Borders, Citizenship and Immigration Bill [Lords]

I assume that my hon. Friend means information about the capacity of the tribunal service. I would make it my business to ensure that the explanatory memorandum, which I understand would be required, provided information on that capacity and on the points that had been made about the process. Secondly, my hon. Friend made a specific point about section 13(6) of the Tribunals, Courts and Enforcement Act 2007. That section will not apply to judicial reviews. It will apply only if an appeal before the upper tribunal comes from a decision of the first-tier tribunal—if the case is on its way up, as it were. A judicial review decision is not a first-tier decision, so the section 13(6) test would not apply. My hon. Friend sought that important point of clarification. Thirdly, my hon. Friend asked whether High Court judges should hear important cases in the upper tribunal. That will be a matter for judicial allocation, but the intention of having High Court judges in the upper tribunal is that they should deal with important cases. The right to make a challenge, about which the hon. Member for Ashford asked an important question, will still exist. One does not need the High Court process for that, because there will be the opportunity for a challenge in the upper tribunal or, critically, in the Court of Appeal. The proposals will cut out an unnecessary stage. As my hon. Friend the Member for Wirral, West (Stephen Hesford), whose expertise in this matter is well known, has pointed out, they will help the good guys, if I can put it that way. The hon. Member for Ashford made an important point about that 85 per cent. figure and the letter from ILPA. As I have said, 85 per cent. of applications for judicial review are unsuccessful. It is true that some cases are withdrawn because UKBA has reconsidered its decision, sometimes after representations made by hon. Members and sometimes as a result of the re-examination of a decision. However, the number of cases withdrawn because the UK Border Agency has reversed its decision is small. Unfortunately, I do not have the figures available this evening, but I will write to the hon. Gentleman with them. Even if I conceded that the numbers were significant—I do not—that is an argument for the experts' tribunal, or upper tier, dealing with the requests under the new system, rather than the existing position, whereby delay, as my hon. Friend the Member for Wirral, West has said, is almost built into the system, as we clog up the higher courts. The hon. Member for Ashford asked whether judicial reviews by inexperienced upper tribunals would increase the work load in the Court of Appeal, because that access route will still exist. My previous point partly answers that, but it is also relevant to point out that the Tribunals, Courts and Enforcement Act 2007 limits the judiciary in upper tribunals who can deal with judicial reviews to High Court judges, Court of Appeal judges or other judges agreed between the Lord Chief Justice and the senior president. We are therefore confident that the quality of judges in the upper tier will be the best available. Again, part of our purpose is to get a more efficient system, to answer the point that the hon. Member for Broxbourne made. I thank the hon. Member for Rochdale (Paul Rowen) for his comments. Let me be clear that the effect of new clause 8 is that the Lord Chief Justice, with the agreement of the Lord Chancellor, will be able to order the transfer of judicial review cases that deal with fresh claims to the upper tribunal. Transfer of other cases, either on a case-by-case basis or on a class of case basis, will not be possible. It will go some way towards alleviating the burden on the higher courts. Once the upper tribunal has established its ability to deal efficiently and effectively with the judicial reviews of fresh claims—and the process that I described in response to my hon. Friend the Member for Walthamstow has been fulfilled—the House may be persuaded that we should be able to deal with other cases, too. However, that is a discussion for another day and would require another Bill. It is the Government's view that that is desirable, but we must pass the tests first. I hope that that gives the hon. Member for Rochdale the reassurance that he seeks. I think that we have a sensible understanding, so I am happy to recommend new clause 8. Question put and agreed to. New clause 8 accordingly read a Second time, and added to the Bill.