Proceeding contribution from Lord Bellingham (Conservative) in the House of Commons on Wednesday, 27 June 2007. It occurred during Debate on bill on Tribunals, Courts and Enforcement Bill [Lords].
Tribunals, Courts and Enforcement Bill [Lords]
That is a good question. I believe that employment tribunal cases should come under the same system as other tribunals. We must consider cost, and I am keen to bear down on the cost of legal aid. We have held a lengthy debate on the matter and I do not support the Government’s changes. However, we could bear down heavily on, for example, the cost of expert witnesses in parts of the legal system, and more heavily on the cost of highly complex criminal cases. We could examine what some of the top criminal QCs earn—parliamentary questions on that were answered this week, showing some extraordinary figures. There is a world of haves and have-nots. Top QCs earn a vast amount of money while junior barristers earn little and can hardly make a living. I would therefore include employment tribunals in the entire tribunal system. Let me consider amendment No. 9. My hon. Friends and I believe it is one of the most important amendments that we will consider this afternoon. It would remove the general commissioners for tax from the new unified structure, which sets up the new tribunal system. Conservative Members support the new unified tribunal structure, which is the result of a huge amount of preparation and work, flowing from the Leggatt report, Green Papers, much debate and a great deal of pressure from the different Departments that sponsor tribunals. It makes sense to try to bring the tribunals together into a unified system and have cross-referencing of infrastructure. Judges will also be able to be more versatile. However, I should like the Minister to reflect on what the general commissioners do. There are roughly 2,000, with 214 clerks. The hon. Member for North Southwark and Bermondsey said that there were 244, but I believe that the figure is 214; perhaps we both misread the letter from Susan Balchin, who is secretary of the Association of Clerks to the General Commissioners of Income Tax. The general commissioners do a superb job. They are lay people and volunteers, who sit in the nearest town to where the taxpayer who will have a hearing lives. The appellant—the taxpayer—can therefore go to the local town and appear before general commissioners who are local, lay, unremunerated people with common sense. The system is based on informality and an understanding that the appellants’ problems will be sorted out by lay people who understand the community. It could be a farming community, an industrial community, a community that consists mainly of retired people or one that is part of an inner city. The essence of the current system is that lay commissioners understand the community from which the appellants come and sit in judgment in an informal, unintimidating atmosphere on the appeals of those who have problems with their tax affairs. I am fortunate, because so far I have never had a tax appeal, touch wood. I do not know whether any of my hon. Friends have had a tax appeal, but we all have constituents who experience problems with their taxes. We have all experienced constituents coming to our surgeries with a pile of papers probably 4 ft high, and extraordinarily complex tax problems. If they want to appeal against Her Majesty’s Revenue and Customs, they can take the case to the general commissioners, who are local people. That process will be replaced by a tribunal system, chaired by a judge with a professional clerk. It will be much more intimidating and far more formal. Furthermore, it will be much more remote because the new tribunals will sit at regional centres. Those presiding will not have the local knowledge, which is now so important. Let us not forget that the lay commissioners give their services on a pro bono basis; they get only some expenses. They have local knowledge and their positions have existed for 200 or 300 years. The current system builds on the best in localism—choice and flexibility. That is what my party stands for.
Secondary information
- Type
- Proceeding contribution
- Reference
- 462 c374-5
- Session
- 2006-07
- Chamber / Committee
- House of Commons chamber
- Subjects
- Administration of justice Debts Artworks Debt collection Courts martial Fees and charges Enforcement Legal aid scheme Judiciary Judges Law Commission Pay Public appointments Park homes Tribunals Regulation Retirement Uniforms
- Legislation
- Tribunals, Courts and Enforcement Bill (HL) 2006-07
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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