Northern Ireland Bill (Allocation of Time)

I have a very long speech, but the House will be delighted to learn that I do not intend to use it all. I thank the hon. Members for Tewkesbury (Mr. Robertson) and for Belfast, North (Mr. Dodds) for their support. The phrase used by the latter to describe this clause was "an advance" and, much as it grieves me, I have to disagree with my hon. Friend the Member for Belfast, South (Dr. McDonnell) on this point. In the discussions that we have had today, the issue of independence has been at the forefront of our minds in relation to other matters. Clearly, in the separation between judicial appointments and removal on the one hand and the political process on the other, there is always a delicate balance to strike. It is important that we strike it in the right place—and in this context, that we strike it in the right place for Northern Ireland. Clause 2 introduces schedules 2 to 6—in other words, most of the content of the Bill—and makes provision in relation to judicial appointments and removals. In broad terms, the Bill provides that responsibility post-devolution for most judicial appointments will rest with the Northern Ireland Judicial Appointments Commission and that the role for the First Minister and Deputy First Minister, as originally envisaged under the Justice (Northern Ireland) Act 2002, would fall instead to the commission. Let me give an example. New section 12 of the Judicature (Northern Ireland) Act 1978 provides that the Lord Chief Justice and lords justices of appeal shall be appointed by Her Majesty on the recommendation of the Prime Minister. Before making a recommendation, the Prime Minister must consult the Lord Chief Justice or, if that office is vacant, the senior Lord Justice of Appeal who is available, and the Judicial Appointments Commission. The proposed procedure is broadly similar to that set out in the 2002 Act, although the requirement on the Prime Minister to consult the First Minister and Deputy First Minister and their subsequent engagement with the commission are removed. In terms of removals, the 2002 Act also anticipated that the First Minister and Deputy First Minister would be responsible for the removal of listed judicial office holders after devolution. Paragraphs 5 to 7 of schedule 3 amend sections 6 to 8 of the 2002 Act to provide that the Executive functions that the First Minister and Deputy First Minister would have exercised in relation to the removal of listed judicial office holders will instead be conferred on the Lord Chief Justice as head of the judiciary in Northern Ireland, or on the Northern Ireland judicial appointments ombudsman. The key point is that amending the arrangements for judicial appointments and removals so as to omit any Executive function for Northern Ireland Ministers has clearly been a key element of the agreement between the parties setting out the process leading to the devolution of policing and justice powers. Indeed, let me refer explicitly to the letter from the Assembly and Executive Review Committee. This was agreed:""In order to ensure the independence of the Judiciary responsibilities in relation to the appointment and removal of judicial office holders would rest with the Judicial Appointments Commission."" The schedules do exactly that. We are entirely in line with the mood from the Assembly and Executive Review Committee and with the will of the Assembly as a whole. The clear separation and the removal of the First Minister and Deputy First Minister from their advisory and appointment functions is broadly supported and is the right way forward. Question put and agreed to. Clause 2 accordingly ordered to stand part of the Bill.