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Tribunals, Courts and Enforcement Bill [HL]

I understand the noble and learned Lord’s position. We are clear that we do not want to include them at present, for the reasons I have indicated, which he is obviously at complete liberty to not accept. It seems to me that we have no case to include them now, for the reasons that are obvious about the nature of the cases concerned and the desire to continue with cases, because that would definitely be what those applying for cases would wish. We know that; they are very different at present. We are dealing with a very particular time in terms of asylum and immigration cases, and with very particular issues. We do not yet have the expertise of having done what we propose to do in the legislation. All that I was suggesting to the noble and learned Lord was that we wanted to make sure that we did not rule this out for ever. If there came a point when we ought to look at it, in the view of the Lord Chief Justice and the Lord Chancellor, we should be able to. Cases and circumstances change. Certainly, within asylum and immigration cases, we see that circumstances have changed radically over several years. The noble and learned Lord is at liberty to say that we should wait for the next passing piece of legislation; my experience is that you can wait a long time, and one should have the opportunity to think about how well the system is working and the nature of future cases. That is the reason. We were not seeking to do anything for which he would rightly accuse us of back door-ism, and for the present we have no intention of including such cases. None the less, we want to be sure that in future there will be the opportunity for us all to consider the matter again.