Clause 10 - Unification of appeal system
Asylum and Immigration (Treatment of Claimants, etc.) Bill
11:15 am
Mr Mark Oaten (Winchester, Liberal Democrat)
I realise that I am not going to make much progress before we rise, but we have reached the heart of a subject that we have been skirting around all morning; the critical issue of breaking the principle of being able to refer cases to a higher court. Before we break for lunch and other meetings, I shall leave the Committee with this thought from the Law Society, which sums up our concerns. It states that
''The general principle of English law is that the High Court exercises a supervisory jurisdiction through judicial review over administrative decisions and the work of tribunals in order to ensure there is a remedy where those bodies make errors of law or reach decisions in way that is grossly unfair.''
It is important to bear that in mind as we consider subsection (7), because it hits at the heart of a long-established principle. The Minister said earlier that this is the first time that the principle has been broken.
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half-past Two o'clock.