Clause 8 - Appeals etc.
Gender Recognition Bill [Lords]
Public Bill Committees, 11 March 2004, 3:30 pm

Mr Tim Boswell (Daventry, Conservative)
I have two points to make—one general, the other narrow.
My general point is to check my understanding with the Minister. The clause provides for appeals on a point of law against the outcome of the gender recognition panel's deliberations, and that is at least an advance on the Government's thinking in relation to immigration procedures, but we must not go into that territory this afternoon. The basic point is that if there is an argument about the facts or determination on the facts, there would be no appeal and the applicant would have to reapply and perhaps provide supplementary evidence to the panel. I just want confirmation of that.
My second point, which is very small—the Minister will defer to my lack of formal legal knowledge—concerns the reference in clause 8(1) to
''the High Court or Court of Session''.
The Court of Session is a Scottish court and we are legislating for the United Kingdom. The High Court, typically, covers England and Wales. As we are legislating also for Northern Ireland, can the Minister confirm that the reference in the clause to ''the High Court'' embraces Northern Ireland and that we are covering the whole of the United Kingdom as he and I intend?

Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
In response to the last question, yes, that is the intention; in response to the first, yes, the applicant will be able to reapply.
Question put and agreed to.
Clause 8 ordered to stand part of the Bill.
