The Gazette 1972

administration. Useful results continue to be achieved in other fields, for example, those of work survey and organisation and methods. The growth in recent years in training to promote efficiency will be accelerated. As I informed Deputies last year, programme budget- ing is being introduced on a phased basis in Govern- ment Departments. There are now eight Departments engaged actively in developing the system and it is the intention that it will be operational in all Departments by 1976.

Aireacht and a number of executive agencies. I hope to deal with this subject in greater detail when introduc- ing the legislation to establish the new Department. The efforts to achieve greater efficiency and to re- duce costs in all branches and at all levels of the public sector are being intensified. Plans are well advanced for the introduction of more computers. Operations research is being developed and strengthened. A special unit in my Department has been set up to promote the application of management by objectives in civil service

BOOK REVIEW

The Judiciary —A Report of a Sub-Committee of "Justice"; London, Stevens, 1972; 8vo; vii plus 82 pp.; £0.90. It will be recalled that in the November 1971 Gazette at page 162 an article was extracted from the Sunday Times entitled "Let Judges be Judged". It was already then stated that the proposed report on the Judiciary would be likely to produce controversy; this has been solved by Justice merely publishing the report of its sub-committee on the subject, and not claiming respon- sibility for the contents. Insofar as the views of the sub- committee under the chairmanship of Mr. Peter Web- ster, Q.C., have already been stated in the previous article, it is not proposed to repeat them. The following additional conclusions were reached : (1) The Judge administers the law and is in general held in high esteem by the public and the lawyers. (2) It seems that normally in England there are not more than 25 Chancery and 145 Common Law Queen's Counsel from whom to choose High Judges. The sub- committee accepts that solicitors should be appointed Judges. The arguments in favour are (a) that the Bar is numerically inadequate, (b) that, in England out of 24,000 solicitors, 15,000 would have more than ten years experience, and thus the choice would be wide; and (c) (hat eligibility would enhance the dignity of the profes- sion. The arguments against are (a) that solicitors have no experience in advocacy (which is doubted); (b) that appointment of solicitors would tend towards fusion (which is rejected), and (c) that the Bar would be less attractive (which is rejected for lawyers of independent means). (3) The sub-committee recommends that academic lawyers should be eligible for appointment to the Court °f Appeal (Supreme Court). (4) It is recommended that the Lord Chancellor him- self should retain control of judicial appointments, but (hat he should be assisted by an advisory Appointments Committee representing the Law Society, the Bar, the Judiciary, academic lawyers and trained lay members.

(5) Judging is undoubtedly an exacting task, requiring intelligence, detachment and freedom from unnecessary pressures. It would therefore be wise to reduce robes and ritual to a minimum. To counteract the remoteness and isolation of the Judge in his lodgings, it is suggested that time spent away from home should be substan- tially reduced. Furthermore different types of varied work should be allotted to Judges from time to time. (6) It is recommended that, after appointment, a Judge should receive training for a minimum period of three months, during which he could visit any Courts or penal institutions and consult any experts he wished. Furthermore a Judicial Staff College on the lines of the New York University Institute of Judicial Adminis- tration should be established. It is also said that a com- plaints machinery would be useful inasmuch as it might lead to improvements in standards of judicial beha- viour, and might provide a remedy in specific cases of injustice; this should consist of a representative tribunal presided over by a Judge. (7) It is proposed that a Judge of the Superior Courts may be removed from office only for physical or mental incapacity to perform the functions of his office or for misconduct. If necessary the Lord Chancellor will appoint a Judicial Commission of not less than three Judges to investigate the matter. The Judicial Com- mission, having considered the matter, may refer it to the Privy Council, who shall advise whether a Judge should be removed. A Judge may be suspended from his functions while the case is being considered by the Privy Council. A Judge of any other Court who is removed by the Lord Chancellor should be entitled to appeal to the Privy Council. (8) It is recommended that the retiring age for trial Judges in all Courts should be 70 years, while that for the Court of Appeal and the House of Lords should be 75 years. It will be seen that the report of the sub-committee contains somewhat controversial matter, but gbod reas- ons are given for the conclusions reached. Altogether a most interesting and readable document. C.G.D.

143