Tribunals Courts and Enforcement Bill (HL). Lords Report stage. Concluded. Bill printed as amended (HL Bill 37).
Tribunals Courts and Enforcement Bill [HL]
About these Parliamentary proceedings
Reference
689 c238-305 Session
2006-07Legislative stage
Report stageChamber / Committee
House of Lords chamberRelated items
Tribunals Courts and Enforcement Bill (HL). As amended on Report.
Wednesday, 31 January 2007
Bills
House of Lords
Wednesday, 31 January 2007
Bills
House of Lords
Tribunals Courts and Enforcement Bill (HL) .As amended in Grand Committee (HL)
Thursday, 14 December 2006
Bills
House of Lords
Thursday, 14 December 2006
Bills
House of Lords
Proceeding contributions
Baroness Ashton of Upholland | 689 c292-4 (Link to this contribution)
moved Amendment No. 87:
87: Clause 126 , page 95, line 36, leave out ““and”” and insert—
““( ) it...
Baroness Ashton of Upholland | 689 c291-2 (Link to this contribution)
My Lords, I am grateful to the noble Lord for supporting the thrust of what we are seeking to do, an...
Show all contributions (112)
Lord Kingsland | 689 c292 (Link to this contribution)
My Lords, I am most grateful to the noble Baroness who responded to my amendment with her characteri...
Lord Thomas of Gresford | 689 c291 (Link to this contribution)
My Lords, I am grateful for that response. It seems that the individual circumstances of the judgmen...
Lord Kingsland | 689 c291 (Link to this contribution)
moved Amendment No. 83:
83: Clause 86 , page 54, line 30, leave out ““provide that a charge may”” ...
Lord Thomas of Gresford | 689 c289-90 (Link to this contribution)
moved Amendment No. 79:
79: Clause 85 , page 53, line 32, at end insert—
““(9) Where the judgment ...
Baroness Ashton of Upholland | 689 c290-1 (Link to this contribution)
My Lords, I am grateful to the noble Lord. I hope that my speaking note will completely reflect what...
Baroness Ashton of Upholland | 689 c289 (Link to this contribution)
moved Amendment No. 76:
76: Clause 56 , page 41, line 14, leave out from beginning to ““provision”...
Lord Lucas | 689 c289 (Link to this contribution)
My Lords, I thank the Minister, but amending a Bill is all that I can do. One has to be conscious of...
Baroness Ashton of Upholland | 689 c289 (Link to this contribution)
My Lords, I am not sure that it is a matter of amending the Bill, because I am talking about a consu...
Baroness Ashton of Upholland | 689 c287-8 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Lucas, not just for this evening but for the way he ...
Lord Newton of Braintree | 689 c288 (Link to this contribution)
My Lords, before the Minister sits down—which I believe is the right formulation—I wish to place on ...
Baroness Ashton of Upholland | 689 c288 (Link to this contribution)
My Lords, I am sure we are all grateful for that clarification. I hope that the noble Lord, Lord Luc...
Lord Lucas | 689 c288-9 (Link to this contribution)
My Lords, I indeed welcome what the Minister has done. One always hopes that one’s own particular re...
Lord Lucas | 689 c283 (Link to this contribution)
My Lords, I am quite content with that answer and I beg leave to withdraw the amendment.
Amendment,...
Lord Lucas | 689 c283-6 (Link to this contribution)
moved Amendment No. 74:
74: Clause 55, page 40, line 32, leave out ““certificate”” and insert ““li...
Lord Newton of Braintree | 689 c286 (Link to this contribution)
My Lords, I intervene on this part of the Bill with some trepidation, because I have not followed it...
Baroness Ashton of Upholland | 689 c283 (Link to this contribution)
My Lords, I am grateful to the noble Lord for raising this. This reason for including this provision...
Lord Lucas | 689 c282-3 (Link to this contribution)
moved Amendment No. 70:
70: Schedule 12 , page 205, leave out line 20
The noble Lord said: My Lor...
Baroness Ashton of Upholland | 689 c305 (Link to this contribution)
moved Amendment No. 96:
96: Schedule 23, page 287, line 18, column 2, at beginning insert—
On Que...
