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Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009

My Lords, I see the order as sensible. It removes unnecessary complication. As the Minister said, it is a matter likely to cause confusion when we have a system that involves an appeal to the High Court in some cases and what is in effect an appeal by way of case stated in others. It also seems to be reasonable to transfer appeals from the High Court to the county court. The noble Lord, Lord Kingsland, referred to Sections 55 and 56 of the Access to Justice Act. They are two sections that will come before your Lordships' House in business fixed for tomorrow, in which they are likely to be matters of some importance. In this case, I am prepared to accept that it is reasonable for appeals to be transferred to the county court. That reduces the pressure on the Bench, although that pressure seems not to be very great at present. It also has some practical advantages. For example, county courts are likely to reduce the distance of travel for parties and their lawyers and to reduce the costs. That is an important factor, particularly now that the Government have gone such a long way towards strangling civil legal aid. I note, as did the noble Lord, Lord Kingsland, paragraphs 3.7 and 3.8 of the Explanatory Memorandum. They raise possible legal doubts about the powers under Section 56 of the Access to Justice Act and the proposals under the order to convert the case stated into an ordinary appeal. I see no reason here to differ from the view of the Ministry of Justice, as expressed in the memorandum, that the process is legitimate. If it is not, that is a problem that the Government will have to face up to. The order makes minor but relatively useful changes, on balance. I am therefore prepared to accept it as it stands.