Commissioner for Judicial Appointments for Northern Ireland

 

 

Welcome to the website of the Office of the Commissioner for Judicial Appointments for Northern Ireland. It provides information about the work of the Office for information purposes only.

The Office of the Commissioner closed on 22 September 2006 with the establishing of the Office of the Northern Ireland Judicial Appointments Ombudsman. To view the Northern Ireland Judicial Appointments Ombudsman website click here.

The Commissioner was independent of the judicial system and government and was appointed in December 2001 to:

  • Review the judicial and Queen's Counsel appointment procedures; and

  • Investigate complaints about the operation of those procedures.
The Commissioner provided annual reports to the Lord Chancellor, covering the work of the previous year.

The Commissioner had no role in making appointments to the judiciary or as Queen's Counsel.



The Commissioner?
Why was he appointed?
What is his role?
Judicial Appointments Complaints Procedure
Audit Report
Annual Reports
Audits
Research Report

Useful Links


The Commissioner?

John Simpson OBE, was the Commissioner for Judicial Appointments for Northern Ireland from 12 December 2001 to 22 September 2006 when a Northern Ireland Judicial Appointments Ombudsman was appointed.


Why was he appointed?

The Agreement reached in Belfast on Good Friday 1998 provided for 'a wide-ranging review of criminal justice (other than policing and emergency legislation)'. As a result a Review Group was set up to examine the existing criminal justice system and to bring forward proposals for future criminal justice arrangements. The Review Group's terms of reference included, amongst others:

"The arrangements for making appointments to the judiciary and magistracy, and safeguards for protecting their independence."

The Report of the Review of the Criminal Justice System in Northern Ireland was published in March 2000. The Review Group recommended the appointment of a Commissioner to oversee and monitor the fairness of all aspects of the existing appointments system until such time as it is possible to establish a Judicial Appointments Commission. This overseeing role was largely based on the recommendations of Sir Leonard Peach in his report on the Independent Scrutiny of the Appointment Processes of Judges and Queen's Counsel in England & Wales but tailored to meet the specific circumstances in Northern Ireland. The Government published an Implementation Plan on 12 November 2001 detailing its response to each recommendation.


What was his role?

The Lord Chancellor asked the Commissioner to:

  • conduct an ongoing audit of the existing processes and procedures for making and renewing judicial and tribunal appointments;

  • handle complaints resulting from the application of those processes and procedures in individual recruitment schemes;

  • monitor the programme of work set out by the Judicial Appointments Unit of the Northern Ireland Court Service for implementing those elements of the Criminal Justice Review Report's recommendations on appointments procedure and outreach that do not require legislative change;

  • monitor existing processes and procedures for appointing Queen's Counsel and to handle complaints resulting from the application of those processes and procedures;

  • consider comments about the judicial and Queen's Counsel appointment processes, received from individuals, MPs, representative bodies and other organisations;

  • investigate any matter in the appointment process which the Lord Chancellor wishes to have examined;

  • recommend improvements and changes on the above procedures to the Lord Chancellor; and

  • publish an annual report

 

Judicial Appointments Complaints Procedure

The Commissioner published an information leaflet on the Complaints Procedure for Judicial Appointments in March 2003. This leaflet which summarises the Complaints Procedure can be downloaded by clicking here.

The Office of the Commissioner for Judicial Appointments for Northern Ireland closed on 22 September 2006. Responsibility for investigation of complaints has passed to the Northern Ireland Judicial Appointments Ombudsman.

The Ombudsman's office is at:
6th Floor
Bedford House
Bedford Street
Belfast BT2 7DS

Telephone 028 9072 8930


Audit Report

The Commissioner published an Audit Report on judicial appointments and appointments to Queen's Counsel on Monday 18 August 2003.

While the Audit Report provides detailed information gathered during the Commissioner's first year in office, the audit review of actual appointment schemes covers an 18 month period up to December 2002. A full list of the one hundred plus recommendations can be found in the Executive Summary.

The full Audit Report can be downloaded by clicking here.


