Judges (Hansard, 12 July 1994)

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what specific measures he is taking to improve the forecasting of numbers and particular expertise needed at different levels of the judiciary.

Mr. John M. Taylor
Circuits will be required to identify the number of vacancies which are expected to arise a year in advance of the financial year in which they will occur. Based on changes in work load, retirements and other factors they will be expected to identify the number

Total Women Black Asian

High Court Judges 95 6 — —

Circuit Judges (includes Official Referees) 510 29 — 3

District Judges (excludes District Judges of the Principal Registry of the Family Division) 290 25 — 1

Masters and Registrars of the Supreme Court and District Judges of the Principal Registry of the Family Division 49 6 — —

Metropolitan Stipendiary Magistrates 46 6 — —

Provincial Stipendiary Magistrates 34 2 — 1

Recorders 866 38 4 5

Assistant Recorders (excludes Assistant Recorders in Training) 385 58 6 2

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what percentage of(a) High Court judges, (b) circuit judges and (c) district judges in office on 31 March had served in the present posts at this level (i) for less than a year, (ii) for less than five years, (iii) for more than 10 years and (iv) for 20 years or more.

A B C D

Less than 1 Year Less than 5 Years More than 10 Years More than 20 Years

Per cent. Per cent. Per cent. Per cent.

High Court Judges 15 (14) 52 (49) 15 (14) 1 (1)

Circuit Judges 9 (46) 43 (220) 26 (132) 4 (21)

District Judges (including District Judges of Principal Registry of the Family Division) 12 (37) 44 (139) 34 (107) 6 (20)

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and location of the likely vacancies. This will enable vacancies to be advertised well in advance and appropriate individuals to be identified to fill them quickly as and when they arise.
The Department is also developing an information system to determine the future number of High Court judges needed at any one time, having regard to the need to maintain the High Court bench as a compact collegiate body.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many responses he has received to his consultation paper "Developments in Judicial Appointments Procedures".

Mr. John M. Taylor
Some 22 responses had been received as at 7 July 1994.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what was the total number of judges serving at 31 March as(a) High Court judges, (b) circuit judges, (c) district judges, (d) masters and registrars of the Supreme Court and district judges of the principal registry of the family division, (e) metropolitan stipendiary magistrates, (f) provincial stipendiary magistrates, (g) recorder and (h) assistant recorders; and how many in each are (i) part-time appointments, (ii) women, (iii) black and (iv) Asian.

Mr. John M. Taylor
The number of office holders as at 31 March 1994 is set out in the table. All the posts listed are full time except recorders and assistant recorders. The figures for black or Asian office-holders are believed to be correct, but arrangements for the formal recording of the ethnic origin of applicants for judicial office only began on 1 October 1991, so such information may be incomplete. In any event, the figures do not include those of other ethnic minority origin.

Mr. John M. Taylor
The information relating to 31 March is not readily available. However, the percentages for the different periods of service, together with, in brackets, the relevant number of judges, as at 6 July 1994 is set out in the table below. Column B includes the figures in column A. Similarly, column C includes the figures in column D. Percentages are rounded to the nearest whole figure.
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§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many judges have retired on health grounds since June 1979.

Mr. John M. Taylor
There have been 48 such retirements since June 1979.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what consideration he is giving to the suggestion of the Royal Commission on Criminal Justice that judicial performance should be more closely monitored.

Mr. John M. Taylor
The Royal Commission's recommendations numbered 249 and 251 remain under active consideration by the Lord Chancellor in consultation with the senior judiciary and the chairman of the Judicial Studies Board. The recommendations have to be set in the context of the essential constitutional principle of the independence of the judiciary from the Executive and from each other. Any measures taken must have full regard to this overriding principle. The Government will respond to these two recommendations when their consideration of these difficult issues is complete.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what is the expected number of working days per year for each category of judge in England and Wales.

Mr. John M. Taylor
District judges are expected to sit 215 or more days per year. Circuit judges are expected to sit 210 or more days per year. High Court judges and judges of the Court of Appeal usually sit throughout the legal terms, 189 days, but may well sit outside those times. There is no expected number of working days for the Lords of Appeal in Ordinary.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what parallel category of civil servants is used by the Top Salaries Review Body as a relevant basis for considering salary scales for the judiciary.

Mr. John M. Taylor
Under the revised terms of reference which were introduced in July 1993 at its request, the Senior Salaries Review Body is required, when making recommendations, to have regard to the need to maintain broad linkages between the remuneration of the three main remit groups, while allowing sufficient flexibility to take account of the circumstance of each group.
The two linkages which presently exist between the judiciary and the senior civil service are between High Court judges and civil servants at grade 1 level, and between the Cabinet Secretary and the Lord Chief Justice.
In its 1994 report, the SSRB recommended that the practice of offering identical salaries across the remit groups should be discontinued in future years provided that, in accordance with its terms of reference, the review body ensures that a broad linkage is maintained. The Government have accepted that recommendation.

