HC Deb 19 October 1999 vol 336 cc565-70W
Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the impact of the Law Society's statements concerning the abolition of Queen's Counsel on the credibility of the Queen's Counsel system; and if he will make a statement. [94400]

Mr. Lock

My noble and learned Friend the Lord Chancellor is very disappointed that the Law Society has seen fit to adopt a concluded public position in advance of the publication of Sir Leonard Peach's report on the operation of the judicial appointments and Silk systems. He regards Silk as a kitemark of quality, which engenders public confidence and enables lawyers and clients to identify the leading members of the profession. He and his officials are absolutely committed to ensuring equality of opportunity, and he makes his decisions on Silk only after wide, extensive and highly structured consultation with those who are best placed to judge the applicants against the set criteria. In fairness to solicitor applicants, he will respond to the Law Society's withdrawal of co-operation by developing other channels of consultation to ensure that he can give fair consideration to their applications.

Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the(a) individuals and (b) organisations consulted as part of the secret soundings for appointments (i) to the judiciary and (ii) to leading counsel; and if he will make a statement. [94402]

Mr. Lock

The Lord Chancellor consults widely among the judiciary and senior members of the legal profession about the suitability of candidates for judicial appointment and Silk. He entirely rejects any suggestion that those arrangements constitute "secret soundings". Information about those who are consulted is publicly available. Assessments are provided in confidence, but many candidates take up the offer of feedback which includes the tenor of the assessments received.

Judicial appointments In the case of judicial appointments, the list of those consulted depends on the nature of the judicial office to be filled. Those consulted about particular appointments are currently drawn from a list which includes the following individuals and organisations:

Individuals consulted

  • Lords of Appeal in Ordinary
  • The Vice-Chancellor
  • The President of the Family Division
  • The Senior Presiding Judge, England and Wales
  • Presiding Judges
  • Judges of the Supreme Court
  • Chancery Division Liaison Judges
  • Family Division Liaison Judges
  • The Vice-Chancellor of the County Palatine of Lancaster
  • All Circuit Judges
  • The President of the Council of Her Majesty's Circuit Judges
  • An Administrative Law High Court Judge
  • An Admiralty High Court Judge
  • The High Court Judge in Charge of the Commercial List
  • The High Court Judge in Charge of the Non Jury List (Queen's Bench Division)
  • The Judge in Charge of the Technology and Construction Court
  • The Judge Advocate General
  • The Judge Advocate of the Fleet
  • The Chief Naval Judge Advocate
  • The Director of Legal Services, RAF
  • The Chief Metropolitan Stipendiary Magistrate
  • The Chief Provincial Stipendiary Magistrate
  • The Chief Immigration Adjudicator
  • The President of the Immigration Appeal Tribunal
  • The Chief Social Security Commissioner
  • The President of the Independent Tribunal Service
  • The President of the VAT and Duties Tribunal
  • The President of the Employment Tribunals
  • The President of the Lands Tribunal
  • The Chief Chancery Master
  • The Senior District Judge of the Family Division
  • The right hon. Lord Justice Aldous, the hon. Mr. Justice Jacob and the hon. Mr. Justice Laddie (Intellectual Property Judges)
  • The right hon. Lord Justice Schiemann, the hon. Mr. Justice Sullivan and the hon. Mr. Justice Harrison (Judges experienced in Planning)
  • The hon. Mr. Justice Keene (Judge experienced in Planning and Local Government; Administrative and Public Law)
  • His Honour Judge Toulmin QC (Judge experienced in EC Law)
  • His Honour Judge Colyer QC and Mr. K. M. J. Lewison QC (Landlord and Tenant Law)
  • The President of The Law Society
  • Bar Mess Chairmen
  • The Chairman of the Bar
  • All Circuit Leaders
  • The Vice-Chairman of the Bar
  • Mr. J. J. McMullen QC (Employment and Industrial Relations)
  • Mr. N. J. Forwood QC (EC Law)
  • Mr. K. P. E. Lasok QC (Restrictive Practices and Monopolies)
  • Ms W. Backhouse (Housing Law Practitioners)
  • Any other consultees nominated by the applicant

Organisations consulted

  • The Law Society
  • The Technology and Construction Solicitors Association
  • The Criminal Law Solicitors' Association
  • The London Criminal Courts Solicitors' Association
  • The Association of Personal Injury Lawyers
  • The Solicitors' European Group
  • The Solicitors' Family Law Association
  • The Legal Aid Practitioners' Group
  • The London Solicitors' Litigation Association
  • The Solicitors' Association of High Court Advocates
  • The Association of Pension Lawyers
  • The Employment Lawyers' Association
  • The Immigration Law Practitioners' Association
  • The Insolvency Lawyers' Association
  • The Intellectual Property Lawyers' Association
  • The Education Law Association
  • The Local Government Group
  • The Race Relations Committee of the Bar
  • The Sex Discrimination Committee of the Bar
  • The Administrative Law Bar Association
  • The Technology and Construction Bar Association
  • The Chancery Bar Association
  • The Northern Chancery Bar Association
  • The Bristol and Cardiff Chancery Bar Association
  • The Commercial Bar Association
  • The Northern Circuit Commercial Bar Association
  • The London Common Law and Commercial Bar Association
  • The Personal Injury Bar Association
  • The Professional Negligence Bar Association
  • The Criminal Bar Association
  • The Employment Law Bar Association
  • The Bar European Group
  • The Family Law Bar Association
  • The Planning and Environment Law Bar Association
  • The Revenue Bar Association
  • The Parliamentary Bar Mess
  • Army Legal Services

Queen's Counsel

  • For the 1999–2000 procedure, the consultees include:

