The government intends to keep the power to veto the appointment of judges when a new judicial appointments commission is formed to take over this function from the abolished feudal office of Lord Chancellor. This setback to the separation of executive and judiciary was announced on Monday by constitutional affairs secretary and legislator-for-life Falconer as he introduced a consultation paper on the judicial reform plans announced last month.
The independent commission that was expected to appoint new judges will merely make recommendations to the constitutional affairs minister. This, Mr. Falconer said, would maintain “parliamentary accountability.” The commission would put forward just one name which the minister would accept or reject. The appointments commission would be composed of five judges, five other lawyers and five individuals from outside the legal system.
Mr. Falconer also announced his intention that the new supreme court should initially consist of the twelve existing law lords. They would lose the right to sit as legislators. New judges would not be made legislators-for-life, nor hold the feudal rank of “Lord.”
A separate consultation paper released at the same time proposes the abolition of Queen’s Counsel, the senior grade of barrister. These lawyers are currently appointed by the government and are able to charge higher fees because of this state approval. There are 1,145 QCs.