§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department (1) how many judges have been subjected to(a) formal and (b) informal sanctions for breaches of the rules restricting commercial and non-commercial activities in each of the last three years; and if he will make a statement; [79797]
(2) what (a) formal and (b) informal sanctions may be applied in the event of a judge breaching the rules or the restrictions relating to commercial and non-commercial activities; and if he will make a statement; [79798]
(3) what plans he has to review the sanctions available in the case of a judge breaching the rules restricting commercial and non-commercial activities. [79799]
§ Mr. HoonIf the Lord Chancellor believed that there was legitimate cause for concern about a judge's commercial or non-commercial activities, he would consider on an individual basis what action, if any, he might take. The only statutory sanction applicable to holders of full-time judicial office up to the level of Circuit Judge is removal from office, for misbehaviour serious enough to justify that course of action. If the Lord Chancellor had reason to believe that a judge had participated in activities which might be incompatible with judicial office, he would take account of the judge's comments before considering what further action, if any, was necessary. No holders of judicial office have been removed from office for reasons connected to their commercial or non-commercial activities within the last 3 years. Information is not available on the number of occasions on which informal clarification of the position on commercial or non-commercial activities may have been sought. The Lord Chancellor has no plans to review these arrangements.
§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department what steps are taken on the appointment of(a) full-time and (b) part-time judges to bring to their attention the rules relating to the restrictions on commercial and non-commercial activities; and if he will make a statement. [79793]
31W
§ Mr. HoonAll full-time judges are provided on appointment with documentation which includes guidance on outside activities and incorporates advice on the rule that no full-time judge should hold a commercial directorship. All holders of judicial office are able to consult either the Lord Chancellor or other senior members of the judiciary if they have any doubts about the application of the guidance in particular circumstances. These provisions do not apply to part-time judges.
§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department what plans he has to review the restrictions on the commercial and non-commercial activities of judges; and if he will make a statement. [79796]
§ Mr. HoonThe Lord Chancellor is satisfied in principle with the present provisions relating to activities considered incompatible with judicial office, which are of long standing, but he has decided to review the precise terms of the guidance issued to new appointees on these provisions so as to make sure they are both clear and up-to-date. These provisions are, of course, separate from any question of conflict of interest arising in individual cases, on which all holders of judicial office are expected to comply with the existing case law.
§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department how many(a) full-time and (b) part-time judges have (i) non-commercial and (ii) commercial company directorships. [79800]
§ Mr. HoonThis information is not collected. The information may be held in respect of those individual members of the judiciary who have volunteered the information to the Lord Chancellor's Department, but it is not possible to identify all such individuals from the Department's records without incurring disproportionate costs. All full-time judges receive on appointment guidance which advises them that they should not hold commercial directorships.
§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department in what circumstances a High Court Judge is permitted to conduct personal(a) social and (b) commercial meetings within the Royal Courts of Justice. [79801]
§ Mr. HoonThe Lord Chancellor expects judges to exercise personal responsibility for the use which is made of their chambers in the Royal Courts of Justice, having regard to the interests of the taxpayer. Chambers are made available to judges as an aid to the performance of their judicial duties, but it would be unobjectionable for them, in their discretion, to make occasional use of them for social or personal purposes not inconsistent with the performance of those duties and having due regard to the interests of the taxpayer.
§ Mr. DismoreTo ask the Minister of State, Lord Chancellor's Department what restrictions apply to(a) full-time and (b) part-time judges in respect of (i) holding company directorships, (ii) holding shares in private limited companies, (iii) holding shares in public limited companies, (iv) being members of barristers' chambers, (v) being members of solicitors' partnerships, (vi) being members of commercial partnerships and (vii) having other commercial interests; and if he will make a statement. [79804]
32W
§ Mr. HoonHolders of full-time judicial office are prohibited, under section 75 of the Courts and Legal Services Act 1990, from practising as banisters or solicitors and from being indirectly concerned in any such practice. They are also advised on appointment that they should discontinue any professional or business links with their former chambers or firm. In addition, full-time judges are advised that they should not hold commercial directorships. There is no objection to judges holding shares in either a private or a public limited company, and there is normally no objection to taking part in the management of a family estate or farming their own land. The extent to which other commercial interests would be subject to the same constraint as applies to commercial directorships would depend on the individual circumstances, but a commercial partnership would normally be treated similarly. These various provisions do not apply to holders of part-time judicial office. However, all holders of judicial office are advised to refrain from participating in any activity which might conflict with judicial office. In addition, all holders of judicial office must have regard to the case law governing conflicts of interest, which will apply in any individual case in which the possibility arises of a conflict between the judge's private interests and those of any person or party involved in the case.