Crime and Courts Bill [Lords]
Debate between Oliver Heald and Nigel Evans(11 years, 9 months ago)
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The Solicitor-General (Oliver Heald)
I beg to move amendment 22, page 17, line 21, at end insert—
‘Part 4A amends the selection procedure for certain senior judicial appointments until Part 4 of the Schedule is in force,’.
Mr Deputy Speaker (Mr Nigel Evans)
With this it will be convenient to discuss the following:
Government amendments 10 to 21.
Amendment 100, page 224, line 42, schedule 13, at end insert—
‘Each of the Lord Chancellor and the Lord Chief Justice must at all times engage in a programme of action which is designed—
(a) to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in England and Wales;
(b) to require the Lord Chancellor and the Lord Chief Justice of England and Wales, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in England and Wales is available for consideration by the Judicial Appointments Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office.’.
Government amendments 23 to 59.
New clause 7—Enforcement services
‘(1) The Legal Services Act 2007 is amended as follows.
(2) After section 125 insert—
125A (1) For the purposes of this Part (and sections 1, 21 and 27 as they apply in relation to this Part)—
(a) the Bailiffs and Enforcement Agents Council is to be treated as an approved regulator;
(b) enforcement services are to be treated as a reserved legal activity;
(c) a person authorised under sections 63 and 64 of the Tribunals Courts and Enforcement Act services is to be treated as an authorised person in relation to that activity;
(d) the Bailiffs and Enforcement Agents Council is to be treated as a relevant authorising body in relation to such a person, and
(e) regulations under the Tribunals Courts and Enforcement Act 2007 and the National Standards for Enforcement Agents are to be treated as regulatory arrangements of the Bailiffs and Enforcement Agents Council as an approved regulator.
(2) For the purposes of sections 112 and 145 (as extended by this section), a person authorised under sections 63 and 64 of the Tribunals Courts and Enforcement Act, is to be treated as a “relevant authorised person” in relation to the Regulator.”.’.
New clause 17—Protection of vulnerable debtors
‘(1) At any time after a notice required under paragraph 7, Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 is served on a debtor, the debtor may apply to the court to stay or suspend the notice on terms on either of the following grounds—
(a) the enforcement action being taken is disproportionate to the debt and circumstances involved; and
(b) the debtor’s goods may be insufficient in value to satisfy the debt involved.
(2) The court may, in its discretion and if satisfied with the above grounds, suspend or stay any judgment or order given or made in prior proceedings for such time and on such terms as the court thinks fit.
(3) Enforcement proceedings under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 are proceedings for the purposes of section 71(2) and section 88 of the County Court Act 1984.
(4) Subject to the regulations under section 64 of the Tribunals, Courts and Enforcement Act 2007 complaints against holders of certificates shall be considered by a designated judge and may include both complaints regarding compliance with the terms of certification as well as the exercise of legal powers under the Tribunals, Courts and Enforcement Act 2007. Further to which—
(a) the designated judge may, on consideration of a complaint, exercise powers under section 64 to suspend or cancel a holder’s certificate; and
(b) the designated judge shall publish an annual report.
(5) The Lord Chancellor shall periodically review data concerning complaints against holders of certificates, update guidance where evidence of bad practice arises and respond to any recommendations set out in a report under subsection 2 within six months.’.
Government new clause 5—Supreme Court chief executive, officers and staff.
Government new clause 6—Making and use of recordings of Supreme Court proceedings.
Government amendments 60, 77 to 80, 82 and 83.
The Solicitor-General
I shall start by speaking to the Government amendments, but I should also like to hear the comments of the right hon. Member for Blackburn (Mr Straw), the hon. Member for Darlington (Jenny Chapman) and my hon. Friend the Member for South Swindon (Mr Buckland), if he arrives. I shall start with amendments 22, 57 and 58.
As hon. Members will be aware, the Government are making a number of changes to the judicial appointments process, including to the selection process for the Lord Chief Justice and the heads of division. As part of the changes, the details of the selection process that are currently in the Constitutional Reform Act 2005 will move into secondary legislation. There are many reasons for doing that, and many improvements are being made. There is an urgency to this, however, because the Lord Chief Justice is about to retire and we hope that it will be possible to deal with the new appointment and any consequential appointment of a head of division under the new system rather than the old. The amendments aim to achieve that by briefly inserting the new selection process into the 2005 Act, so that it applies to the appointment of Lord Judge’s successor. I must stress that it will be a transitory measure and will cease to have effect after the appointment of the next Lord Chief Justice and any consequent head of division. It is then intended that the secondary legislation will follow.
Amendments 25 to 55 deal with the technical aspects of the change to the Lord Chancellor’s role in the judicial appointments process, including the transfer to the Lord Chief Justice or the Senior President of Tribunals, as appropriate, of the power to decide upon selections made by the Judicial Appointments Commission for certain judicial offices below the High Court. The Government intend to retain the Lord Chancellor’s role in all other aspects of these appointments, particularly terms and conditions for fixed-term judicial appointments where a fee is paid. However, the Bill currently transfers the power to renew, or to refuse to renew, fixed-term judicial appointments to the Lord Chief Justice and Senior President of Tribunals. Amendments 25 to 55 therefore amend schedule 13 so that that power is retained with the Lord Chancellor. They ensure that, in exercising that role, the Lord Chancellor must, as now, if deciding not to renew a fixed-term appointment, comply with any requirement to secure the consent of the Lord Chief Justice or Senior President of Tribunals.
