Frances Gibb, Legal Editor
Win VIP tickets
Britain’s most senior judge has expressed fears that reforms to the way judges are appointed risks politicising the judiciary and threatening standards.
Lord Bingham of Cornhill, the senior law lord, also expressed concern about the length of time – up to several months – that it takes to appoint judges.
In an exclusive interview with The Times, Lord Bingham, 74, who was speaking on the reforms for the first time, said that “in many ways, the system worked extremely well before”.
Referring to the old method by which candidates were “tapped on the shoulder” and invited to apply, he said that people were usually flattered by the approach. “Most of them, although not all, accepted – and it all took place really quite quickly and people were not kept waiting for long periods.”
Lord Bingham, who has also held the posts of Lord Chief Justice and Master of the Rolls, added that he had “slightly reluctantly” become persuaded of the need for reform. He accepted, he added, that the old system “lacked transparency and was suspected of being inbred and cosy and dependent upon an old-boy network”.
But he said: “Although I don’t actually think that was true, the public perception was to that effect.” The criticisms therefore had to be answered, he said, and the system had to be brought in line with modern ideas.
Last year the Judicial Appointments Commission, an “independent body, took over responsibility for selecting judges from the Lord Chancellor and his officials. But the lengthy and bureaucractic procedures it has been obliged to follow have exposed it to criticism.
Lord Bingham said that his perception was that it was not working as well as it could. He added that there were two qualities that characterised judges under the old method.
“One, they were completely devoid of any known political leanings or affiliation of any kind whatever; and, second, they were of a very high quality, intellectually and in terms of character. And people were not put off applying.
“I am a little concerned as to whether all these qualities which were achieved under the old system will [remain].”
As for political leanings, he added that he hoped that this was not a factor in the appointment of judges. But if MPs had the opportunity to question either candidates or appointed judges after they had been selected, then politics could enter into the system, he said.
Gordon Brown’s governance reforms float the idea of either candidates or senior appointed judges being questioned by MPs.
“I simply don’t know what a parliamentary committee could ask that would not carry some political overtones. They are not going to ask them if they are fond of cats. I don’t really know what would take place, unless it was purely a social chat.”
In which case, he added, it would probably be better “if they went to the same parties”.
In the same interview Lord Bingham questions the need for a bill of rights; and says that he disagreed with controversial government proposals, which were recently dropped by Jack Straw, the Justice Secretary, to allow judges to return to practise as lawyers.
The late Lord Hailsham of St Marylebone, the former Conservative Lord Chancellor, had made clear that appointment to the bench was a “one-way street”, he said.

Sam Coates's blog about Westminster, politics and spin
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£23,093 - £56,211
The Office for National Statistics
Newport, South Wales
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
"Britainâs most senior judge has expressed fears that reforms to the way judges are appointed risks politicising the judiciary and threatening standards".
What standards, most judges are so out of touch and one has to wonder whose side they are on these days, the quicker we elect them the better.
Samantha Jones, Bucks, England
Speaking from the depths of my lay position I am inclined to agree with Lord Bingham. The judges will know who are the best lawyers, and in that context any political adherence is likely to be virtually invisible. That is to say that the lawyers concerned might well have to be interrogated to find out what are their political attitudes because they will not have been divulged by their performance in court. Furthermore, it is one of the tenets of law that you should expect to be evenly treated. How could an appointments commission be an improvement in that way on the present method of selection?
Henry Percy, London, UK
" in many ways, the system worked extremely well before.. . candidates were âtapped on the shoulderâ and invited to apply"
What planet are our judiciary on? It worked extremely well if you were male, white, upper middle class, public school and Oxbridge educated. Not well at all if you fell outside of these categories. If we have, more or less, good judges it is despite not because of this ridiculously outdated system. I agree that politics has no legitimate role to play in the appointment of judges, but nor should the old boys network. Judges are required to undertake their work in public, their appointment should be equally public and tranparent.
Clint, Staffs, UK
There is a telling omission in your report. The quotation marks around "independent" are not closed. Was this in error or deliberate?
In his ultra polite and cautious way Lord Bingham was merely expressing what most laymen take for granted. Any so called "modernisation" of an "antiquated and outmoded" practice is usually an excuse for the "modernisers" to get their hands on said practice in order to mould it to suit their purposes, which effectively means its politicisation.
We have seen this in the doctorsâ selection system and we shall see it in the selection of the judiciary. However unsatisfactory the present system, a few years of meddling by the "independent" Judicial Appointments Commission will make it seem perfect by comparison.
Fabian Olins, LONDON,
Shake-up in appointing judges ârisks standardsâ
Yes that is why they are doing it. They can't have judges pointing out that their actions are illegal. 'Safe pairs of hands' are needed in the Legislature, Executice and Judiciary otherwise we would have a democracy and then where would our masters be.
Brian Gilbert, Hampton, Middx