UK Government To Have Hand In JAC Despite Widespread Opposition

by Robin Pilgrim, LawAndTax-News.com, London

02 February 2004

Despite the fact that the majority of respondents to a consultation on judicial independence in the United Kingdom called for the executive to have no role in the new Judicial Appointments Committee (JAC), Lord Chancellor and Secretary of State for Constitutional Affairs, Lord Falconer revealed last week that ministers will have limited powers to challenge JAC appointments.

According to the Law Gazette, many of the 270 individuals and organisations consulted, including the Law Society, Liberty, and Lords Justice Buxton and Schiemann, suggested that the government should have no influence over the appointing committee.

However, under proposals announced last week by Lord Falconer, the JAC would make an appointment recommendation, but would also provide details of the other people being considered. The Secretary of State would then be able to reject the recommendation, and ask the Committee to reconsider, giving appropriate reasons.

However, for the appointment of judges to the Court of Appeals, he would only be permitted to reject a candidate and ask the JAC to reconsider once.

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