Oral Answers to Questions

Bob Russell Excerpts

Tuesday 15th February 2011 Commons Chamber

[Mr Clarke]

We have firmly and urgently committed ourselves to establishing the commission in the year 2011.

[Bob Russell (Colchester) (LD)]

12. What advice his Department provides to members of tribunals hearing appeals against decisions on the award of disability living allowance.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The Ministry of Justice does not provide any advice to members of tribunals, because the judiciary is entirely independent of the Government.

[Bob Russell]

Well, I suggest that it is about time the Department did something. It has only to look at the case of Mr Robert Oxley, which I raised at Prime Minister’s question time last month. The Minister would do well to look at the records of the tribunal in Colchester, and particularly at the cases heard by Mrs Hampshire.

[Mr Djanogly]

I must emphasise to my hon. Friend that it is not for Ministers to adjudicate on judges’ behaviour, because they are independent of the Government. I can tell him, however, that tribunal members undertake annual refresher training, which enables them to carry out their duties effectively. Any appellant who is unhappy with the decision of a tribunal can appeal to the upper tribunal. If an appellant is unhappy with the conduct of the panel, or a member of the panel, they can make a complaint to the regional judge.