Amendment 34

Courts and Tribunals (Online Procedure) Bill [HL] - Committee – in the House of Lords at 5:30 pm on 10th June 2019.

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Lord Keen of Elie:

Moved by Lord Keen of Elie

34: Schedule 2, page 18, line 41, leave out paragraph 5

Photo of Lord Keen of Elie Lord Keen of Elie The Advocate-General for Scotland, Lords Spokesperson (Ministry of Justice)

My Lords, I approach this amendment with some trepidation, but I shall explain it in this way. It removes paragraph 5 of Schedule 2 to the Bill, which itself provides for the omission of Clause 7(1); namely, the requirement for the Online Procedure Rule Committee to consult such persons as it considers appropriate and to hold meetings unless inexpedient to do so.

The amendment was originally incorporated in the Prisons and Courts Bill and was intended to reflect a prospective amendment to the Civil Procedure Act 1997 made by the Courts Act 2003 in an attempt to regularise practice between committees across civil, family and tribunal jurisdictions and the Online Procedure Rule Committee. That measure has not been implemented so far and has no direct relevance to this Bill. In simple terms, the provision that we are removing does not add value to the current Bill and should be removed—as it says in my note—to avoid misunderstanding.

Photo of Lord Blunkett Lord Blunkett Labour 5:45 pm, 10th June 2019

Is the original ever intended to be implemented?

Photo of Lord Keen of Elie Lord Keen of Elie The Advocate-General for Scotland, Lords Spokesperson (Ministry of Justice)

That is not a question that I am able to answer now because I cannot foresee the future, but I shall take further instruction on the matter and write to the noble Lord on the current position. I beg to move.

Amendment 34 agreed.

Schedule 2, as amended, agreed.

House resumed.

Bill reported with an amendment.

Sitting suspended.