Individuals consulted

  • The President of The Law Society
  • Other Law Society consultees
  • Lords of Appeal in Ordinary
  • Lords Justices of Appeal
  • The Lord Chief Justice
  • The Master of the Rolls
  • The President of the Family Division
  • The Vice-Chancellor
  • The Senior Presiding Judge
  • The Vice-President of the Court of Appeal, Criminal Division
    • 568
  • The Vice-President of the Queen's Bench Division
  • All High Court Judges
  • All Presiding Judges
  • All Family Division Liaison Judges
  • The Law Officers
  • The Recorder of London
  • The Common Serjeant
  • Resident Circuit Judges
  • Designated Civil Circuit Judges
  • Designated Family Circuit Judges
  • Central Criminal Court Judges
  • Chancery Circuit Judges
  • Mercantile Circuit Judges
  • Judges of the Technology and Construction Court
  • The President of the Employment Tribunal
  • The President of the Lands Tribunal
  • The President of the Independent Tribunal Service
  • The President of the Immigration Appeal Tribunal
  • The Presiding Special Commissioner of Income Tax
  • The Senior Queen's Bench Master
  • The Senior District Judge of the Family Division
  • The Chief Social Security Commissioner
  • All Circuit Leaders
  • The Chairman of the Bar Messes on the South Eastern Circuit
  • The Chairman of the Bar
  • The Vice-Chairman of the Bar
  • The Race Relations Committee of the Bar
  • The Sex Discrimination Committee of the Bar
  • Judges of the European Court of Human Rights
  • Judges of the Court of Justice of the EC
  • A Judge of the International Court of Justice, The Hague
  • The Advocate General of the Court of Justice of the EC
  • His Honour Judge Colyer QC (Landlord and Tenant Judge)
  • N. Forwood QC (EC Law)
  • Lord Lester of Herne Hill QC (Human Rights Law)
  • S. Thorley QC (Intellectual Property Law)
  • K. Lewison QC (Landlord and Tenant Law)
  • V. Pugh QC and P. Valiance QC (Environmental Law)
  • N. Blake QC (Immigration Law)
  • R. Hartley QC (Defamation Law)
  • J. Lever QC (Restrictive Practices and Monopolies Law)
  • J. McMullen QC (Employment and Industrial Relations)
  • R. S. Stone QC (Admiralty Law)
  • The Chief Planning Inspector
  • The Legal Adviser, Foreign and Commonwealth Office
  • The Solicitor of the Inland Revenue
  • Any other consultees nominated by the applicant

Organisations consulted

  • The Law Society Equal Opportunities Committee
  • The Association of Patent Solicitors
  • The Association of Personal Injury Lawyers
  • The Association of Pension Lawyers
  • The Commerce and Industry Group
  • The Criminal Law Solicitors' Association
  • The Education Law Association
  • The Employment Lawyers' Association
  • The Housing Law Practitioners Association
  • The Immigration Law Practitioners' Association
  • The Insolvency Lawyers' Association
  • The Intellectual Property Lawyers' Association
  • The Legal Aid Practitioners' Group
  • The Local Government Group
  • The London Criminal Courts Solicitors' Association
  • The London Solicitors' Litigation Association
  • The Technology and Construction Solicitors' Association
  • The Solicitors' Association of Higher Court Advocates
  • The Solicitors' European Group
  • The Solicitors' Family Law Association
  • The Administrative Law Bar Association
  • The Chancery Bar Association
  • The London Common Law and Commercial Bar Association
  • The Criminal Bar Association
  • The Employment Law Bar Association
  • The Family Law Bar Association
  • The Local Government and Planning and Environmental Law Bar Association
  • The Technology and Construction Bar Association
  • The Parliamentary Bar Mess
  • The Personal Injury Bar Association
  • The Professional Negligence Bar Association
  • The Revenue Bar Association.

Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the impact of the decision of the Law Society to boycott the secret soundings process on appointments to the judiciary and leading counsel; and if he will make a statement. [94401]

Mr. Lock

The Lord Chancellor is disappointed by the Law Society's decision to withdraw from the existing arrangements for consultation on candidates for judicial and Queen's Counsel appointments, which do not in any way constitute a "secret soundings process". He has valued the help he has received from the Law Society in assessing solicitors as candidates for appointment, and he finds it difficult to see how the interests of solicitors can be advanced by a decision to withhold the assistance previously given. In fairness to solicitor candidates, the Lord Chancellor will continue to consult such representative bodies as the Solicitors' Family Law Association and the London Criminal Courts Solicitors' Association, and proposes also to develop other channels of consultation, potentially including solicitors' firms, senior practitioners and local and regional Law Societies.

Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to publish the report of Sir Leonard Peach into applications for judicial and QC appointments. [94426]

Mr. Lock

Sir Leonard Peach's report will be published after it has been completed.

Mr. Dismore

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will extend the terms of reference of Sir Leonard Peach in his review of appointment arrangements to Queen's Counsel and the judiciary to reflect the views of the Law Society on the secret soundings system; and if he will make a statement. [94398]

Mr. Lock

The system of consultation on candidates for the judiciary and Queen's Counsel is not secret. Information about those who are consulted for assessments of suitability is publicly available. Assessments are sought in a structured way against the specific criteria for appointment; they are provided in confidence, but many candidates take up the offer of feedback, which includes the tenor of the assessments received. The scope for improvements in the consultation arrangements is within the terms of reference of the scrutiny of judicial appointments and Queen's Counsel selection procedures, which my noble and learned Friend the Lord Chancellor has asked Sir Leonard Peach to undertake. The Law Society has presented its views on the system to Sir Leonard, who will no doubt take these into account when he reports in due course.

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