HC Deb 19 November 2003 vol 413 c1063W
Bob Russell

To ask the Parliamentary Secretary, Department for Constitutional Affairs what action the Lord Chancellor will take in respect of declarations by justices of the peace of their intention not to uphold the law; and if he will make a statement. [137853]

Mr. Leslie

On appointment, magistrates take the judicial oath and sign a written undertaking to administer justice according to the law and to resign from the Commission of the Peace if they are unable to perform their duties. If it appears to the Lord Chancellor, having considered advice from the local Advisory Committee, that a magistrate has failed to carry out his or her duties, he has powers under Section 5 of the Justices of the Peace Act 1997 to counsel, caution, admonish, suspend or remove that person from office.