Baroness Ashton of Upholland | 689 c305 (Link to this contribution)
moved Amendments Nos. 97 and 98:
97: Clause 138, page 104, line 38, leave out ““subsection (4)”” a...
Lord Newton of Braintree | 689 c305 (Link to this contribution)
My Lords, as ever, the Minister could charm birds out of trees. On the basis of what she has said, I...
Baroness Ashton of Upholland | 689 c305 (Link to this contribution)
moved Amendments Nos. 94 and 95:
94: Clause 135, page 103, line 14, at end insert—
““( ) In the en...
Baroness Ashton of Upholland | 689 c305 (Link to this contribution)
moved Amendment No. 99:
99: Clause 139, page 105, line 7, leave out subsection (2) and insert—
““(...
Lord Kingsland | 689 c302 (Link to this contribution)
moved Amendment No. 92:
92: Clause 132, leave out Clause 132
The noble Lord said: My Lords, the t...
Baroness Ashton of Upholland | 689 c304 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Newton. I agree that the provisions that the amendme...
Lord Newton of Braintree | 689 c303-4 (Link to this contribution)
moved Amendment No. 93:
93: After Clause 134, insert the following new Clause—
““Concurrent jurisd...
Lord Kingsland | 689 c303 (Link to this contribution)
My Lords, I am most grateful to the noble Baroness. I could not possibly have asked for more than th...
Baroness Ashton of Upholland | 689 c303 (Link to this contribution)
My Lords, I am grateful to the noble Lord for returning to this issue and for indicating his purpose...
Lord Evans of Temple Guiting | 689 c298 (Link to this contribution)
My Lords, I am extremely sorry to interrupt my noble friend, but there is a strong feeling that he i...
Lord Howarth of Newport | 689 c298-9 (Link to this contribution)
My Lords, I take the admonition of my noble friend. I am endeavouring to speak to the amendments and...
Baroness Ashton of Upholland | 689 c299-301 (Link to this contribution)
My Lords, I am grateful to all noble Lords who have spoken and for the general welcome that has been...
Baroness Ashton of Upholland | 689 c301 (Link to this contribution)
moved Amendments Nos. 88 and 89:
88: Clause 126, page 95, line 38, at end insert ““, and
( ) the m...
Baroness Ashton of Upholland | 689 c301-2 (Link to this contribution)
moved Amendment No. 90:
90: After Clause 127, insert the following new Clause—
““Relevant museums ...
Baroness Ashton of Upholland | 689 c302 (Link to this contribution)
moved Amendment No. 91:
91: Clause 128, page 97, line 8, leave out subsection (3)
On Question, am...
Lord Maclennan of Rogart | 689 c294 (Link to this contribution)
My Lords, I express the strong gratitude of these Benches for the work that the Government have done...
Lord Howarth of Newport | 689 c296-8 (Link to this contribution)
My Lords, I add my expression of appreciation to my noble friend for all the care that she has taken...
Lord Janner of Braunstone | 689 c295-6 (Link to this contribution)
My Lords, first, I thank the noble and learned Lord, Lord Lloyd, for his comments. The one thing I a...
Baroness Ashton of Upholland | 689 c249 (Link to this contribution)
moved Amendments Nos. 20 and 21:
20: Clause 20 , page 17, line 38, leave out ““either””
21: Clau...
Lord Kingsland | 689 c249-50 (Link to this contribution)
moved manuscript Amendment No. 22A:
22A: Clause 22 , page 19, line 13, at end insert—
““(za) that,...
Lord Newton of Braintree | 689 c250 (Link to this contribution)
My Lords, I am grateful for the generosity of my noble friend’s remarks, which reveal that he has pu...
Lord Thomas of Gresford | 689 c250 (Link to this contribution)
My Lords, the amendment has been grouped with Amendment No. 23, possibly before the two sides got to...
Baroness Ashton of Upholland | 689 c249 (Link to this contribution)
moved Amendments Nos. 18 and 19:
18: Clause 19 , page 16, line 21, leave out ““either””
19: Clau...
