer and her recognition that we need people from all backgrounds to give the magistracy legitimacy. However, does my hon. Friend agree that one of the most important factors that deters people from applying is the inability to get time off work? Many people in professions or managerial positions can get time off work, but those in manual work or lower down in their place of work cannot easily get time off. That is a major hindrance to applying. Will my hon. Friend consider that matter and meet some of the larger employers to discuss it?

Jane Kennedy

I am grateful to my hon. Friend for raising the issue, as she regularly does, and for the opportunity to address it once more. We recognise the voluntary nature of magistrates' work and appreciate the commitment that they give to the service. We are committed to the concept of voluntary service but, as my hon. Friend rightly says, without the co-operation of employers, we cannot achieve the balance on the benches which, we all know, benefits everybody.

Mr. John Bercow (Buckingham)

Will the hon. Lady confirm that quotas, targets and the pursuit of an antediluvian class war should have no role whatsoever to play in the appointment of magistrates, and that the only criterion for such appointments should be merit?

Jane Kennedy

As I have already said, these days, the use of political balance to introduce proper social balance on benches is regarded as a stereotype that no longer holds true. If we look at the results of the 1997 election, we also have to look seriously at other criteria and we are seeking to do that. Unnecessarily dismissive comments about the need to ensure balance on the benches do not give credit to the work of magistrates, who deliver an excellent service throughout the country and deal with 97 per cent. of criminal cases in their courts.

Mr. Dennis Skinner (Bolsover)

Why not start writing the manifesto for the next election? Why not be ultra-modern and democratic and elect magistrates and judges?

Jane Kennedy

My hon. Friend, as ever, comes up with a novel solution, which I shall consider carefully. However, we have procedures in place that will address some of the problems that he raises.

Mr. Robert Maclennan (Caithness, Sutherland and Easter Ross)

In the light of experience in Scotland following the implementation of the Human Rights Act 1998, are the Government satisfied that it is still appropriate for political appointments of judges to be made in England?

Jane Kennedy

We are dealing with the appointments of magistrates, which are made after local advisory committees undertake an assessment of candidates and make recommendations to my noble Friend the Lord Chancellor.