HC Deb 13 March 1981 vol 1000 c427W
Mr. McMahon

asked the Secretary of State for Scotland what criteria are adopted in the appointment of justices of the peace in order that a proper balance of political and religious representation is retained.

Mr. Rifkind

My right hon. Friend is advised on the appointment of justices of the peace for each district and islands area by advisory committees. The committees have all been given guidance as to the considerations which they should have in mind in making their recommendations and are aware that the first and most important consideration must be the personal suitability of the candidates, in character, integrity and understanding. Second only to this is the desirability that the commissions of the peace should be drawn from all social classes and be broadly representative of the opinions of the community which they serve.

The advisory committees themselves contain recognised supporters of the main political parties and in order to ensure that a proper political balance is obtained on each commission they are asked to have regard to the political affiliations, if any, of the candidates, and to indicate them to my right hon. Friend when making their recommendations. Their recommendations must be unanimous. The political balance of the commission is always considered by my right hon. Friend when new appointments are being made.

As regards religious balance, neither religious belief nor the absence of it is a qualification for appointment and, to avoid misunderstanding, candidates are not asked their religious belief. In areas where this could be a sensitive issue, however, advisory committees are expected to satisfy themselves that their recommendations are not open to criticism as being unbalanced in this respect, and to inform my right hon. Friend that this has been done.