Lord Thomas of Gresford | 689 c254 (Link to this contribution)
My Lords, I should like to express my gratitude to the Minister for acceding to the point made by th...
Baroness Ashton of Upholland | 689 c250-1 (Link to this contribution)
My Lords, Amendment No. 22A can be described as ““win, win, win””. I am extremely grateful to the no...
Lord Kingsland | 689 c251 (Link to this contribution)
My Lords, as I understand it, the noble Baroness has accepted not only the principle that lies behin...
Lord Thomas of Gresford | 689 c251-2 (Link to this contribution)
moved Amendment No. 23:
23: Clause 22 , page 19, line 20, at end insert—
““( ) The Tribunal Proced...
Baroness Ashton of Upholland | 689 c253-4 (Link to this contribution)
moved Amendment No. 24:
24: Schedule 5 , page 131, line 21, at end insert—
““(e) provision for cos...
Baroness Ashton of Upholland | 689 c272-4 (Link to this contribution)
My Lords, I am grateful to the noble Lord for, first, identifying that he wanted to cover a range of...
Lord Beaumont of Whitley | 689 c269-72 (Link to this contribution)
moved Amendment No. 57:
57: Schedule 12, page 200, line 34, at end insert—
““4A (1) The following ...
Lord Lucas | 689 c269 (Link to this contribution)
My Lords, I am grateful for the consideration that the noble Baroness and her team have given this. ...
Baroness Ashton of Upholland | 689 c268-9 (Link to this contribution)
My Lords, I am extremely grateful to the noble Lord, Lord Lucas, for raising these issues. Perhaps I...
Lord Lucas | 689 c267-8 (Link to this contribution)
moved Amendment No. 56:
56: After Clause 53 , insert the following new Clause—
““Enforcement by ta...
Baroness Ashton of Upholland | 689 c267 (Link to this contribution)
moved Amendment No. 55:
55: Clause 48 , page 37, line 19, at end insert—
““( ) At any time before ...
Baroness Ashton of Upholland | 689 c265-6 (Link to this contribution)
moved Amendment No. 42:
42: Clause 47 , page 35, line 40, at end insert—
““( ) At any time before ...
Baroness Ashton of Upholland | 689 c265 (Link to this contribution)
moved Amendments Nos. 40 and 41:
40: Clause 46 , page 34, line 21, after ““32,”” insert ““(Power t...
Baroness Ashton of Upholland | 689 c264-5 (Link to this contribution)
moved Amendments Nos. 37 to 39:
37: Schedule 8 , page 159, leave out lines 33 and 34 and insert ““...
Lord Geddes | 689 c282 (Link to this contribution)
My Lords, before calling Amendment No. 69, I must advise the House that if this amendment is agreed ...
Lord Lucas | 689 c280 (Link to this contribution)
My Lords, I had better speak to Amendment No. 70, since this group has grown rather. Oh! The noble B...
Lord Beaumont of Whitley | 689 c279-80 (Link to this contribution)
moved Amendment No. 62:
62: Schedule 12 , page 203, line 21, at end insert—
““( ) This Act express...
Lord Beaumont of Whitley | 689 c282 (Link to this contribution)
My Lords, of course I realise the good intentions of the Minister—even, occasionally, the good inten...
Baroness Ashton of Upholland | 689 c281-2 (Link to this contribution)
My Lords, as I indicated to the noble Lord, Lord Beaumont, the only way in which we can deal with th...
Lord Lucas | 689 c274-7 (Link to this contribution)
moved Amendment No. 61:
61: Schedule 12, page 203, line 19, leave out paragraphs 14 to 30 and inse...
Lord Geddes | 689 c274 (Link to this contribution)
My Lords, before calling Amendment No. 61, I must advise the House that if it is agreed to I shall n...
Lord Lucas | 689 c279 (Link to this contribution)
My Lords, of course I will withdraw Amendment No. 61. As for the rest of the discussion, it merely i...
Baroness Ashton of Upholland | 689 c277-8 (Link to this contribution)
My Lords, I am grateful to the noble Lord, Lord Lucas. I shall deal first with Amendment No. 61 and ...
