Clause 77 - Family Procedure Rule Committee

Part of Courts Bill [Lords] – in a Public Bill Committee at 11:15 am on 8 July 2003.

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Photo of Chris Leslie Chris Leslie Parliamentary Under-Secretary (Department for Constitutional Affairs) 11:15, 8 July 2003

I am not sure that it is fair to characterise the hon. Gentleman purely as having experience from the 1970s and 1980s. I am sure that he has experience of matters in the 1990s and the new century. I do not know whether he is applying to be a member of the family procedure rule committee, and it would not be fair for me to go into any details. All the

normal Nolan committee procedures relating to applications must be followed in the normal way, and the hon. Gentleman can consider his application in due course.

We should be wary about the wisdom of adding the word ''current'' to the issue of experience. It could exclude people with very recent experience of the lay advice sector. For example, an applicant might have built a vast depth of knowledge of the field over 20 or 30 years, but then left a month before applying to a particular position. If the amendment were accepted, such an applicant would have to be rejected and his knowledge would be lost. That is not the right approach as it is too restrictive.

In any case, we have not found references to ''current experience'' in other primary legislation. There would be issues in defining what is current experience. It is necessary to ensure that we have the flexibility to include very recent experience, although I understand the hon. Gentleman's point.

Amendment No. 79 has the further effect of increasing the number of lay advisers on the family procedure rule committee from one to two. The amendment is similar to another tabled in another place by Baroness Anelay of St. Johns. She recognised that

''the family procedure rule committee has a narrower remit and is more specialised''—[Official Report, House of Lords, 11 February 2003; Vol. 644, c. 661.]

and that perhaps the committee would need only one lay advice member. She consequently withdrew her amendment, and I advise the hon. Member for Surrey Heath to do the same.

It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.

Adjourned till this day at half-past Two o'clock.