§ 209 Schedule 3, page 77, line 2, at end insert ', with the consent of the Secretary of State, and
§ Lord Fraser of CarmyllieMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 209. I shall speak also to Motion No. 1662 209A. It will be recalled that in our earlier deliberations on the provisions for filling vacancies in the Inner House of the Court of Session the need was identified for these procedures to reflect the collegiate nature of the College of Justice, and the provisions of paragraph 4(2) (b) of Schedule 3 were extended to include consultations by the Lord President and Lord Justice Clerk, with other judges as appropriate, prior to the making of appointments by the two senior judges. During the deliberations on these provisions in the other place the need was identified to introduce into the appointment provisions some measure of accountability to Parliament, and for that reason the Government introduced an amendment, which was subsequently approved, requiring appointments to have the consent of the Secretary of State for Scotland. The Secretary of State is already involved in other judicial appointments to the Supreme Court and Sheriff Courts, and with regard to appointments to the Inner House also it would seem appropriate for there to be some measure of accountability to Parliament.
Moved, That the House do agree with the Commons in their Amendment No. 209.—(Lord Fraser of Carmyllie.)