§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they will give effect in the United Kingdom to the guidance on judicial appointments contained in Recommendation No R(94)12, adopted by the Committee of Ministers of the Council of Europe on 11 October 1994, namely that (i) the authority taking the decision on the selection and career of judges should be independent of the government and the administration; (ii) where constitutional or legal provisions or tradition allow judges to be appointed by the government, there should be guarantees to ensure that the procedures to appoint judges are transparent and independent in practice; and (iii) there should be a special independent and competent body to give the government advice which it follows in practice. [HL1708]
§ The Lord Chancellor (Lord Irvine of Lairg)We comply with the recommendation. It is important to read the relevant parts of the text of the recommendation in context and as a whole. The recommendation clearly envisages that the constitutional or legal provisions of some countries allow judges to be appointed by the government. (In England and Wales and Northern Ireland, the Lord Chancellor is responsible for appointing, or advising the Queen on the appointment of, virtually all judges. The most senior appointments are made by the Queen on the recommendation of the Prime Minister following advice provided by the Lord Chancellor.
The recommendation proposes that in such circumstances there should be guarantees to ensure that the appointment procedures are transparent and independent in practice and will not be influenced by reasons other than merit. One of the examples of such guarantees suggested is that the authority which 82WA makes the decision safeguards against undue or improper influences. That guarantee is given effect here by the fact that there is in this country no higher duty of the holder of the office of Lord Chancellor than to ensure from within government that judicial independence is respected and maintained. Futhermore, the procedures for appointing judges are transparent and subject to the scrutiny of the Commissioners for Judicial Appointments covering England and Wales and Northern Ireland.