Annual Reports

First Annual Report - 2002 / 2003

The Commissioner published his First Annual Report (2002/2003) on Thursday 2 October 2003.

The Report recounts and reviews steps taken during the Commissioner's year in office and also focuses sharply on the likely nature of future changes and developments in the judicial system.

The full Annual Report for 2002/2003 can be downloaded by clicking here.


Second Annual Report
- 2003 / 2004

The Commissioner published his second Annual Report (2003/2004) on Monday 4 October 2004.

The Report focused on the development of the key issues identified in the Audit Report 2003. Many of the recommendations in that Report have been accepted and implemented. However, a large number have been the subject of further discussion to take account of the response from the NICtS and this dialogue is outlined in this Annual Report.

The full Annual Report for 2003/2004 can be downloaded by clicking here.


Third Annual Report - 2004 / 2005

The Commissioner published his third Annual Report (2004/2005) on Monday 17 October 2005.
 
The Report outlines the Commissioner's audit work and other activities for the year 2004/2005. It also outlines  outstanding recommendations and issues for further debate which will now be taken forward by the newly appointed Judicial Appointments Commission.

The full Annual Report for 2004/2005 can be downloaded by clicking here.

 


Fourth Annual Report - 2005 / 2006

The Commissioner published his fourth Annual Report (2005/2006) on Wednesday 21 June 2006.
 
The report outlines the Commissioner's remaining audit work,* complaints investigated and other activities for the year 2005/2006. It also includes a "Five Year Perspective", in which the Commissioner summarises the progress made in the assessment processes for making judicial appointment in that time and outlines some of the challenges that now fall to the Northern Ireland Judicial Appointments Commission to further enhance those processes.

* The Judicial Appointments (Amendment) Order in Council 2005 (7 June 2005), revoked the Commissioner's audit function following the establishment of the Northern Ireland Judicial Appointments Commission on 15 June 2005.


The full Annual Report for 2005/2006 can be downloaded by clicking here.




Audits

Since publication of the Audit Report in 2003, the following schemes have been individually audited.  Reports setting out the Commissioner’s observations of each of these competitions have been sent to the Lord Chancellor.

·        County Court Judge 2002/03

·        Resident Magistrate 2002/03

·        High Court Judge 2003

·        Lay Members of the Mental Health Review Tribunal 2003

·        Legal Members of the Mental Health Review Tribunal 2003

·        Part-time Chairman of the Industrial Tribunals and Fair Employment Tribunals 2003/04

 

·        High Court Judge 2004 (February)

 

·        High Court Master (Family Division) 2004

 

·        Lay Magistrates 2003/04

     ·        County Court Judge 2004

  •   Resident Magistrate 2004/05

  •   Part-Time Resident Magistrate 2004/05
  •   President of the Industrial Tribunals and Fair Employment Tribunals 2004/05

The findings confirmed that some procedures have already been adapted to reflect the recommendations within the Audit Report however there is room for further development.

The Commissioner also has an ongoing role to monitor progress on the recommendations in the Audit Report.


Research Report

The Commissioner published a Research Report entitled ‘Applications by Women for Silk and Judicial Office in Northern Ireland on Wednesday 22 June 2005.

In the Commissioner’s Audit Report, published in 2003,  there was a recommendation that research should be commissioned on the ‘factors which affect the decisions of barristers and solicitors, and in particular women, on whether to apply for judicial appointments’ [paragraph 5.5.16].  A similar recommendation to research why more women were not applying for Silk was also included [paragraph 9.10.9].

 

In May 2004 Dermot Feenan, from the School of Law at the University of Ulster , was commissioned to initiate this work.  He has conducted a broad-ranging review including a number of first hand assessments of the experience of lawyers working in different parts of the legal system.  His Report outlines his findings and recommendations.

 

The full Research Report can be downloaded by clicking here.

Useful links

The Northern Ireland Judicial Appointments Ombudsman
 

The Northern Ireland Judicial Appointments Commission

The Judicial Studies Board for Northern Ireland

The Commission for Judicial Appointments for England and Wales

 

The Judicial Appointments Board for Scotland

 

Ministry of Justice