Clause 18
Tribunals, Courts and Enforcement Bill
1:15 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
This clause is important and we have decided to table some amendments to it, because there is an overwhelming argument for judicial review cases in the upper tribunal to be heard only by a High Court judge. There was substantial debate about that in the other place. Clause 18(8) says:
“a judge of the High Court or the Court of Appeal in England and Wales or Northern Ireland, or a judge of the Court of Session, or...such other persons as may be agreed from time to time between the Lord Chief Justice”
and so on. This amendment seeks to delete paragraph (b) which gives power to appoint someone other than a High Court judge. Why do we feel strongly about it? For a number of reasons—