§ Mr. Gunnell
To ask the Parliamentary Secretary., Lord Chancellor's Department (1) under what circumstances a member of the judiciary can be dismissed;
(2) how many members of the judiciary have been dismissed (a) since June 1979 and (b) since May 1965 as of 31 March;
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(3) what are the current disciplinary procedures for members of the judiciary.

Mr. John M. Taylor
The independence of the judiciary is a fundamental principle of the constitution and is protected by the provisions governing judicial tenure. Lords of Appeal in Ordinary and Supreme Court judges may be removed by Her Majesty only on an address presented by both Houses of Parliament. Circuit judges may be removed by the Lord Chancellor on the grounds of incapacity or misbehaviour. The statutory provisions governing the removal from office of other members of the judiciary vary, but in general relate similarly to incapacity or misbehaviour, or the equivalent. One circuit judge was removed from office on the ground of misbehaviour in 1983. No other instance of removal from full-time judicial office since 1965 is known.
Given the independence of the judiciary, it is not generally open to the Lord Chancellor to comment on, or intervene in, decisions or comments made, or the conduct of legal proceedings, by a judge in the exercise of his judicial functions. The appropriate recourse in relation to such matters lies in the available processes of appeal or review. Subject to this overriding principle, where a question about the conduct of a judicial office holder is raised with the Lord Chancellor, he may see fit to seek the comments of the office holder concerned before considering what, if any, course of action he should take within the powers available to him.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department (1) what was the total number of judges serving in all categories as of 31 March;
(2) what was the total number of judges serving in all categories employed (a) full-time and (b) part-time as of 31 March.

Mr. John M. Taylor
The total number of full-time judges at 31 March 1994 is set out in the following table:

Number

Lords of Appeal in Ordinary 10

Heads of Division (excluding Lord Chancellor) 4

Lords Justices of Appeal 29

High Court Judges 95

Circuit Judges 510

District Judges (including District Judges of the Principal Registry of the Family Division) 308

Total 956

At 31 March 1994, some 185 practitioners had been authorised to sit as deputy High Court judges, 43 retired judges had been appointed to sit as deputy circuit judges and 745 practitioners and retired district judges were authorised to sit as deputy district judges. Some 866 practitioners were authorised to sit as recorders and 385 as assistant recorders. In addition, certain retired Supreme Court judges and Lords of Appeal in Ordinary are also willing to sit from time to time. There are other part-time judicial office-holders.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what information he has on the social class origins of current members of the judiciary.

Mr. John M. Taylor
No information is held on the social class origins of current members of the judiciary. Aggregated information relating to the educational 487W background of the judiciary is not readily available. The Lord Chancellor's policy is to appoint to judicial office, entirely on merit, those who satisfy the relevant statutory conditions for appointments and are considered best qualified to fill the posts.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many judges currently serving would, if they retired at 70 years of age, leave after fewer than 20 years' service.

Mr. John M. Taylor
The table sets out the numbers of judges in office on 6 July 1994 who would have served in full-time judicial office in the United Kingdom for fewer than 20 years if they were to retire on their 70th birthday and, in the case of those already over 70, the numbers who had completed fewer than 20 years service by that date. The figures take into account previous service in other full-time judicial offices in this country, except in the case of serving circuit judges where information relating to earlier service is not readily available. The total numbers of judges in post on 6 July 1994 are shown in brackets.

Number

Lords of Appeal in Ordinary 3 (10)

Supreme Court Judges 87 (128)

Circuit Judges 254 (510)

District Judges¹ 56 (313)

¹Including District Judges of Principal Registry of the Family Division).

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what specific measures he is taking to increase the number of judges moving from the High Court family division to the Court of Appeal.

Mr. John M. Taylor
Appointments to the Court of Appeal are made by the Queen on the recommendation of the Prime Minister. Before making his recommendations, the Prime Minister receives advice from the Lord Chancellor. The Lord Chancellor's advice on appointments to the Court of Appeal is based on the operational needs of the Court of Appeal and the suitability of the available candidates. He does not envisage special measures to increase the number of judges promoted to the Court of Appeal from the family division of the High Court.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to abolish judicial tenure.

Mr. John M. Taylor
None. The role of the judiciary is to administer justice in accordance with the laws of England and Wales without fear or favour, affection or ill will. In order to do so, judges must be independent. Security of tenure for the judiciary as established by the Act of Settlement and subsequent statutory provisions is essential in maintaining and supporting the principle of judicial independence.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department (1) if he will list the publications which will carry judicial advertisements; and on what basis those national publications will be chosen;
(2) when he expects to report on the results of his consultation on the judicial appointments system;
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(3) in implementing the proposals in his consultation paper, in what circumstances he will disregard an interview panel's recommendations in favour of alternative information;
(4) if he will continue to take soundings regarding judicial appointments; and if these will be used to determine the short listing of applicants for posts.

Mr. John M. Taylor
I refer the hon. Member to the reply that I gave to him on 4 July,Official Report, column 1. The consultation paper "Developments in Judicial Appointments Procedures" proposes that the interview panel's recommendations will constitute only one element of the information which the Lord Chancellor will have at his disposal, but that it will be a valuable and important one to which he will attach appropriate weight. The consultation paper also emphasises the Lord Chancellor's commitment to the continuation of the systematic collection of views and opinions about candidates and their work from a wide spread of judges and senior practitioners who are in a position to assess them. No decision has yet been taken in respect of the publications in which any advertisements might appear.
The Lord Chancellor is now considering the responses received to the consultation paper and will make an announcement as soon as practicable.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many(a) High Court judges, (b) circuit judges and (c) district judges in office on 31 March received university education at Oxford or Cambridge.

Mr. John M. Taylor
Aggregated information relating to the university background of judges is not readily available, but the results of a special exercise carried out last year showed that at 1st January 1993, 68–81 per cent.—of the then 84 High Court judges had attended Oxford or Cambridge universities. The special exercise showed that the equivalent figure for the then 482 circuit judges was 261—54 per cent. The survey did not extend to district judges.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what considerations underlie his proposal that judges should serve 20 years to qualify for a pension.

Mr. John M. Taylor
The requirement that judges should serve 20 years to qualify for full pension benefits is contained in the new pensions scheme under the Judicial Pensions and Retirement Act 1993. This is to allow the judicial pension scheme to conform to the taxation requirements which now apply to all other private and public sector pension schemes as a result of the Finance Acts 1987 and 1989 and the Income and Corporation Taxes Act 1988.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many judges have retired on health grounds with fewer than 20 years' service since(a) June 1979 and (b) April 1992.

Mr. John M. Taylor
There have been 47 such retirements since June 1979, of which four have taken place since April 1992. These figures refer to Lords of Appeal in Ordinary, judges of the Supreme Court, circuit judges and district judges.
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§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what is the pay scale of each category of judge in England and Wales.

Mr. John M. Taylor
The salaries of the judges in England and Wales are as follows:

£

Lord Chancellor 120,179

Lord Chief Justice 118,179

Lords of Appeal —

Master of the Rolls 109,435

Lords Justices of Appeal —

President of the Family Division —

Vice-Chancellor 104,922

High Court Judges 95,051

Official Referees —

Senior Circuit Judges 82,641

Circuit Judges —

Senior District Judge 69,497

District Judges 56,974

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many barristers have declined to become High Court judges in each of the last 10 years.

Mr. John. M. Taylor
The numbers of barristers who have declined to allow their names to be recommended to Her Majesty the Queen for immediate appointment to the High Court bench in England and Wales in recent years are set out below. All those who declined, with one exception, have made it clear that they hope to be considered again for appointment to the High Court bench in the future. Numbers before 1988 are not readily available.

Number

1988–89 —

1989–90 —

1990–91 —

1991–92 1

1992–93 6

1993–94 2

¹1994–95 —

¹To date.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what legislative action would be necessary for the changes he announced on 7 July 1993 to the judicial appointment system to take effect.

Mr. John M. Taylor
None.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what specific consideration he is giving to the establishment of a judicial appointments commission.

Mr. John M. Taylor
None. It remains the Government's view that the establishment of such a commission would impair direct ministerial accountability to Parliament for judicial appointments. Moreover, the Government have yet to hear any convincing argument that the quality of those appointed by a Commission would be likely to be any better than that of those appointed under present arrangements.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many of each category of judge in office on 31 March were(a) under 50, (b) 51 to 60, (c) 60 to 70 and (d) over 70 years of age.
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Mr. John M. Taylor
The information relating to 31 March is not readily available. The information as at 6 July 1994 is set out in the table below. The age bands have been adjusted in the table to prevent double counting.

Under 50 50–59 60–70 71 and over

Lords of Appeal in Ordinary 0 0 8 2

Supreme Court Judges 8 55 63 2

Circuit Judges 66 233 201 10

District Judges (including District Judges of the Principal Registry of the Family Division) 118 123 72 0

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many(a) High Court judges, (b) circuit judges and (c) district judges in office at 31 March were appointed (i) as a result of promotion within the judiciary, (ii) as practising barristers, (iii) as practising solicitors and (iv) after serving on the High Court family division.

Mr. John M. Taylor
Thirteen of the 95 High Court judges in office on 31 March 1994 were appointed as a result of promotion within the full-time judiciary. One was previously an Advocate-General at the Court of Justice of the European Communities. The remaining 81 were appointed from the Bar, including two barristers who were not in private practice. One Chancery division judge and five Queen's bench division judges had previously served as judges in the family division of the High Court.
The complete information relating to circuit judges is not readily available. Of the 510 circuit judges in office on 31 March 1994, 450 had been barristers and 60 had been solicitors: these figures include those who were appointed to the circuit bench from other full-time judicial offices.
No district judges in office on 31 March 1994 were appointed as a result of promotion within the full-time judiciary. Of the 308 district judges then in office, including district judges of the principal registry of the family division, 296 were appointed from solicitors, including academic and employed solicitors, and 12 from the practising Bar.

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department what representations he has received following his proposals that judges will have to serve 20 years to qualify for a pension.

Mr. John M. Taylor
The requirement that judges should serve 20 years to qualify for full pension benefits is introduced by the Judicial Pensions and Retirement Act 1993. Responses to the proposals in the consultation paper issued before the passing of the 1993 Act were received from the following groups or individuals, in order of receipt:

The President of the Pension Appeal Tribunal

The Judge Advocate General

The President of Social Security Appeal Tribunals and Medical Appeal Tribunals

The Council of Her Majesty's Circuit Judges

Sir Bryan Roberts KCMG

The Senior Master, Queen's Bench Division

The Chief Metropolitan Stipendiary Magistrate

The President of Industrial Tribunals

The Senior District Judge, Family Division

His Honour Judge Micklem

The Association of District Judges
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The Provincial Stipendiary Magistrates

The Judges' Council

The Top Salaries Review Body

The Chief Taxing Master

The Chief Chancery Master

The Master of the Court of Protection

The Chief Social Security Commissioner

The Chief Immigration Adjudicator

The General Council of the Bar

The Law Society

§ Mr. Gunnell
To ask the Parliamentary Secretary, Lord Chancellor's Department how many copies of his consultation paper "Developments in Judicial Appointments Procedures" were sent to laypersons, as defined in the paper itself.

Mr. John M. Taylor
Approximately 700 copies of the consultation paper have been distributed to organisations and individuals including the National Consumer Council, the National Association of Citizens' Advice Bureaux, the Equal Opportunities Commission and the Commission for Racial Equality. Copies were also sent to any who requested them from my Department. It is not possible to determine how many of these are not lawyers.

	Total	Women	Black	Asian
High Court Judges	95	6	—	—
Circuit Judges (includes Official Referees)	510	29	—	3
District Judges (excludes District Judges of the Principal Registry of the Family Division)	290	25	—	1
Masters and Registrars of the Supreme Court and District Judges of the Principal Registry of the Family Division	49	6	—	—
Metropolitan Stipendiary Magistrates	46	6	—	—
Provincial Stipendiary Magistrates	34	2	—	1
Recorders	866	38	4	5
Assistant Recorders (excludes Assistant Recorders in Training)	385	58	6	2

	A	B	C	D
	Less than 1 Year	Less than 5 Years	More than 10 Years	More than 20 Years
	Per cent.		Per cent.		Per cent.		Per cent.
High Court Judges	15	(14)	52	(49)	15	(14)	1	(1)
Circuit Judges	9	(46)	43	(220)	26	(132)	4	(21)
District Judges (including District Judges of Principal Registry of the Family Division)	12	(37)	44	(139)	34	(107)	6	(20)

	Number
Lords of Appeal in Ordinary	10
Heads of Division (excluding Lord Chancellor)	4
Lords Justices of Appeal	29
High Court Judges	95
Circuit Judges	510
District Judges (including District Judges of the Principal Registry of the Family Division)	308
Total	956

	Number
Lords of Appeal in Ordinary	3 (10)
Supreme Court Judges	87 (128)
Circuit Judges	254 (510)
District Judges¹	56 (313)
¹Including District Judges of Principal Registry of the Family Division).

	£
Lord Chancellor	120,179
Lord Chief Justice	118,179
Lords of Appeal	—
Master of the Rolls	109,435
Lords Justices of Appeal	—
President of the Family Division	—
Vice-Chancellor	104,922
High Court Judges	95,051
Official Referees	—
Senior Circuit Judges	82,641
Circuit Judges	—
Senior District Judge	69,497
District Judges	56,974

	Number
1988–89	—
1989–90	—
1990–91	—
1991–92	1
1992–93	6
1993–94	2
¹1994–95	—
¹To date.

	Under 50	50–59	60–70	71 and over
Lords of Appeal in Ordinary	0	0	8	2
Supreme Court Judges	8	55	63	2
Circuit Judges	66	233	201	10
District Judges (including District Judges of the Principal Registry of the Family Division)	118	123	72	0