Baroness Ashton of Upholland | 689 c258-9 (Link to this contribution)
moved Amendment No. 26:
26: Clause 29 , page 23, line 9, at end insert—
““(aa) functions of the Co...
Baroness Ashton of Upholland | 689 c258 (Link to this contribution)
My Lords, I agree too, both with the sentiments and with the amendment. The amendment appeared, as t...
Lord Thomas of Gresford | 689 c258 (Link to this contribution)
My Lords, we also support the amendment. The noble Lord, Lord Kingsland, has just made the point tha...
Lord Kingsland | 689 c257-8 (Link to this contribution)
My Lords, I support the amendment so eloquently introduced by my noble friend. There are two reasons...
Lord Newton of Braintree | 689 c256-7 (Link to this contribution)
My Lords, I rise briefly to support the general thrust of my noble friend’s remarks. The background ...
Lord Goodlad | 689 c254-6 (Link to this contribution)
moved Amendment No. 25:
25: After Clause 23 , insert the following new Clause—
““Mediation
(1) A p...
Lord Newton of Braintree | 689 c257 (Link to this contribution)
My Lords, on that point I have a fairly clear-cut view. The policy background to the Bill is a very ...
Lord Clinton-Davis | 689 c257 (Link to this contribution)
My Lords, I thank the noble Lord. I have a great deal of sympathy for the purpose of the amendment, ...
Lord Newton of Braintree | 689 c257 (Link to this contribution)
I am nearly finished, my Lords, but I will give way.
Lord Clinton-Davis | 689 c257 (Link to this contribution)
My Lords, will the noble Lord give way?
Baroness Ashton of Upholland | 689 c263-4 (Link to this contribution)
moved Amendment No. 36:
36: After Clause 44 , insert the following new Clause—
““Co-operation in r...
Lord Kingsland | 689 c263 (Link to this contribution)
moved Amendments Nos. 33 to 35:
33: Schedule 7 , page 142, line 29, leave out ““, or without cause...
Lord Thomas of Gresford | 689 c264 (Link to this contribution)
My Lords, I make a formal objection to the use of the expression, "““territory for England and Wales...
Baroness Ashton of Upholland | 689 c259-61 (Link to this contribution)
moved Amendment No. 27:
27: After Clause 32 , insert the following new Clause—
““Power to provide ...
Baroness Ashton of Upholland | 689 c261 (Link to this contribution)
moved Amendment No. 30:
30: Clause 34 , page 28, line 11, at end insert—
““( ) Subsection (2) does...
Baroness Ashton of Upholland | 689 c261 (Link to this contribution)
moved Amendments Nos. 28 and 29:
28: Clause 33 , page 26, line 42, leave out ““subsection (1)”” an...
Baroness Ashton of Upholland | 689 c262 (Link to this contribution)
moved Amendment No. 31:
31: Clause 35 , page 29, line 9, leave out ““on or before”” and insert ““a...
Baroness Ashton of Upholland | 689 c262 (Link to this contribution)
My Lords, I am very worried about the precedent that I have set.
I was going to say that when the n...
Lord Newton of Braintree | 689 c262 (Link to this contribution)
My Lords, I share my noble friend’s hope, not least because of the interest, which I have already in...
Lord Clinton-Davis | 689 c245-6 (Link to this contribution)
My Lords, I agree with what has just been said. The noble and learned Lord, Lord Lloyd, has made a p...
Lord Kingsland | 689 c246 (Link to this contribution)
My Lords, I find myself in complete agreement with all the previous speakers on this amendment. Ther...
Baroness Butler-Sloss | 689 c246 (Link to this contribution)
My Lords, I wonder whether before the Minister replies I might just add a few words in support of th...
Lord Newton of Braintree | 689 c246-7 (Link to this contribution)
My Lords, I am not quite sure whether I dare, as a non-lawyer, to intervene in these proceedings. I ...
Baroness Ashton of Upholland | 689 c247-8 (Link to this contribution)
My Lords, I am very grateful, not only for all the contributions but for the spirit of the contribut...
