Clause 70 - Criminal Procedure Rule Committee

Part of Courts Bill [Lords] – in a Public Bill Committee at 10:15 am on 8 July 2003.

Alert me about debates like this

Photo of Chris Leslie Chris Leslie Parliamentary Under-Secretary (Department for Constitutional Affairs) 10:15, 8 July 2003

The nature of the work of legal executives is important in ensuring that the legal system in its broadest sense works smoothly and effectively. As the hon. Member for Surrey Heath suggested, I wish to take the opportunity to put on record my thanks to the Institute of Legal Executives for provoking the debate.

I understand that it prompted the hon. Gentleman to table specific amendments for discussion in Committee. It is perfectly legitimate that he has done so, but the amendments are not necessary.

I shall not distinguish between the different natures of criminal, family or civil procedure rule committees, because the reason why the amendments should not be accepted applies to differing circumstances.

For a start, the membership of the committee is already capable of ensuring a broad range of representation, comprising not only the judiciary, the legal profession and the voluntary sector, but individuals from other organisations with particular experience in various jurisdictions. I recognise that important and excellent work is undertaken by legal executives throughout the country, but it would be a

leap to say that the currently suggested members of committees, especially solicitors, could not bring the full coverage of specialist knowledge or value to the process of making procedural rules, and that we would need specifically to make legal executives part of the membership. Those whom we envisage as members of the rules committees will be capable of covering such specialist work adequately.

For example, the civil procedure rule committee will be made up of practising solicitors who have direct experience of the processes in which legal executives become involved. Such people are capable of representing that cadre of interests on the committee. The strategic purpose of the committees is to produce procedural rules that benefit the administration throughout the criminal, family and civil jurisdictions. That requires a broad understanding of the justice system, as well as an understanding of the details of specific court procedures. Adequate specialist interest will be represented.

If a committee is discussing an issue that requires the specific input of legal executives, there will be nothing to prevent it from asking representative organisations for their views or advice. The opportunity for the committee to consult different organisations, including the Institute of Legal Executives and representatives of legal executives in general, will exist. It is possible for committee proceedings to be informed by consultation and dialogue with organisations such as the Institute of Legal Executives. Simply because the committee's membership may not explicitly comprise legal executives, that would not preclude their views from forming part of its consideration.