---

Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 92: 92: Clause 132, leave out Clause 132 The noble Lord said: My Lords, the terms of the amendment may appear rather dramatic, but the intention is simply to extract an undertaking from the Government. Clause 132 concerns judicial review. Its specific purpose is to give the administrative court, where it quashes the decision of a lower court or tribunal, power to substitute its decision for the decision of that lower court. Normally when the administrative court quashes a decision, the matter is remitted to the lower court for reconsideration. However, the Bill says that, in the light of the quashing, where the decision that the lower court will take is obvious—where there can be only one decision—the administrative court is entitled to take that decision. The Civil Procedure Rules, in particular Rule 54.19, contain a similar provision to the one in Clause 132, but its terms are cast much more widely than those in the Bill. I would like the Government to say that, when the Bill becomes a statute, they will use their best endeavours to ensure that the Civil Procedure Rules are amended so as to align their text with the text in the future Act. I beg to move.