---

Tribunals, Courts and Enforcement Bill [HL]

My Lords, we on these Benches strongly support the principle that lies behind the amendment of the noble and learned Lord, Lord Lloyd. We note that he wishes to add some words and perhaps we can reach the consensus to which the noble Baroness referred a short while ago. The principle is absolutely fundamental. It is a bulwark of our constitution—although that may be a hackneyed phrase—that we have the High Court to check government through the judicial review process. In no other sort of case is there such a direct clash between the Government and the court, which acts to protect the individual. It would be wrong to weaken that principle in any way, simply because we are seeking to extend the jurisdiction of the courts by this tribunals Bill—we are trying to increase the profiles of tribunals in an important way and to have a rational consensus as to how they should work. But it would be wrong to allow the principle that has lasted a thousand, or at least very many, years to be weakened with a Bill such as this. The names of the prerogative writs—certiorari, mandamus and the rest of them—are absolutely fundamental to our law. I look forward to hearing what the noble and learned Lord can agree with the noble Baroness or, if they cannot agree, to seeing what he brings forward at Third Reading, when he will have our support.