Authorised court and tribunal staff: legal advice and judicial functions

Part of Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords] – in the House of Commons at 1:58 pm on 12 December 2018.

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Photo of Bob Neill Bob Neill Chair, Justice Committee, Chair, Justice Committee 1:58, 12 December 2018

The hon. Lady referred to the independence of the judges. Is not the whole virtue of this proposal that the rules governing who should be delegated what functions will be made by judges, and should not be made by politicians in any circumstance? Lord Thomas of Cwmgiedd, the former Lord Chief Justice, observed:

“Experience has shown that detailed restrictions on procedure are a very real fetter on the administration of justice.”—[Official Report, House of Lords, 20 June 2018; Vol. 791, c. 2039.]

He counselled against too much restriction of the kind that is being proposed.