Wales Bill

The disqualification list includes judges in subsection (2)(a). We understand perfectly well from the provisions in the Constitutional Reform Act that members of the Supreme Court, for example, cannot speak, sit or vote in the House. That is well understood. However, there is something much more fundamental about this. It is not simply the practicality of holding a judicial office and serving as a Member of the Assembly, which has all the important work that the noble Baroness, Lady Gale, reminded us about a few moments ago. It is also the issue of principle. I cannot imagine any member of the senior judiciary engaging in party politics at all, because of the great risk of compromising his or her independence. I know of at least one case in which a judge in Scotland who was a Member of this House and was involved in presenting legislation was regarded as disqualified from sitting on a case that involved that legislation because of his previous involvement in debates in this House on related issues. Judges in the senior judiciary tread into great danger if they engage in politics at all and even more so if they become a Member of an Assembly. I cannot imagine any of them wanting to compromise their judicial position by doing so. I am open to correction about whether this is really necessary, but I express great surprise at seeing members of the senior judiciary in this list.