I am sorry; I have one more important Government amendment that I wish to cover. I apologise to the hon. Gentleman.
If the measure did not extend to Scotland even on matters that are not within the legislative competence of the Scottish Parliament, that would create an inconsistency within the unified tribunal framework based purely on geography.
Finally, the group also contains Government amendment 6 to clause 2. Subsection (4) of new section 11A sets out a number of exemptions, circumstances in which the supervisory court could still review a decision of the upper tribunal to refuse permission, or leave, to appeal the decision of the first-tier tribunal. One of those exemptions, subsection (4)(c)(ii), is if the upper tribunal acts in
“fundamental breach of the principles of natural justice”.
Clarifying the meaning of the natural justice exemption is the intent of the amendment. The Government accept that the meaning of natural justice is currently established in case law and relates to procedural impropriety. However, the understanding of the term has developed over time through common law and could develop further in the future.
As our intention is for substantive procedural errors to remain reviewable but errors of fact or law to be ousted, it is the Government’s view that the wording would be clearer if the amendment referred to procedure in the context of natural justice. That is not a change of policy; it is how the Government, and I am sure the majority of right hon. and hon. Members present, understood the clause during our previous debates and
votes. However, this clarification should confirm to the courts exactly how Parliament intends the ouster clause to be interpreted.
Question put, That the clause be read a Second time.