Lord Lloyd of Berwick | 689 c248 (Link to this contribution)
My Lords, I, too, am hopeful, and I am very grateful for the Minister’s response. It was very typica...
Baroness Ashton of Upholland | 689 c248 (Link to this contribution)
moved Amendment No. 14:
14: Clause 19, page 15, line 24, leave out ““either””
The noble Baroness ...
Baroness Hooper | 689 c249 (Link to this contribution)
My Lords, if Amendment No. 15 is agreed to, I cannot call Amendments Nos. 16 and 17.
Lord Lloyd of Berwick | 689 c248 (Link to this contribution)
My Lords, I have already complimented the noble Baroness on her ability to see the light, and the li...
Baroness Ashton of Upholland | 689 c249 (Link to this contribution)
moved Amendment No. 15:
15: Clause 19 , page 15, line 33, leave out from ““citizenship”” to end of...
Lord Thomas of Gresford | 689 c241 (Link to this contribution)
moved Amendment No. 7:
7: Clause 11 , page 7, line 29, leave out ““any point of law”” and insert—
...
Lord Kingsland | 689 c241-2 (Link to this contribution)
My Lords, I am always reluctant to sound a discordant note when it comes to an intervention by the n...
Baroness Ashton of Upholland | 689 c239-40 (Link to this contribution)
moved Amendment No. 5:
5: Clause 9 , page 6, line 10, at end insert—
““( ) Tribunal Procedure Rule...
Baroness Ashton of Upholland | 689 c240 (Link to this contribution)
moved Amendment No. 6:
6: Clause 10 , page 7, line 5, at end insert—
““( ) Tribunal Procedure Rule...
Baroness Ashton of Upholland | 689 c239 (Link to this contribution)
moved Amendment No. 3:
3: Clause 4 , page 3, line 7, after ““Tribunal,”” insert—
““(ca) is a membe...
Baroness Ashton of Upholland | 689 c239 (Link to this contribution)
moved Amendment No. 4:
4: Clause 5 , page 3, line 34, after ““members)”” insert ““who—
(i) is the...
Lord Lloyd of Berwick | 689 c243-5 (Link to this contribution)
moved Amendment No. 10:
10: Clause 18 , page 14, line 7, leave out ““3”” and insert ““4””
The nob...
Lord Thomas of Gresford | 689 c243 (Link to this contribution)
My Lords, I am most grateful to the noble Baroness for the care with which she has considered the ma...
Baroness Ashton of Upholland | 689 c242-3 (Link to this contribution)
My Lords, my diplomatic approach is to try to agree with everybody, on the grounds the more that we ...
Baroness Ashton of Upholland | 689 c238-9 (Link to this contribution)
moved Amendment No. 2:
2: Clause 1 , page 1, line 12, at end insert—
““(7B) The offices are those ...
Baroness Ashton of Upholland | 689 c238 (Link to this contribution)
moved Amendment No. 1:
1: Clause 1 , page 1, line 9, leave out ““the office of Senior President of...
Lord Kingsland | 689 c262 (Link to this contribution)
moved Amendment No. 32:
32: Schedule 7 , page 141, line 37, leave out ““, or without cause””
The ...
Baroness Ashton of Upholland | 689 c266-7 (Link to this contribution)
moved Amendments Nos. 43 to 54:
43: Schedule 10 , page 183, line 7, leave out ““In”” and insert ““...
Lord Maclennan of Rogart | 689 c286 (Link to this contribution)
My Lords, we on these Benches associate ourselves with the proposed amendments. We warmly admire the...
Lord Lloyd of Berwick | 689 c294-5 (Link to this contribution)
My Lords, I, too, wish to say a few words on these amendments. This part of the Bill is concerned wi...
Lord Thomas of Gresford | 689 c245 (Link to this contribution)
My Lords, we on these Benches strongly support the principle that lies behind the amendment of the n...
Lord Beaumont of Whitley | 689 c274 (Link to this contribution)
My Lords, I am grateful to the Minister, who is obviously taking immense trouble over this area. Alt...
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