Debate contribution: Lay Magistrates (Eligibility) Order (Northern Ireland) 2024

Debate contribution by Mrs Naomi Long on 29 April 2024.

MLA

Mrs Naomi Long

Party at the time

Alliance Party

Date

29 April 2024

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

Lay Magistrates (Eligibility) Order (Northern Ireland) 2024

Assembly identifier

Official Report component 4485939

Read the official Assembly record

Text

I beg to move

Lay magistrates are members of the devolved judiciary whose role was introduced into the justice system in Northern Ireland in April 2005 following the recommendations of the criminal justice review, which published its report in 2000. Lay magistrates carry out important roles in the justice system. In the Youth Court, they sit as panel members tasked with determining the outcome of criminal proceedings brought against a child aged up to 17. They also sit as panel members in the family proceedings courts, determining matters relating to residence and contact arrangements for children, as well as considering applications from public authorities in relation to care proceedings. Lay magistrates are also empowered by various pieces of legislation to sign documents such as summonses and warrants. Lay magistrates are appointed by the Northern Ireland Judicial Appointments Commission, whilst the Department of Justice has responsibility for the terms and conditions of appointment of these judicial officeholders and makes decisions in relation to their remuneration. Until recently, the age of retirement for lay magistrates was 70, which was provided for in section 4(11) of the Justice Act (Northern Ireland) 2015. Section 26(1) of the Judicial Pensions and Retirement Act 1993 set the retirement age for other members of the judiciary at 70, but there was a facility under section 26(5) of the 1993 Act for the Minister of Justice to extend any individual's appointment for a year at a time up to a maximum age of 75, if it was deemed to be in the public interest to do so. However, that provision did not extend to lay magistrates, and, therefore, unlike for other members of the judiciary, there was no facility to extend their appointment beyond the age of 70. The Public Service Pensions and Judicial Offices Act 2022, which was subject to a legislative consent motion on 1 November 2021, changed the retirement age for all members of the judiciary in Northern Ireland, England and Wales from 70 to 75 and, in doing so, removed the facility under the 1993 Act to extend appointments, as it was no longer required. The change in retirement age applied to lay magistrates too. Some lay magistrates, however, had recently been obliged to retire at the age of 70 with no facility to extend their appointment, whilst their colleagues benefited from the change in the retirement age that was effected by the 2022 Act. There seemed to be an inherent unfairness in the fact that some individuals would be prevented from continuing in their important roles on the mere basis of the date on which their birthday fell. To address that unfairness, the 2022 Act contains provision to reappoint retired lay magistrates who were required to retire at the age of 70 but had not yet reached the age of 75. The criteria for reappointment were to be set in secondary legislation that would be subject to the draft affirmative Assembly procedure. Given that it was not possible to progress that secondary legislation during the absence of the Assembly, I am pleased to be able to bring the draft order before the Assembly today. The criteria for the eligibility for appointment of lay magistrates are determined by the provisions of the Lay Magistrates (Eligibility) (Northern Ireland) Order 2004. The 2004 order contains a list of roles that will render an individual ineligible to carry out the role of a lay magistrate in Northern Ireland. In setting the eligibility for the reappointment of retired lay magistrates under the 2022 Act, the Department carried out a consultation with interested stakeholders, including lay magistrates, from 6 June to 1 August 2022. The consultation response was small, with three individuals responding. However, their responses were supportive of the approach proposed by the Department. An analysis of the responses with proposed next steps was published on the Department's website on 20 September 2022. The consultation responses indicated that a number of eligibility criteria for the reappointment of lay magistrates should be adopted, and they are reflected in the draft order. The criteria are as follows: individuals who are reappointed must still meet the criteria provided for by the Lay Magistrates (Eligibility) (Northern Ireland) Order 2004; any person seeking reappointment must not have been removed from their role as a result of disciplinary proceedings or have been subject to any pending disciplinary proceedings at the date of their retirement; the individual must have been aged between 70 and 75 on the date that the 2022 Act received Royal Assent, which is 10 March 2022, in order to be eligible to apply for reappointment; and any people seeking reappointment must be prepared to undergo any training or continuing professional development that may be identified as being necessary or desirable for their continued role as a lay magistrate. The consultation response summary contained an additional reappointment criterion that would have required an individual seeking reappointment to be prepared to offer a reasonable period of service before they reached the age of 75 and to retire under the provisions of the 2022 Act. However, given the effect of the two-year absence of the Assembly, I have decided that that criterion should not be adopted. In addition to the criteria contained in the draft order, practical steps will be taken to ensure that the individuals who are reappointed will be subject to appropriate disclosure and barring checks if those have lapsed. It should also be noted that the reappointment of individuals under the 2022 Act will not have an effect on the complement or maximum number of lay magistrates that has been determined by the Northern Ireland Judicial Appointments Commission and the Department. I commend the draft Lay Magistrates (Eligibility) Order (Northern Ireland) to the Assembly.

953 words. Text as published by the Northern Ireland Assembly.

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