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

My Lords, the noble Lord does not know how close I was to taking, or how dangerous I thought it might be if I were to take, the adjective any further. I could again go through what the Explanatory Memorandum says and point out, although not as clearly as the noble Lord, the logic of the ministry’s position. We do not lack confidence in our judgment here—I must make that absolutely clear—and the noble Lord will not be surprised to hear that there will be no chance to look at this order again because it is due to come into force very shortly and, I understand, there will be practice directions from the President of the Family Division and the Lord Chief Justice very soon. However, we will see how this works, and the noble Lord can rest assured that if any injustice is done either in second appeals or in a case stated, we will reconsider the matter at some stage in the future. We need to give the order a chance. It simplifies the system. It also simplifies the case-stated system in that it is not necessary to get written reasons given by the magistrates, although they will be encouraged to give reasons in each case. Under the case-stated provisions across the law, as I understand it, magistrates could simply refuse to give reasons, and they might or might not be ordered by the High Court to give them. We are confident that this is a good move for family justice, and once again I commend the statutory instrument to the House. Motion agreed. Sitting suspended.