Appeal No.	 EAT/578/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On 22 July 1998

Before
HIS HONOUR JUDGE PETER CLARK
MR R JACKSON
MRS R A VICKERS

MRS C ARTHUR	APPELLANT

THE ATTORNEY-GENERAL & OTHERS	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING

Revised

	APPEARANCES

For the Appellant	MR N GIFFEN
(of Counsel)
Mary Ward Legal Centre
26-27 Boswell Street
London WC1N 3JZ	

	JUDGE PETER CLARK:     The issue in this appeal is whether the Industrial Tribunal has jurisdiction to entertain a complaint of unlawful racial discrimination brought by Mrs Arthur arising out of an interview which she attended before the Middlesex Area Advisory Committee on Justices of the Peace, held to determine whether she be recommended to the Lord Chancellor for appointment to the office of Justice of the Peace and a subsequent notification that she had not been accepted.  That requires a determination of the meaning and extent of section 12 of the Race Relations Act 1976.

	Since the point is, so far as we are aware, a novel one and of some general importance and the Treasury Solicitor accepts that the appeal raises an arguable point of law, we think that the appeal should proceed to a full hearing.

	The question of who is the proper Respondent raised in the Treasury Solicitor’s letter to the Registrar dated 28 May 1998, may be dealt with at that hearing.  We note also the Respondent’s intention to raise a cross-appeal as to the application of Section 75 of the Act.

	In these circumstances, bearing in mind the submission of Mr Giffen, we think it prudent to list this case for one and a half days; Category B.  There will be exchange of skeleton arguments between the parties not less than 14 days before the date fixed for the hearing of the full appeal.  There is no requirement for Chairman’s Notes of Evidence.  There are no further directions at this stage.