Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

John Bercow Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

Consideration of the Bill, as amended in the Public Bill Committee

[Mr Speaker]

I should inform the House that I have selected the amendments on the amendment paper—although they are starred as tabled after the usual deadline—because of the late notice of today’s business. I should also inform the House that I have today issued a provisional certificate that clause 2 of the Bill, as amended in Public Bill Committee, relates exclusively to England and Wales and is within devolved legislative competence. At the end of the Report stage on a Bill, I am required to consider the Bill as amended on Report for certification. At that point, I will issue my final certificate.

Clause 3

Authorised court and tribunal staff: legal advice and judicial functions

[Yasmin Qureshi (Bolton South East) (Lab)]

I beg to move amendment 1, in page 3, line 28, leave out subsection 3 and insert—

“(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.”

This amendment would require that where statutory instruments delegating judicial functions to authorised persons are brought they would be subject to the affirmative procedure.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, in the schedule, page 6, line 36, at end insert—

“(aa) is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”.

This amendment would stipulate that the minimum legal qualifications for authorised persons should be three years’ experience post-qualification.

Amendment 3, in the schedule, page 8, line 31, at end insert—

“( ) is a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification, and”.

See explanatory statement to amendment 2.

Amendment 4, in the schedule, page 11, line 12, at end insert

“and if they are a qualified solicitor, barrister or chartered legal executive with more than three years’ experience post-qualification”.

See explanatory statement to amendment 2.

Amendment 5, in the schedule, page 11, line 32, leave out subsection 67C and insert—

“67C Right to judicial reconsideration of decision made by an authorised person

A party to any decision made by an authorised person in the execution of the person’s duty as an authorised person exercising a relevant judicial function, by virtue of section 67B(1), may apply in writing, within 14 days of the service of the order, to have the decision reconsidered by a judge of the relevant court within 14 days from the date of application.”

This amendment would grant people subject to a decision made under delegated powers a statutory right to judicial reconsideration.