Clause 21 - Scope of emergency regulations
Civil Contingencies Bill
10:45 am
Mr Oliver Heald (North East Hertfordshire, Conservative)
I should like to join in the debate. The Human Rights Act 1998 has had quite an impact on current thinking about how the tribunals and courts may be composed. I would be interested to hear the Under-Secretary's comments on that. For example, I understand that for a long time it was thought that courts martial did not have to have any legal content. It is now thought that they require either a judge advocate or some legally qualified input to be considered a proper legal tribunal. I understand that the Government are introducing measures to that effect. Similarly, there has been a lot of talk recently in legal circles about the jurisdiction of lay magistrates and how they may continue in a climate in which the Human Rights Act requires due process and fair trials. There is certainly authority in Europe to the effect that a proper legally qualified tribunal is an important feature of that system.
Will it be necessary for tribunals under clause 21 to have at least a legally qualified chairman or clerk, who can give legal input to their proceedings? I share the concern of the hon. Member for Orkney and Shetland that we should not give carte blanche for courts to be set up without proper process. It would also be helpful to know the context in which the tribunals and courts
would operate. The days when non-qualified persons acted as judges without any real knowledge of due process are long gone.