Amendments 23 and 24 also deal with the selection process for judicial appointments and the move from primary to secondary legislation. As part of these changes, the original idea was to move the requirement for there to be on the commission a commissioner with special knowledge of Wales into secondary legislation, but on further consideration, the Government decided that it was important to retain an appropriate level of input by a lay member of the commission with a special knowledge of Wales and that that requirement should remain in primary legislation. The amendments therefore reinstate the requirement in the 2005 Act that those selecting persons for appointment as commissioners should ensure, as far as practicable, that there is at least one lay commissioner with special knowledge of Wales.
Amendment 59 relates to the judicial deployment provisions in schedule 14. The objective is to give the Lord Chief Justice more flexibility in deploying judges to different courts and tribunals. That supports an important objective for the Government because it means that judges can be used efficiently. Individual judges will also benefit, if they have a wider breadth of experience and can develop their judicial careers as a result. The policy was brought forward in partnership with the judiciary and the aim has always been to move forward collectively in the delivery of our shared aims and objectives. After further consultation with the judiciary and further thought, it has been decided that the particular skills and experience needed in the Crown court mean that it should be removed from the flexible deployment provisions. Those matters should be dealt with by Crown court judges, as happens now.
Amendments 10 to 21 are technical and minor amendments dealing with the single family court provisions. I can be brief, because there is only one point of substance. At the moment, magistrates courts can vary maintenance orders registered with them, but because in future the family courts will be able to issue those orders, it is necessary to provide that magistrates will no longer have that variation power, which will lie with the family courts—a victory for the Committee, the other place and, of course, the Government.
New clause 5 relates to the appointment of the chief executive of the UK Supreme Court. I am confident it will be welcomed. A new clause along similar lines was tabled in the other place and again here in Committee. The Minister for Policing and Criminal Justice said at the time that we were going to discuss the matter with the powers that be. The appointments process for the chief executive of the UK Supreme Court has been discussed with the president of the Court, and I am pleased to report that those discussions have been successfully concluded, and the Government have therefore tabled the new clause with the Court’s agreement. Thus the president of the UK Supreme Court, not the Lord Chancellor, is responsible for the appointment of the chief executive. It is no longer necessary for the chief executive to agree the staffing structure with the Lord Chancellor, and the provision also clarifies that the Court’s officers and staff will be civil servants—something that needed to be done.
New clause 6 deals with broadcasting in the Supreme Court. To clarify matters, clause 28 expressly disapplies section 9 of the Contempt of Court Act 1981, which prohibits sound recordings in court, to facilitate court broadcasting below the UK Supreme Court. It looks odd not to confirm at the same time that the Supreme Court is able to be exempt, so new clause 6 achieves that. Let me be clear that this is about clarifying the matter; there is no question that this has caused any problem in the past.
Amendments 60, 77, 78 and 82 make consequential amendments. I now reach the point where I can say that I am looking forward to hearing the right hon. Member for Blackburn and other colleagues presenting their new clauses and amendments.
Local Government Finance
Debate between Oliver Heald and Nigel Evans
Mr Deputy Speaker (Mr Nigel Evans)
Order. Please could Members resume their seats? There is a lot of interest in this statement, so I ask Members to make their questions brief and ask only one question. I also ask Members to rise only if they were in the Chamber for the entirety of the statement. I call Mr Heald—
Oliver Heald (North East Hertfordshire) (Con)
My right hon. Friend the Secretary of State may wish to respond—
Mr Pickles
You can be forgiven for that mistake, Mr Deputy Speaker, as I do not recall a single question in the tirade from the right hon. Member for Don Valley (Caroline Flint).
I am grateful for the right hon. Lady’s welcome, but it seems that it was a pointless gesture to supply her with the statement so far in advance—well in advance compared to what Labour used to do—if she just reads out something that had clearly been typed long before she received it. She should not rely on The Times. She needs to understand what will happen after the first year. The tariff and a levy will continue.
Perhaps we can look at the issue in these terms. If the system is designed to punish our enemies and reward our friends, what will it mean for Doncaster, which includes the constituency of the Leader of the Opposition, the Opposition Chief Whip and the right hon. Lady? Under this system, Doncaster will do particularly well. It will do better under this system than it has for the last five years. Instead of the right hon. Member for Don Valley trying to invent reasons why things will go wrong, she should recognise that this is a way for her to stand up for the people of Doncaster and explain that it is a wonderful place to invest, with a great market and a wonderful rail link. She should get on the side of the people of Doncaster and stop opposing a system that will benefit them.
Oliver Heald
I welcome the message that councils should roll up their sleeves and help their local businesses to create jobs and growth, but can the Secretary of State assure me that the guide and scout hut—I am a guiding ambassador for my area—and all the voluntary bodies that currently get rate relief will continue to do so?
Finance Bill
Debate between Oliver Heald and Nigel Evans(13 years, 5 months ago)
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Oliver Heald
On a point of order, Mr Deputy Speaker. Is it in order for somebody to come into the Chamber towards the very end of a debate and then to start criticising how it has been conducted?
Mr Deputy Speaker (Mr Nigel Evans)
That is not a matter for me. I have just come into the Chair myself, as I am sure you observed, Mr Heald, so I am the last one to criticise anyone for just coming in and talking.