As the Bill was reaching its final stages, peers voted to amend it to put the dismissal of a Scottish judge in the hands of a tribunal rather than politicians.

Voting during the report stage was 144 to 108, a majority of 36.

A Scottish Office spokesman said: "The government believes the Bill, as drafted, contains sufficient safeguards to protect the independence of the judiciary.

"It is the government's view that it is better and more flexible to leave it to the Scottish Parliament to build on this framework.

"However, the government will reflect on its position in the light of the arguments put forward."

Judges' independence

Introducing his proposal, Lord McCluskey, a Senator of the College of Justice in Scotland and former Solicitor-General for Scotland, said: "My amendments are concerned to try to continue to secure the independence of the judiciary, especially independence from the new executive, including the first minister."

Lord Advocate Lord Hardie, for the government, said it was "unimaginable" that the first minister would seek to remove a judge without taking advice.

But Lord McCluskey dismissed this, saying: "These views fly in the face of all experience."

He said there had been recent and profoundly disturbing attempts in the US, Canada and Germany to interfere with judges' independence.

The amendment was backed by Lord Hope of Craighead, former Lord Justice General of Scotland, Lord of Appeal Lord Clyde and Tory former Lord Advocates Lord Mackay of Drumadoon and Lord Fraser of Carmyllie.

Former Law Lord Lord Jauncey of Tullichettle said: "This is far too important to be left to the whims of future Scottish politicians."

A Scottish Office spokesman said afterwards that the government would "reflect on its position in the light of the arguments put forward".