Draft Online Procedure Rules (Specified Proceedings) Regulations 2025

Kieran Mullan Excerpts

Monday 17th March 2025 General Committees

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Harris.

As the Minister outlined, the statutory instrument we are considering is enacting legislation to facilitate the work of the OPRC, which was established by the previous Government under the Judicial Review and Courts Act 2022 to make rules governing the practice and procedure for specific types of online court and tribunal proceedings across the civil, family and tribunal jurisdictions. For that reason, we will not oppose the legislation, but, as the Minister would expect, I seek some assurances from her to ensure that implementation is as smooth as it can be.

We must ensure that the efficiencies introduced by the legislation do not come at the cost of access to justice and procedural fairness. I know that the OPRC will be mindful of that in the rules it puts in place, but we have learned painfully over recent weeks how important the watchful eye of the democratically elected Government is.

A key concern relates to the digital possession service introduced by the Renters’ Rights Bill, which will rely on the rules set by the OPRC. The Secondary Legislation Scrutiny Committee has highlighted concerns that the necessary procedural rules may not be in place when the Bill comes into effect. The Ministry of Justice has stated that the rules will be laid “in time”—that is the only phrase it has used—to enable the digital service to operate, yet it has failed to provide a definitive answer as to when the rules will be published. Any misalignment between primary legislation and procedural rules could create legal uncertainty, potentially undermining both the effectiveness of the digital service and access to justice. I must press the Minister for a clear timeline for publication of the rules derived from these draft regulations.

I also understand that concerns have been raised about overlapping rule-making jurisdictions with the Civil Procedure Rule Committee or the Family Procedure Rule Committee, for example. I am sure the Minister knows that was the main concern raised by the judiciary during the consultation period. What steps are being taken to ensure that no confusion will arise about which sets of rules will take precedence?

Finally, digital justice must not become a barrier for those lacking digital literacy or access to necessary resources, and the rules will be key to that. I note that no impact assessment has been made for the draft regulations, as they are believed to have no significant impact on the private, voluntary or public sectors, but of course the rules could have an impact when they are put in place. I therefore urge the Government to monitor the effects of this change, and others introducing further technological solutions, to ensure that there are no unanticipated, unintended consequences. We must ensure that no one, whatever their means, whether they are technically savvy or otherwise, is in any way adversely affected by the move to digitally driven services. I look forward to the Minister’s response.