§ Mr. CashTo ask the Parliamentary Secretary, Department for Constitutional Affairs what limits will be placed on the members of the Judicial Appointments Commission in discussing individual cases with ministers. [126747]
§ Mr. LeslieOn 14 July 2003, the Government published a consultation paper entitled Constitutional Reform: A New Way of Appointing Judges. The paper seeks views on proposals for the establishment of the new Judicial Appointments Commission. Under the Government's preferred model, the Commission would take responsibility for the entire appointments process prior to the appointment itself. Ministers would not take any part in that process. Under this model, the Commission would generally put forward only one name to the Secretary of State for each appointment. The Secretary of State would either accept that recommendation and make the appointment (or pass the recommendation to the Prime Minister or The Queen as appropriate) or formally reject that recommendation and require another to be put forward. The preferred model is described in more detail in paragraphs 42–48 and 52 of the consultation paper (available in the Members' Library and on the internet at www.dca.gov.uk/consult/iacommission).
§ Mr. CashTo ask the Parliamentary Secretary, Department for Constitutional Affairs whether the decisions of the Judicial Appointments Commission and the Secretary of State in respect of judicial appointments will be subject to judicial review. [126749]
§ Mr. LeslieThe decisions of public authorities are generally susceptible to judicial review, applying the ordinary principles of public administrative law. It is for the courts to decide whether to admit an application in any particular case.