Draft Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020

Alex Cunningham Excerpts

Monday 13th July 2020 General Committees

[Alex Cunningham (Stockton North) (Lab)]

Thank you very much, Ms Eagle. This is also the first time that I have served under your chairmanship. It will be a brief service on this occasion.

I thank the Minister for summarising the purpose of the statutory instrument, which in the Opposition’s view makes perfect sense and brings the procedures of the Competition Appeal Tribunal—the CAT—into line with other courts and tribunals, and corrects the Government oversight that he mentioned. We support the important provisions contained within the Coronavirus Act 2020 to allow the use of video and audio technology in courts and tribunals. That allowed for cases to be heard remotely, as well as for certain proceedings to be broadcast, and in so doing upheld the vital principle of open justice.

As we know, although those provisions extend to the High Court and other tribunals, they did not extend to the CAT. As a result, CAT proceedings currently take place effectively on a closed basis. If someone wishes to observe the proceedings, they must register their interest with all parties to the proceedings, and that request must then be approved. That is, in effect, an obstacle to open justice.

As a result of that problem, there is a real risk that the legitimacy of proceedings before the CAT could be challenged, on the basis that they have not been conducted in accordance with the rules of the tribunal. That real risk must be avoided, and for that reason, Labour supports the draft order, which will enable the tribunal to continue to carry out its statutory functions in accordance with its own rules, and in public. It is vital that the concept of open justice be defended, and that all proceedings in all courts and tribunals that were available to the public before coronavirus are still open to the public today.

I have, however, a few questions for the Minister. First, how will he ensure that there is full access to justice, with an ability to participate fully for all those involved, and particularly those who take part remotely? Secondly, what plans does he have to monitor the effects of the provisions of the draft order to ensure that they operate as they should and that there are no unintended consequences? Finally, will he update the Committee on the current backlog of work facing the Competition Appeal Tribunal and his plans to deal with it?