Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 14: 14: Clause 19, page 15, line 24, leave out ““either”” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 16, 18, 19, 20 and 21. These amendments would remove the direction-making power of the Lord Chancellor inserted into the Supreme Court Act 1981 by Clause 19 and would make corresponding adjustments to Clause 20 in respect of Scotland. Their effect is to exclude judicial review cases arising under the nationality and immigration Acts from transfer to the upper tribunal. Further primary legislation would be needed to amend that position. In speaking to these amendments, I am of course conscious that the noble and learned Lord, Lord Lloyd of Berwick, has tabled Amendment No. 16 with the same object in mind. We acknowledge the strength of feeling expressed by the House and take the view that any opening-up of these provisions to immigration, asylum and nationality cases should occur only as a result of further primary legislation. I hope that the noble and learned Lord, Lord Lloyd, will understand that I tabled my amendments because they would also make consequential changes to Clauses 19 and 20 to carry the same amendments through to the equivalent clauses for Scotland and Northern Ireland. Therefore, they are technically more able to do the job than I think is the case with his amendment, and I hope he will understand that that is the basis on which I tabled them. I beg to move.