Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords] — House of Commons, 2018-12-12
Topic: Law and Crime
Lucy Claire Leigh (Frazer) (Conservative, Centre-right): I mentioned earlier that 300,000 people have already started engaging with our services online. They can apply for probate or divorce online, and many people are doing that. We also have our new online civil moneys claim court, which enables people to apply online and defend online. In one case in the first week after its launch, we had a settlement without people going to court at all. Technology will not only enable us to unclog our courts and get quicker hearing times, but give our constituents better access to justice because more people will be engaging with it. It will be cheaper for them to engage, and therefore more people will be able to access fairness and justice in the resolution of their claims I turn to the essence of the Bill and the Opposition amendments. Amendment 1 relates to clause 3(3), which provides for the use of the negative resolution procedure, which the hon. Member for Bolton South East suggested is not appropriate when dealing with the judicial functions of staff. However, the Government think that the amendment is inappropriate for several reasons. First, clause 3(3), which provides for the use of the negative resolution procedure, is not actually concerned with judicial functions. Clause 3(3) is in fact cross-referring to clause 3(2), which allows the Secretary of State to make "consequential, transitional, transitory or saving" provisions relating to authorised staff by way of regulations In reality, clause 3(3) allows us to amend references in secondary legislation to, for example, justices’ clerk—a post abolished by the Bill—to authorised officer. So far, we have identified over 200 references and over 60 pieces of secondary legislation that would need amendment, and there may be more. It is a standard clause for this type of provision. We know that that is the correct reading of the measure because the power to enable staff to carry out the judicial functions that the hon. Member for Bolton South East is concerned about is actually set out in the procedural rules made by the independent rules committees. This is clear from clause 3(1), which refers not to regulations but to procedure rules. The procedure by which the procedure rules are enacted is set out not in this Bill but in other legislation, namely the Courts Act 2003, the Civil Procedure Act 1997 and the Tribunals, Courts and Enforcement Act 2007 Amendments 2 to 4 relate to the qualifications of those undertaking advice or judicial functions under the Bill. Amendments 2 and 3 require that any staff member who gives legal advice to lay justices or judges of the family court must be legally qualified and have more than three years’ experience post-qualification. Amendment 4 requires the same qualifications for any staff carrying out judicial functions The Government absolutely agree it is important that those who undertake functions in our courts are suitably qualified. As my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) said, and as he has said on many occasions, our justice system is renowned throughout the world, and much of that is down to the experience and quality of our judiciary. Ensuring that those who work within our justice system have the right skills is fundamental to justice.