§ Mr. TraceyTo ask the Parliamentary Secretary, Lord Chancellor's Department what are the judicial responsibilities currently performed by the holders of the office of justices' clerk.
Mr. John M. TaylorJustices' clerks, or upon delegation, any court clerks, have certain quasi-judicial functions in relation to family cases. In criminal cases, some essentially administrative functions formerly exercised by a single justice have been delegated to justices' clerks or on their delegation to court clerks.
§ Mr. TraceyTo ask the Parliamentary Secretary, Lord Chancellor's Department (1) what assessment he has made of the effects of the White Paper "A New Framework for Local Justice" on the independence of justices' clerks when advising magistrates in relation to their judicial duties otherwise than in individual cases;
(2) what assessment he has made of the effects of the White Paper "A New Framework for Local Justice" on the independence of justices' clerks in the performance by them of their judicial responsibilities.
Mr. John M. TaylorThe Lord Chancellor and I have considered carefully the implications of the White Paper, 419W studied the views put forward by various bodies, and taken note of the effects of the reforms in those areas where the changes have already been introduced. We are satisfied that the changes will not interfere with judicial independence and we shall emphasis this by including in legislation a provision which makes clear that justices' clerks and other court staff are not liable to direction in respect of the legal advice given to magistrates in court.