Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011

Lord Jones Excerpts

Wednesday 23rd March 2011 Grand Committee

[Lord Jones]

My Lords, I support the instruments wholeheartedly. I thank the Minister for his succinct introduction, but I have several queries.

Paragraph 4, “Legislative Context”, of the helpful Explanatory Memorandum to the Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011 states:

“appeals in non-adoption cases from the decisions of a district judge of the High Court and from a district judge of a county court would be to the Court of Appeal”.

Is the Minister able to define these differences? Is there a district judge of a magistrates’ court that would be separate from those instances on which I have asked for clarification?

Paragraph 8, “Consultation outcome”, of the Explanatory Memorandum states:

“A total of 45 responses were received to this consultation”.

I thought this query worthy of being raised because, when one considers the vast number of magistrates’ courts, 45 seems rather a small number. In the spirit of debate, one is perhaps entitled to query and to seek reassurance that the consultation process has been widespread, comprehensive and effective. I presume that, of those 45 responses, the Magistrates’ Association of England and Wales put in its views and was consulted. It is reasonable to ask what form of consultation existed with that very distinguished body. Included in the 45 responses, is it reasonable to assume that the association for magistrates' clerks and executives—whatever name it now has—made a major submission? I would be surprised if it did not. Perhaps answers can be given in these proceedings.