Judicial appointments under scrutiny

The Secretary of State for Constitutional Affairs and Lord Chancellor, Lord Falconer, has received a report that lists more than 100 ways in which the procedure for the appointment of judges and Queen’s Counsel in Northern Ireland could be improved.

The report is careful to stress that while suggesting that the present appointments processes can and should be improved in a series of changes, no criticism of those who hold these appointments at present is intended.

The theme of the report is that Northern Ireland should continue to sustain a judiciary that is distinguished, locally and internationally, by making appointments based on merit, defined on the basis of demanding criteria and competences, and where judges are aware of and reflect the diversity of this community: in short, by using judicial appointments procedures that are second to none.

The recommendations range from: a call for a formal application and selection process for every post up to that of High Court Judge; monitoring of community background, gender and disability status of applicants and the existing judiciary; a review of eligibility requirements; a register of external interests; to mandatory training for all newly appointed judges.

The report was drawn up by John Simpson who, on his appointment as the Commissioner for Judicial Appointments for Northern Ireland in early 2002, was tasked by the then Lord Chancellor to prepare a full audit of the judicial and Queen’s Counsel appointment systems currently in use and to make recommendations for improvements.

He said: “People appointed as judges hold exceptionally prominent and influential jobs. In the changing society that is Northern Ireland a judiciary that independently and impartially continues to uphold the law is a key element in building a more stable community.

“An enhanced professional approach to the appointment of judges in Northern Ireland has been suggested. Judicial appointments are, even now, handled professionally and with care. They could, however, be improved by greater transparency in the decision-making process, more carefully structured selection procedures and helped by encouraging applications from a wider range of people.”

The Audit Report has been forwarded to Lord Falconer. The Secretary of State has responded that many of the recommendations of an administrative nature will be accepted and a timetable for implementation is to be discussed. The Minister will be meeting John Simpson to discuss the other recommendations.

(MB)