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Tribunals, Courts and Enforcement Bill [HL]

My Lords, the intention of the Bill is not to revisit the territory to which I think the noble and learned Lord is implicitly referring. The intention is to refer to the upper tier of the tribunal issues that are currently dealt with by the High Court; for example, specific tax questions or vires questions about, say, social security, and some immigration questions that, with the agreement of the Chief Justice and the Lord Chancellor, would be better dealt with by tribunals. It is not intended at all to oust judicial review in the sorts of area to which the noble and learned Lord is referring. Perhaps I may give more detail on that. The intention is certainly not to do by the back door that which we withdrew by the front door. Finally on tribunals, Clause 26, paragraph 42 of Schedule 8 and Clause 133 make it easier for those who are awarded compensation as a result of a tribunal decision or an ACAS-brokered settlement to have that award or settlement enforced. We believe that that will further increase confidence that justice can be delivered effectively. I move from tribunals to judicial appointments, which are not to tribunals but to the courts. Part 2 amends the minimum eligibility requirements for judicial appointments. Under it, eligibility for becoming a judge will comprise three elements. First, the applicants will have to be suitably qualified as a barrister, solicitor or, for some appointments, legal executive, patent agent or trademark attorney. Secondly, they must have held this qualification for seven or five years, depending on the post. That will be a reduction from the current 10 and seven-year qualification periods. Thus the qualification required for circuit and High Court judges will be reduced from 10 to seven years and the qualification for district judges from seven to five years. Tribunal appointments will also be changed in this way. Thirdly, during this qualifying period they must have gained post-qualification legal experience. This would include, for example, practice or employment as a lawyer, acting as an arbitrator or mediator, carrying out judicial functions, or teaching or researching law. These changes will increase the pool of those eligible for application and appointment, particularly by enabling fellows of the Institute of Legal Executives, patent agents and trademark attorneys to become eligible to apply for judicial office, and by shortening the qualifying time period. But the changes will also ensure that those in the pool have actually been engaged in legal work after qualifying. Overall, I have no doubt that the numbers in the pool will increase. Of course all appointments will continue to be made on merit and merit alone. This remains the test of suitability.