Tribunals, Courts and Enforcement Bill [Lords]

I am grateful to my hon. Friend for mentioning that beforehand, because it enables me to confirm that there is no intended change in clause 29. First and foremost, chapter 1 of part 1 puts it beyond doubt that the tribunal judiciary are independent of the Executive, and that the tribunals themselves are independent of the Departments that make the decisions that the tribunals will review. It is right that that has happened, and it strengthens our commitment to increasing public confidence in tribunals. Chapter 1 creates a new judicial office. The senior president of tribunals, who will be the leader of the system, will hold a distinct statutory and independent office, and will be the voice of tribunals. I would like to say how pleased I am that the president designate is Lord Justice Robert Carnwath. Chapter 2 of part 1 creates a new statutory framework for tribunals, which will be a two-tier system. The first-tier tribunal will deal mainly with first instance appeals from Departments and local authorities. The upper tribunal will deal with appeals on questions of law from the first tier. It will also be able to deal with judicial review cases in the specialist areas covered by tribunals when they are transferred by the High Court or the Court of Session. Chapter 3 of part 1 will allow the Lord Chancellor to transfer to the new two-tier system the work of the tribunals listed in schedule 6. We envisage that that will occur between 12 and 18 months after Royal Assent. It will bring tribunals dealing with, for example, social security, tax, mental health and special educational needs into the new structure. Because of the special nature of their work, the Asylum and Immigration Tribunal, employment tribunals and the Employment Appeal Tribunal will retain their existing legal frameworks, being separate pillars of the new structure, but they will still enjoy the benefits of the overarching Tribunals Service’s single administrative structure. The tribunal reforms will create a single pool of tribunal judges and non-legal members. Judges and members will be able to sit in more than one jurisdiction, provided they have the appropriate skills or experience, and want to do so. Chapters 4 and 6 of part 1 set out ancillary matters. Chapter 5 replaces the Council on Tribunals with a new Administrative Justice and Tribunals Council, which will have a wider remit to look at the administrative justice system as a whole, ensuring that relationships between the courts, tribunals, ombudsmen and alternative dispute resolution routes satisfactorily reflect the users’ needs. It was pleasing that Lord Newton of Braintree, who is currently the chair of the Council on Tribunals, appeared to be ready for and pleased with that broader role in the administrative law arena. Again there will, of course, be a specific component to look at users’ needs. Finally, the Bill makes it easier for those who are awarded compensation by a tribunal or who are subject to an ACAS-brokered settlement to have that award or settlement enforced. We believe that will further increase confidence that justice can be delivered effectively. Part 2 deals with judicial appointments and amends the minimum eligibility requirements for judicial appointments, which will comprise three elements. First, applicants will have to be suitably qualified as a barrister, solicitor or, for some appointments, as a legal executive, patent agent or trade mark attorney. Secondly, they must have held that qualification for seven years or five years, depending on the post. That is a reduction from the current 10-year and seven-year qualification periods—thus, the qualification for circuit and High Court judges will be reduced from 10 to seven years, and for district judges it will be reduced from seven to five years. Tribunal appointments will match. Thirdly, during the qualifying period they must have gained post-qualification legal experience. That would include, for example, practice or employment as a lawyer, acting as an arbitrator or mediator, carrying out judicial functions, or teaching or researching law. The changes will increase the pool of those who are eligible for appointment, particularly by enabling fellows of the Institutes of Legal Executives, Patent Agents and Trade Mark Attorneys to become eligible to apply for judicial office. The changes will also ensure that those in the pool have actually been engaged in legal work after qualifying and before becoming eligible. Overall, we think the numbers in the pool will increase. Of course, all appointments will continue to be made on merit, and merit alone. That remains the test of suitability, and the Judicial Appointments Commission will continue to apply it rigorously. The larger the pool of people qualified to apply to be judges, the higher the quality should be of those who are appointed.