Irvine 'should not choose judges'

Lord Irvine of Lairg should be stripped of his powers to appoint High Court judges and Queen's Counsel, an inquiry commissioned by the Bar Council has concluded.

The report represents a serious blow to the Lord Chancellor, who until now has been able to rely on the support of the barristers' profession in his refusal to bow to calls for the reform of his office or the dilution of his powers of patronage. The Bar's report concluded that it was "politically unacceptable" for a member of the Government to continue to appoint high-ranking judges. The same reason is given for ending Lord Irvine's right to promote about 100 barristers to the rank of Queen's Counsel (QC) each year.

A High Court judge was attacked by David Blunkett, the Home Secretary, last month for overturning government policy aimed at stopping benefits for asylum-seekers who made late claims. No 10 later issued veiled threats to bring in laws to curb the powers of the judiciary, prompting calls for the Lord Chancellor to intervene and defend the judges.

The report, produced by a working party headed by Sir Iain Glidewell, a former lord justice of appeal, said: "There is a particular need for the High Court judge to be protected by constitutional safeguards from the risk ... that his or her independence might be threatened by the executive." It added: "The High Court judge is called upon to spend a significant and increasing amount of his or her time making decisions in the name of the public, frequently adjudicating on the actions of ministers and other public bodies."

Sir Iain recommended that an independent High Court appointments board take over the Lord Chancellor's role. He also called for an end of the so-called "tap on the shoulder" system for appointing High Court judges. "We do not consider that the current processes can be seen to be wholly satisfactory for the 21st century," he said.

The report also proposed that, whilerecommendations for QC candidates should continue formally to emanate from the Lord Chancellor, officials concerned with the appointment process should report to an independent panel.