Courts and Tribunals (Online Procedure) Bill [HL] — House of Lords, 2019-07-02
Topic: Law and Crime
Richard Keen (Conservative, Centre-right): My Lords, I am grateful to the House for its engagement on this Bill throughout its passage. I will first turn to government Amendment 3 on the topic of paper processors. I thank noble Lords once again for their engagement over recent weeks and commend the constructive discussions that we have had on this topic On Report, amendments were tabled by the noble Lord, Lord Beith; the noble Lord, Lord Pannick; and the noble and learned Lord, Lord Judge, to ensure that it was clear in the Bill that the ability to submit paper forms and documents would remain available throughout proceedings governed by online procedure rules, not just at the beginning of the application. I am aware that noble Lords were concerned that people should be able to receive documents from the court in paper form as well as to send them Of course, our original government amendment tabled before Report sought to address this issue, but I agreed to go away and look again at whether we could provide additional clarity. It has always been the Government’s intention to ensure that paper processors are available at each stage of the process. We are committed to an accessible justice system which supports the needs of all our users. I hope that our new amendments clarify this to the House The new amendments make provision for users to choose a paper option at any time throughout their proceedings, and this includes both the sending and receiving of documents. Our system must be accessible and useful for everyone, and with the Bill as drafted I now think that we have achieved that I will now turn to government Amendments 1, 2, 5 and 6. Before Report, the Government tabled two amendments relating to support for users of our online services. The first of these provided that, when making new court rules, the committee must have regard for the needs of those who require support to engage online. The second amendment followed this to ensure that the Lord Chancellor should also have regard for the needs of litigants who require digital support when deciding whether to allow or disallow the Online Procedure Rules. These amendments did, and still do, ensure that rules will be made with due consideration of the support which is in place for those requiring assistance to engage with digital services under the Online Procedure Rules I had tabled these further amendments to both clarify the intention and ensure consistency of drafting between the earlier government amendments and the amendment of the noble Lord, Lord Marks, which was accepted on Report. The amendment of the noble Lord, Lord Marks, places a duty on the Government to provide support for users of the online system. The amendment does not use the word "technical" to qualify this support, and instead requires the Lord Chancellor to provide support to assist those people accessing or who wish to access the online procedure by electronic means, in accordance with the electronic procedure rules. The support will be such as the Lord Chancellor considers appropriate and proportionate to assist users to gain greater access to and make better use of online services. The government amendments ensure consistency with that approach. They also underline our intention that users who might otherwise be digitally excluded must have appropriate and proportionate support to assist them to access the electronic services that will underpin the new online procedure In addition, there are consequential amendments. Amendments 4 and 7 are minor consequential amendments. Amendment 4 follows on from the insertion in Clause 5(7), by way of amendment on Report in the Lords, which allows the Lord Chief Justice to appoint a judicial member as chair of the Online Procedure Rule Committee. This amendment means that the Lord Chancellor, subject to the concurrence and consultation requirements in Clause 7, may if necessary amend Clause 5(7), as he may amend other provisions in Clause 5 Finally, following amendment on Report in the Lords, Amendment 7 is consequential to the insertion of Clause 10(3), which requires the Lord Chief Justice’s concurrence before the Lord Chancellor may amend legislation in consequence of, or in order to facilitate the making of, Online Procedure Rules. It allows the Lord Chief Justice to nominate a member of the senior judiciary to give such concurrence. I beg to move.