Lord Chancellor must give up his role in choosing judges and QCs, says Bar report

APPOINTMENTS: 'constitutionally unacceptable' for government figure to select judges

High Court judges and Queen's Counsel should be chosen by independent bodies, not the Lord Chancellor, a draft report released this week by the Bar Council has concluded.

A working party, headed by former Lord Justice of Appeal Sir Iain Glidewell, said responsibility for the selection and appointment of High Court judges should be transferred to a newly created independent High Court appointments board.

Future appointments should be made only following application by candidates - rather than by the traditional 'tap on the shoulder' - the report said.

In the event that Lord Irvine ignores the report's conclusions and continues to make the appointments, he should only do so after receiving reports and advice from a shortlisting and interviewing panel, it continued.

The report said: 'Put simply, it has become constitutionally unacceptable in our view that the judges should be appointed by the government of the day.'

The report suggested that - in place of so-called 'secret soundings' - silks should be appointed on the recommendation of a small panel, chaired by a recently retired Law Lord or Lord Justice of Appeal, and with a broad membership.

Bar Council chairman Matthias Kelly QC said: 'In an age when politicians want to lean on judges to do their bidding on a daily basis, the need for a clearer separation of the powers of the executive from those of the judiciary is more pressing than ever...

A clearly understood division between the judiciary and the politicians is both necessary and desirable.'

A Law Society spokesman said: 'The Law Society is in favour of all judicial appointments being made by a wholly independent judicial appointments commission.

The Glidewell consultation document contains many worthwhile recommendations aimed at ensuring that candidates of merit from non-traditional backgrounds are encouraged to apply for appointment.' Former Law Society President Mark Sheldon sat on the working party.

A Lord Chancellor's department spokesman said: 'Lord Justice Glidewell's draft proposals are currently under consultation and his final report is not due to be presented to the Bar Council until Easter.

It would be inappropriate for us to comment on a draft report.'

Jeremy Fleming