HL Deb 10 April 2001 vol 624 cc93-4WA
Baroness Gould of Potternewton

asked Her Majesty's Government:

What are the arrangements for instructing advocates to prosecute cases on behalf of the Government. [HL1382]

The Attorney-General (Lord Williams of Mostyn)

Last year I set up a working group, chaired by David Nissen, CB, the Solicitor to the Department of Trade & Industry, to conduct a review of the arrangements for instructing advocates to prosecute cases on behalf of the Government. Following that review and consultation within government and the legal profession, new arrangements come into force today that will govern the instruction of advocates (whether barristers or solicitor-advocates) in private practice in prosecution cases for the following government departments and non-departmental public bodies: HM Customs & Excise; Departments of Social Security/Health; Inland Revenue; Department of Trade & Industry; Ministry of Agriculture, Fisheries and Food; Intervention Board; Health & Safety Executive and the Environment Agency.

I will be setting up a single panel of advocates for prosecution cases divided into three lists: A, B and C according to the level of experience of the advocate. Appointments will be for three years with the possibility of further renewals, I hope to annnounce the first recruitment exercise for the new single panel in the autumn. Further details about the application and selection process will be given closer to that time. There will be annual recruitment exercises and advertisements for applications to the new panel will be published. There will be equal opportunities monitoring of the application and selection process and particular care will be taken to encourage applications from women and members of the ethnic minorities. Appointment to the panels will be open to solicitor-advocates.

From today, as a transitional arrangement until the new single panel is set up, my current lists of advocates for the departments named will be operated as a single list with instructing solicitors in those departments free to instruct advocates on the other lists. Those currently on a list will be expected to apply to join the new panel in due course.

Also from today, the role of my clerk in nominating advocates from the lists for instructions/briefs, the re-allocation of returns and off-list nominations of counsel will cease. This was a considerable burden placed upon the chambers of each Attorney-General, which in these times can no longer be justified. From now on departments will be responsible for dealing directly with clerks concerning the delivery of instructions and the re-allocation of returns. Departments will be responsible for monitoring the fair spread of instructions across the lists and the equality of performance of advocates. There will be an Administrative Unit, based at HMCE, responsible for central monitoring that will report to me.

I am confident that the new arrangements will serve prosecuting departments and NDPBs well. The system will be open and fair and will offer greater opportunities than in the past for prosecutors to do government work.