Local Democracy, Economic Development and Construction Bill [HL]

I have some sympathy with what the noble Lord, Lord Tope, said. I recall that in the past there has been too much connection between magistrates’ courts, the appointment of lay justices and party politics in local government. That was not just about the appointment of someone rather than another person because of his political label, but sometimes there was the rather more subtle point that because there are already too many Conservatives, we had better have some Labour people appointed as magistrates. It was often said that that kind of balance was necessary, whereas to my mind I am not sure why membership or activity in a political party should necessarily have anything to do with the qualities of someone who should be a magistrate. Points which are relevant here were also mentioned by the noble Baroness, Lady Warsi, on the previous amendment. The noble Lord, Lord Tope, takes the same view—that there are a number of bodies, in particular the Ministry of Justice, seeking magistrates. It is their job and the job of local magistrates’ organisations, rather than that of local government. I do not really mind the addition of local government having this responsibility if it brings into the picture a number of people, especially from more diverse backgrounds, who might not otherwise be brought into the picture of lay magistrates. If that is so, and if that is part of the Government’s answer to this amendment, I have one question for the Ministers: if it is desirable that local authorities should have this Clause 4 duty in relation to lay justices, why do we omit administrative tribunals? Good heavens; there are employment tribunals and national insurance tribunals. Tribunals were reorganised by the Government only a couple of years ago in statute. There is a great need—for diversity as well as for the quality and merits point—to have people to serve on such bodies. No doubt the Ministry of Justice takes a major role in that. If you are going to say that one bit of the judiciary, lay magistrates, should be an obligation of principal local authorities to promote, what about tribunals?