Government faces 'tough choices' over judges, MPs warn

The government will face a series of finely balanced decisions over the planned independent judicial appointments commission, MPs warned this week after examining the Scottish experience.

A report from the select committee on the Lord Chancellor's Department said independence and accountability, transparency and openness, and whether the commission should consist of a majority of lawyers were all key issues.

The Department for Constitutional Affairs will issue a consultation paper on the commission next week.

The committee's goal was to highlight the questions raised by Scotland's judicial appointments board, formed last year, rather than to offer solutions at this stage.

The report said that while independence, and the perception of independence, were vital, 'the need for a degree of accountability for the operation of the system as a whole was also recognised'.

Striking the balance would be critical, it said.

'It was generally agreed by those to whom we spoke that it was not possible to move the hand of the executive entirely from the judicial appointments system.'

The report added that openness and transparency were also crucial.

The Scottish board is unusual among similar bodies internationally in not having a majority of legal members - there are an equal number of lay members.

This was thought to have worked well.

An argument against a majority of legal members is that such a commission 'might produce a self-perpetuating judicial oligarchy, hindering attempts to make the judiciary more reflective of society as a whole'.

On the other hand, a majority of lay members may lead to a commission dominated by 'political placemen or women appointed by the minister to ensure the appointment in turn of judges of their preferred political persuasion or philosophical tradition'.

Committee chairman Alan Beith MP said: 'The Scottish judicial appointments board seems to have settled down well, and to have allayed the fears of those who had reservations about its introduction.'