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Proceeding contribution from Lord Taylor of Holbeach (Conservative) in the House of Lords on Monday, 29 November 2010. It occurred during Committee of the Whole House (HL) and Debate on bill on Public Bodies Bill [HL].


Public Bodies Bill [HL]

We have no reason to suppose that that will happen. We are talking to the devolved authorities about this whole business. Indeed, the Scottish Parliament has already passed its own public bodies review, which has been running for two years now, so it is not a strange thing for people involved in Scottish politics to come to terms with a Bill such as this. To return to my remarks, one of the council's functions is to keep under review the constitution and working of tribunals. That function dates back to the AJTC’s predecessor body, the Council of Tribunals which, as noble Lords have said, was established by the Tribunals and Inquiries Act 1958. That Act was the result of Sir Oliver Franks’s report on administrative tribunals and inquiries, which was published in 1957. The tribunals landscape has changed immensely since the late 1950s, and much of that change has been relatively recent. I hope that I have paid adequate tribute to the previous Government’s work in that regard. Sir Andrew Leggatt’s 2001 review, Tribunals for Users, calls for a more unified tribunal structure supported by an independent Tribunal Service. April 2006 saw the beginning of that. The Tribunal Service was set up to administer the tribunals within the Department for Constitutional Affairs. Then came the Tribunals, Courts and Enforcement Act, which received Royal Assent in 2007. The main effects of this legislation included the creation of a new, simplified, statutory framework for tribunals to provide coherence and enable future reform and the unification of the tribunals’ judiciary under the Senior President of Tribunals. It was envisaged that the AJTC, set up under the 2007 Act, would advise on the development of the Tribunals Service and be able to offer proposals for change. This the AJTC did, first under the very capable leadership of my noble friend Lord Newton and more recently under the chairmanship of Richard Thomas. It has played an important role in helping in the creation of the Tribunals Service and deserves proper recognition for this. However, we have now moved from a structure in which tribunals were funded by the departments whose decisions they reviewed, which left appellants feeling they were always at an away match. We now have a unified Tribunals Service which is well established, supporting the majority of central government tribunals, and run by the Ministry of Justice. So I believe that the AJTC has served its purpose in helping to set up the unified service. The review of public bodies that the Government have undertaken has resulted in agreement that remaining central government tribunals outside the Tribunals Service will either transfer in or will be considered for transfer in. In addition, the development of tribunals policy—


Secondary information

Type
Proceeding contribution
Reference
722 c1333-4 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Devolved matters Accountability Administration of justice Assets Business Closures Environment Hazardous substances Food Standards Agency Local government Ministerial powers Property transfer Public bodies Pesticides Ombudsman Non-departmental public bodies National parks Scotland Tribunals Sustainable development Wales Regional development agencies Advisory Committee on Pesticides Administrative Justice and Tribunals Council Local enterprise partnerships Advisory Committee on Hazardous Substances
Legislation
Public Bodies Bill (HL) 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk