Queen's Counsel (Hansard, 13 June 1995)

§ Mr. Peter Bottomley
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy to allow Queen's counsel a choice between uttering an oath or making a declaration to match the procedure followed by hon. Members. [27204]

Mr. John M. Taylor
Only in Northern Ireland are newly-appointed Queen's counsel required to take an oath of allegiance. The matter is therefore one for the Supreme court authorities, in consultation with the General Council of the Bar of Northern Ireland, on whose advice my right hon. Friend the Secretary of State for Northern Ireland acts in these matters.

§ Mr. Peter Bottomley
To ask the Parliamentary Secretary, Lord Chancellor's Department who has discretion to modify the requirements of the oath and declaration required of Queen's counsel. [27206]

Mr. John M. Taylor
When in November 1972 the form of the declaration made by Queen's counsel in England and Wales was last modified, Her Majesty approved the Lord Chancellor's recommendation made with the agreement of the treasures of the four inns of court and the chairman of the General Council of the Bar.
The form of the declaration made upon admission to the Faculty of Advocates in Scotland is governed by the faculty regulations. Any amendment would require the approval of the Lord President of the Court of Session.
Any modification to the oath and declaration for Queen's counsel of Northern Ireland would be made by my right hon. and learned Friend the Secretary of State for Northern Ireland in the exercise of the royal prerogative. He would be advised on the matter by the Supreme Court authorities after consultation with the General Council of the Bar of Northern Ireland.
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§ Mr. Peter Bottomley
To ask the Parliamentary Secretary, Lord Chancellor's Department if the oath and declaration required of Queen's counsel are identical throughout the United Kingdom and Commonwealth. [27205]

Mr. John M. Taylor
In England and Wales a declaration is made by newly appointed Queen's counsel in the following termsI [A.B.] do sincerely promise and declare that I will well and truly serve Her Majesty Queen Elizabeth the Second and all whom I may lawfully be called upon to serve in the office of one of Her Majesty's Counsel learned in the Law according to the best of my skill and understanding".
In Scotland, advocates make a declaration of allegiance when they are admitted to the faculty of advocates. The declaration, commonly known as the oath of allegiance, is made in the following terms: I [A.B.] do solemnly, sincerely and truly declare and affirm that I shall bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors according to law".
When an advocate is granted the status of Queen's counsel in Scotland, he or she is not required to make any further declaration. The arrangements for appointment as a Queen's counsel are made through correspondence and there is no ceremony associated with appointment to this rank.
In Northern Ireland, Queen's counsel take both an oath of allegiance and make a declaration., The oath of allegiance is in the following terms: I, [A.B.] do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law".
The declaration made is as follows: I, [A.B.] do declare that well and truly I will serve the Queen as one of Her Counsel learned in the Law and truly counsel the Queen in Her matters, when I shall be called upon so to do, and duly and truly minister the Queen's matters and sue the Queen's process after the course of the Law, and after my cunning. I will duly in convenient time speed such matters as I may lawfully do which any person shall have to do in the Law against the Queen. And in all other respects I will be attendant to the Queen's matters when I be called thereto".
Different procedures for the recommendation and appointment of Queen's counsel subsist throughout the Commonwealth.