§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they intend to introduce an amendment to the Inquiries Bill to give effect to the recommendation made by the Lord Chief Justice and the Judges' Council that the appointment of a judge to chair a public inquiry should be made with the agreement of the Lord Chief Justice. [HL497]
§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland)The Inquiries Bill contains an obligation to consult the Lord Chief Justice (or appropriate colleague) before the appointment of any serving judge. This consultation naturally carries with it a requirement to take account of any issues that are raised. The Government believe that the Lord Chief Justice (or appropriate colleague) must be consulted before the appointment of a judge but that he should not hold a right of veto. In order to remain truly independent a judge must be free to decide whether to accept an appointment for his or her self.