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Tribunals, Courts and Enforcement Bill [HL]

My Lords, my name is also affixed to Amendments Nos. 1 to 5. Clauses 15 to 21 introduce a remarkable constitutional innovation. For the first time, the power to exercise judicial review jurisdiction has been delegated to a judicial level other than the High Court. That is, as a matter of principle, a remarkable change. For that reason, the noble and learned Lord, Lord Lloyd of Berwick, and I introduced an amendment on Report requiring that the only judges to sit on the upper tribunal to hear judicial review matters be High Court judges—that is the High Court judges who sit in the Crown Office, now renamed the administrative court, to hear judicial review matters. We were reluctant to dilute this principle. However, as is his duty, the Lord Chief Justice has pointed out that the volume of business likely to ensue in the upper tribunal in relation to the number of available High Court judges will, inevitably, mean that, in some circumstances, judges other than High Court judges will be required to sit. That is why the amendment has been modified in this way. The Lord Chief Justice is squarely on the face of the Bill and his responsibility is engaged to ensure that those judges, other than High Court judges, who will sit in the upper tribunal to hear judicial review matters, are of appropriate rank and quality. I should like to underline everything that the noble and learned Lord, Lord Lloyd, has said about his satisfaction with the conclusion that has been reached. I am likewise satisfied.