Courts and Tribunals (Judiciary and Functions of Staff) Bill [HL] — House of Lords, 2018-07-10
Topic: Law and Crime
Charlotte Vere (Conservative, Centre-right): My Lords, I thank all contributors to this short debate. These amendments seek to place in the Bill a list of functions that authorised staff would not be permitted to undertake. I ask the same question that the noble and learned Lord, Lord Thomas of Cwmgiedd, asked at Second Reading: do we really want to put such restrictions—which he described as a fetter on the administration of justice—in this Bill? An example would be the proposal to prevent authorised officers making orders that are opposed by one or more party. I accept that there will be circumstances in which it could be inappropriate for an authorised member of staff to adjudicate on such a matter. However, as the noble and learned Lord, Lord Thomas, and the noble Lord, Lord Marks, pointed out, where, for example, the parties to a case are simply disagreeing about a date on which a hearing should be set, should it not be possible for an authorised member of staff to deal with this under the supervision of a judge I fully understand the intention behind these amendments and recognise the importance of ensuring that adequate safeguards are in place. Our provisions ensure that the judicial functions that authorised staff may or may not exercise will be subject to appropriate scrutiny by experts, generally in the form of the procedure rule committees. The Bill will also ensure that, where staff are authorised to provide legal advice or to exercise judicial functions, they are suitably experienced and qualified. It is important to recognise that the concept of authorised staff performing judicial functions is not a new one for courts and tribunals. Her Majesty’s Courts and Tribunals Service staff can already be authorised to exercise the jurisdiction of almost every court or tribunal, up to and including the High Court and Upper Tribunal. Rule committees already have experience in deciding the functions that such staff may exercise I remind noble Lords that the purpose of these provisions is to increase the efficiency of our courts by allowing authorised staff to undertake a wider range of functions under the supervision of judges, so that judges themselves are free to deal with the more complex matters before them. This amendment would not only place unnecessary limitations on what we could achieve in this area but would undermine the progress that we have already made. For example, justices’ clerks and assistant justices’ clerks currently make cost orders and search orders in appropriate cases. They also make orders for special measures for vulnerable defendants, victims and witnesses giving evidence, such as the use of video links and screens. They carry out these tasks efficiently and effectively The Bill provisions build on the existing process for assignment of judicial responsibilities in a sensible and proportionate way, and will allow authorised staff to carry out judicial functions in the Crown Court for the first time. Staff will be authorised by the Lord Chief Justice or his nominee and will work under the supervision of the judiciary. The Bill puts decision-making as to which functions may or may not be exercised by authorised staff in the right hands: the procedure rule committees. Here, the powers can be properly scrutinised by judges, practitioners and other interested parties. The noble and learned Lord, Lord Thomas, spoke powerfully about his own experience of chairing the Criminal Procedure Rule Committee, the expertise of the committee and the fact that it always managed to reach consensus. The judiciary is ultimately responsible for authorising court and tribunal staff to exercise such functions and, as is currently the case, it will do so only if satisfied as to their competence. As pointed out by the noble and learned Lord, Lord Neuberger, procedure rules are also subject to parliamentary scrutiny via the negative resolution procedure which provides an additional check on these provisions. In the light of the reasons I have set out, I hope the noble Baroness, Lady Chakrabarti, will withdraw her amendment.