XN000022-1988-06-22 — Page 24

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WEDNESDAY, JUNE 22, 1988

"AS WITH THE PRESENT

APPOINTMENTS ARE MADE IN THEIR

JUDICIAL SERVICE COMMISSION, THESE INDIVIDUAL CAPACITIES AS PRACTISING

MEMBERS OF THE LEGAL PROFESSION, AND NOT AS REPRESENTATIVES OF THEIR PROFESSIONAL BODIES, HE SAID.

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ANOTHER POINT THE TWO

LEGAL BODIES RAISED WAS WHETHER THE PRESENT REQUIREMENT FOR ALL RECOMMENDATIONS MADE BY THE JUDICIAL SERVICE COMMISSION TO BE UNANIMOUS SHOULD BE PRESERVED.

"THIS ARRANGEMENT CAN CLEARLY GIVE RISE TO DIFFICULTIES AND ΤΟ A THEORETICAL SITUATION, WHICH I HASTEN TO ADD HAS NOT HAPPENED IN PRACTICE, IN WHICH A SINGLE MEMBER COULD EFFECTIVELY VETO A DECISION OF THE REMAINDER," SIR DAVID REMARKED.

THE BILL THEREFORE PROPOSED THAT IN FUTURE DECISIONS SHOULD BE TAKEN BY A SUBSTANTIAL MAJORITY, WHICH WOULD VARY DEPENDING ON THE NUMBER OF PEOPLE PRESENT.

SIR DAVID SAID THESE ARRANGEMENTS WOULD PROVIDE A MORE SATISFACTORY BASIS FOR DECISION-TAKING BY THE COMMISSION.

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'FINALLY, THE TWO LEARNED BODIES HAVE ASKED WHETHER THE PRESENT PROCEDURE FOR SCREENING AND INTERVIEWING CANDIDATES FOR JUDICIAL APPOINTMENTS SHOULD BE ALTERED" THE CHIFF SECRETARY CONTINUED.

"THIS IS AN ADMINISTRATIVE MATTER WHICH IS NOT DIRECTLY RELEVANT TO THE BILL AND SHOULD, I SUGGEST, BE FOR THE JUDICIAL SERVICE COMMISSION ITSELF TO ADVISE UPON.

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THE JUDICIAL SERVICE COMMISSION (AMENDMENT) BILL 1988 PROPOSED TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SIX TO NINE.

"AT PRESENT, THE JUDICIAL SERVICE COMMISSION IS COMPOSED OF TWO MEMBERS OF THE JUDICIARY, INCLUDING THE CHIEF JUSTICE AS CHAIRMAN; THREE MEMBERS OF THE LEGAL PROFESSION, INCLUDING THE ATTORNEY GENERAL; AND ONE LAY MEMBER, THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION, SIR DAVID SAID.

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"IT IS NOW PROPOSED TO EXPAND THE MEMBERSHIP OF THE COMMISSION SO THAT IT IS COMPOSED OF THREE MEMBERS OF THE JUDICIARY, INCLUDING THE CHIEF JUSTICE AS CHAIRMAN; THREE MEMBERS OF THE LEGAL PROFESSION, INCLUDING THE ATTORNEY GENERAL; AND THREE LAY MEMBERS INCLUDING THE CHAIRMAN OF THE PUBLIC SERVICE COMMISSION."

IN FUTURE, THE JUDICIARY, THE LEGAL PROFESSION AND LAY MEMBERS WOULD ALL BE EQUALLY REPRESENTED ON THE COMMISSION, HE SAID.

AS A CONSEQUENCE OF THE INCREASE IN MEMBERSHIP, THE BILL ALSO PROVIDED FOR AN INCREASE IN THE QUORUM FROM THE CHIEF JUSTICE PLUS TWO MEMBERS TO THE CHIEF JUSTICE PLUS FOUR MEMBERS.

ANOTHER CHANGE PROPOSED IN THE BILL WAS TO REMOVE THE EXISTING REQUIREMENT FOR COMMISSION DECISIONS TO BE UNANIMOUS .

DEBATE ON THE BILL WAS ADJOURNED.

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