InBrief

Message from the President - Bar Council consideration of Report on Suitability of Approaching the Attorney General for Support for the Establishment of a System for the Appointment of Queen’s Counsel

A special meeting of Bar Council was held last night to consider the recent report of the SC/QC Working Group on whether the Association should approach the Attorney General to seek support for the re-establishment of a system for the appointment of Queen’s Counsel in NSW.

At the meeting Bar Council carefully considered all of the issues raised in members' submissions on this issue and had particular regard to the comprehensive report we received from the Working Group chaired by the Hon L J Priestley QC.

Bar Council has resolved not to proceed with any approach to the Government in this regard. The Bar Council considers that there is no public interest in the Association making such an approach. Bar Council considered that the reasons advanced in favour of the reinstatement of the office of Queen’s Counsel relate to specific interests as opposed to those of the public at large.

In particular it was felt that that any system which involves the Executive Government in the process of appointment of silk would compromise the independence of the NSW Bar. It would be impossible to guarantee that such a system could be established without the prospect of intervention by the Government. The Crown would inevitably retain a discretion to accept appointments or add to them.

The strength of our system of the appointment of Senior Counsel in NSW is the exclusion of the Executive Government from the process. It is a system of peer recognition whereby the bar itself chooses its own eminent practitioners.

The NSW Bar is a strong, independent institution. The office of Senior Counsel has existed in this State since 1993 and is well recognised. Any approach by the Association to the Government seeking their involvement in a system for the appointment of Queens Counsel, without demonstrating the requisite element of public interest, would invite rejection. The standing of the NSW Bar would be diminished in the eyes of the parliament and the public.

Our independence enables the Association to pursue objections to government initiatives which impact adversely on the justice system without fear or favour, regardless of which party is in power.

For these reasons the Bar Council considers that an approach to Government to reinstate the office of Queen’s Counsel cannot be justified.

Phillip Boulten SC

President