Clause 22
Tribunals, Courts and Enforcement Bill
2:30 pm
Brooks Newmark (Braintree, Conservative)
I shall try to be reasonably brief, because I appreciate that we have more to do. I have always felt that one of the benefits of coming into the House is that we can learn from each other. One thing that I have learned from the hon. Member for Wolverhampton, South-West (Rob Marris), who I am sorry to see is not a member of the Committee, is to look at the explanatory notes, which I have done in detail as the debate has gone on. Paragraph 124 on page 21 states that the purpose of the “overriding objective” stated in clause 22(4) is
“to ensure that the Tribunal Procedural Committee observes certain fundamental principles when exercising its powers to make procedural rules, such as, securing that justice is done in proceedings before a tribunal and that the tribunal system is accessible and fair.”
The explanatory notes stop there, but subsection (4) goes on. Paragraphs (a) and (b) run in parallel with the construction of the explanatory notes, stating
“that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done...that the tribunal system is accessible and fair”.
However, another phrase is then tagged on, saying
“that proceedings before the First-tier Tribunal or Upper Tribunal are handled quickly and efficiently”.
Paragraph (e) also uses the phrase
“are handled quickly and efficiently.”
How do we square the concept of “quickly and efficiently” with being “accessible and fair” in seeing that justice is done? The words “quickly and efficiently” suggest to me that there is not due care and consideration. I am trying to understand the language in the Bill. Perhaps it will happen later, when we have the further consultation that the Minister has talked about, but how can we have inherent in that provision some concept of due care and consideration that fits in with the concept of something happening quickly and efficiently?