This amendment is designed to correct a minor error in the Bill’s drafting. It concerns the definition of the Northern Ireland Social Security Commissioner in Clause 25(7). This is the body that will hear onward appeals in Northern Ireland against decisions of the appeal tribunal referred to in Clause 25(1)(b). Clause 25(7)(b) currently provides that a tribunal of three or more commissioners constituted under the relevant Northern Ireland social security legislation would fall within the definition of a Northern Ireland Social Security Commissioner for the purposes of this Bill. A requirement that a tribunal should consist of at least three commissioners would be unnecessarily restrictive compared with the position for appeals on comparable matters, such as the child trust fund, where a quorum of only two such commissioners is sufficient. An amendment is therefore required to make this clause in the Bill consistent with the position for the child trust fund, as well as the relevant Northern Ireland social security legislation, which refers to, ""a tribunal consisting of any two or more of the Commissioners"."
This amendment will ensure that properly constituted Northern Ireland appeal tribunals consisting of only two social security commissioners can hear onward appeals on saving gateway matters. It does so by replacing the reference at Clause 25(7)(b) to "three or more Commissioners", with a reference to "two or more Commissioners". The amendment would not alter any provision in the Bill affecting rights of appeal, the range of appealable matters, or the powers of any tribunal authorised to hear appeals, and I hope that noble Lords will support it. I beg to move.
Amendment 47 agreed.
Clause 25, as amended, agreed.
Clause 26 agreed.
Clause 27 : Orders and regulations
Amendments 48 and 49 not moved.
Clause 27 agreed.
Clauses 28 to 32 agreed.
Bill reported with amendments.
Saving Gateway Accounts Bill
Proceeding contribution from
Lord Myners
(Labour)
in the House of Lords on Tuesday, 21 April 2009.
It occurred during Debate on bills
and
Committee proceeding on Saving Gateway Accounts Bill.
About this proceeding contribution
Reference
709 c384GC Session
2008-09Chamber / Committee
House of Lords Grand CommitteeSubjects
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