Clause 13
Tribunals, Courts and Enforcement Bill
1:15 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
I beg to move amendment No. 52, in clause 13, page 10, line 30, at end insert—
‘(7A) The Lord President may, as respects an application under subsection (4) for which the relevant appellate court is the Court of Session, by order make provision for leave not to be granted on the application unless the Upper Tribunal or (as the case may be) the Court of Session considers—
(a) that the proposed appeal would raise some important point of principle or practice, or
(b) that there is some other compelling reason for the Court of Session to hear the appeal.’.
The amendment is on the same subject matter as the clause title and was recommended by the Law Society of Scotland, of whose opinions I believe we should take due note. It is an eminent body and it should know what it is talking about. It is concerned that clause 13 does not contain a provision relating to the Lord Presidency and the Court of Session.
In the House of Lords, Baroness Ashton kindly said that she would consider the equivalent amendment carefully, positively and with an open mind. The reason why we have tabled the amendment again is to remind the Minister of those commitments, and I hope that in the spirit of good will that is permeating the Committee the Minister will accept the amendment.