Absolutely not. I have heard Ministers make such speeches in this House but I will take advice from the Clerks. I am very willing to sit down and to listen to all the debate but the idea was to make it clear where we were coming from. As is shown by the Marshalled List, the Government do not intend to accept any of the amendments tabled by my noble friend Lord Newton. That is abundantly clear. Whether the noble Lord wants to hear that at the end of the debate or now is a matter of choice but I will look to the Clerk for guidance.
I understand that if I want to speak early for the assistance of the House, it is fine. I hope that the noble Lord, Lord Borrie, will accept that and that we can go on. I do not see where it disrupts the debate and I look forward to his contribution, as I always do.
As I say, the abolition of the AJTC will have no direct impact on judicial independence or judicial decision-making. I want to make it clear that the AJTC is not a tribunal or any other form of judicial body. While it has observing rights, it is not an inspectorate and does not have the range of monitoring and reporting powers that an inspectorate would expect to have. The AJTC was set up to advise the Lord Chancellor, Ministers of the devolved Administrations in Scotland and Wales and the Senior President of Tribunals on administrative justice. One of the council’s functions is to keep under review the constitution and working of tribunals. However, we have moved on from a structure in which tribunals were funded by the department whose decisions they reviewed. We now have the unified Her Majesty’s Courts and Tribunals Service supporting the majority of central government tribunals and ensuring that tribunal users have access to timely and effective justice. Previously disparate management, procedures, appeals and funding mechanisms are now administered centrally by the Ministry of Justice. There are also a number of ways by which ministerial accountability is assured for the performance of Her Majesty’s Courts and Tribunals Service, further reducing the need for the kind of oversight that the AJTC provides.
The Ministry of Justice is committed to maintaining and developing its overview of the end-to-end administrative justice system. It is working with other departments and the devolved Administrations in Scotland and Wales to ensure that there continues to be a UK-wide overview of administrative justice. It also has close links with the Cabinet Office, which leads on ombudsman policy.
Much is made of the AJTC’s ability to offer independent advice and I understand the principle; it is an important one. However, independence must be weighed against the effectiveness of such bodies if being so far removed from the centre means that they lack the ability to influence and drive change. I urge this House to view the Government’s proposals for administrative justice policy in this light.
It is my belief that officials are well placed to provide Ministers with objective, expert and impartial policy advice on administrative justice matters. That is what officials do in every other justice policy area. Officials have forged links with stakeholders in the administrative justice field that will enhance their role and capability. Indeed, the department intends to establish a group of administrative justice experts and key stakeholders, particularly those who represent the views of users. In practice, that will likely include those who practise or have practised in relevant fields. Such a group will provide a valuable forum for sharing information and best practice and will be used to test policy ideas and, initially, to help prioritise the administrative justice work programme.
Public Bodies Bill [HL]
Proceeding contribution from
Lord McNally
(Liberal Democrat)
in the House of Lords on Wednesday, 23 November 2011.
It occurred during Debate on bills on Public Bodies Bill [HL].
Type
Proceeding contribution
Reference
732 c1080-1 
Session
2010-12
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