We also think that the provisions in Clauses 76 and 77 are unnecessary and in fact ought to be removed from the Bill.
The Bill requires the Tribunal Procedure Committee to give the tribunals the power to fine individuals exercising a right of audience or a right to conduct litigation, or an employee of such a person, for “improper, unreasonable or negligent” behaviour. There are issues about wasted costs. As has been said, this change could certainly affect the willingness of lawyers and solicitors to take on difficult cases for fear of risking personal financial liability. As far as we are concerned, the immigration tribunals already have all the case management costs and referral powers that they need to control their own procedure.
In Committee I asked how many of the cases dealt with by the immigration tribunal over the last 12 months fall within the category of unreasonable behaviour, for which the Government would expect these costs orders measures to be activated. I thank the Minister for his letter in response, which states in the second paragraph that:
“It is not, however, possible to say how many cases dealt with by the Tribunal within this period fell within the category of unreasonable behaviour. This is because we do not hold data on
the number of cases where behaviour or circumstances could have been considered unreasonable, but where no costs order was sought, or considered by the tribunal of its own initiative.”
I have to say that that letter simply confirms that the Government have no hard evidence to support their assertion that the provisions of Clauses 76 and 77 are necessary, because of the reasons set out in the letter, which I quoted and which indicate a certain paucity of hard evidence to support the Government’s position.
I will be interested in the Government’s reply to see whether they challenge my interpretation of the content of the letter of 3 March which the Minister was good enough to send to me. However, certainly, in the absence of a government response saying that their letter did provide the hard evidence to back up their view that the provisions of Clauses 76 and 77 are necessary, I must say that it is very difficult to understand why they are bringing forward the provisions outlined in those clauses.