Part 2Arrangements to modify the office of Lord Chancellor

Continued judicial independence

4Guarantee of continued judicial independence: Northern Ireland

1

For section 1 of the Justice (Northern Ireland) Act 2002 (c. 26) (guarantee of continued judicial independence) substitute—

1Guarantee of continued judicial independence

1

The following persons must uphold the continued independence of the judiciary—

a

the First Minister,

b

the deputy First Minister,

c

Northern Ireland Ministers, and

d

all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

2

The following particular duty is imposed for the purpose of upholding that independence.

3

The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

4

In this section “the judiciary” includes the judiciary of any of the following—

a

the Supreme Court;

b

any other court established under the law of any part of the United Kingdom;

c

any international court.

5

In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

a

an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or

b

a resolution of the Security Council or General Assembly of the United Nations.

2

In section 91(2) of that Act (extent: provisions not restricted to Northern Ireland), before paragraph (a) insert—

za

section 1,