UK Parliament / Open data

Nationality and Borders Bill

That is very kind of the noble Baroness. My handwriting is perfectly clear; it is just that it makes absolutely no sense for me to have written down the word “goodness” in the middle of this.

My short point is: is this really necessary? Are there not adequate discretionary powers in the tribunals to consider whether a legal representative has acted improperly or unreasonably and has wasted tribunal resources? What assessment has been made of the deterrent effect of this on taking on cases in the First-tier Tribunal or Upper Tribunal? It would damage our system if fewer lawyers felt prepared to do so. The clause extends to negligence but that is another matter; it is between a client and his lawyer and is surely a matter for the civil courts. Any award of damages would then go to the claimant, not, as is provided here, into the consolidated fund.

I have two amendments in this group that would allow for a charging power but for it not to be mandatory. Surely there are procedures for making, as it were, procedure rules. Those should be followed rather than the Government imposing this out of the blue through the medium of this Bill.

About this proceeding contribution

Reference

818 c1941 

Session

2021-22

Chamber / Committee

House of Lords chamber
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