Amendment 22

Courts and Tribunals (Online Procedure) Bill [HL] - Report – in the House of Lords at 5:06 pm on 24th June 2019.

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Lord Judge:

Moved by Lord Judge

22: Clause 8, page 8, line 13, at end insert—“( ) The appropriate Minister may only give written notice under this section with the concurrence of the Lord Chief Justice.”

Photo of Lord Judge Lord Judge Chair, Sentencing (Pre-consolidation Amendments) Bill [HL] Special Public Bill Committee

My Lords, I understand the difficulty raised in our earlier debate by the noble and learned Lord, Lord Mackay: that other committees work on a different basis. However, all those committees were created before the constitutional change. What is more, the committee we are envisaging in the Bill will actually have power to decide how the other committees will operate—at any rate, in relation to the digital world. That makes it different, but the fact is that we have had a change to the constitution and the Bill should recognise it.

I have looked at Clause 8 and I would love a debate with the noble and learned Lord, Lord Keen, about what,

“achieve a purpose specified in the notice”,

might mean, and about the provision that the committee must do what is,

“necessary to achieve the specified purpose”.

It would be a wonderful debate. The difference between us is that he says that means the same thing as what it says in Clause 2. However, that is not what it says in Clause 2. Clause 2 relates to “specified kinds”, which is a completely different consideration. What in the end we have here is the ability under Clauses 8 and 9, taken together, of the Executive to decide how litigation shall be conducted. That is what is objectionable about it and I seek the views of the House.

Ayes 226, Noes 182.

Division number 2 Courts and Tribunals (Online Procedure) Bill [HL] - Report — Amendment 22

Aye: 225 Members of the House of Lords

No: 180 Members of the House of Lords

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Amendment 22 agreed.

Clause 9: Power to make amendments in relation to Online Procedure Rules