UK Parliament / Open data

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

My Lords, I am once again grateful to the Minister and to other noble Lords for engaging in the argument for the amendments. I fully understand that this is all about efficiency, but that is not completely reassuring in the context of the biggest cuts to any department, even in a time of significant austerity.

I fear that the public outside this Palace think of the adjudication of contested matters in a court as a judicial function. That is the general perception of the public of what happens when there is a dispute between parties in the courts. It does not seem unreasonable to suggest, for example, that only a judge should be responsible in court for depriving someone of their liberty, or indeed, for making orders involving large sums of money. Noble Lords will forgive me for saying that even some of the more trivial decisions referred to by the noble Lord, Lord Marks, could be far less than

trivial in a given context. I am being offered the reassurance of the procedure rule committee, but delegating judicial functions to non-judges is not a matter of mere procedure.

I am afraid that I feel this is a question of principle, to which we may have to return again on Report. But for the time being, at least, I beg leave to withdraw the amendment.

Type
Proceeding contribution
Reference
792 cc888-9 
Session
2017-19
Chamber / Committee
House of Lords chamber
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