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Courts and Tribunals (Online Procedure) Bill (HL) 2017-19

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Courts and Tribunals (Online Procedure) Bill (HL) 2017-19 (56)

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Moved by

Lord Keen of Elie

1: Clause 1, page 2, line 2, at end insert—

“(3A) For the purposes of subsection (3)(a), regard must be had to the needs of those who require technical support in order to initiate, conduct, progress or participate in proceedings by electronic means.”

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c945
House
House of Lords

My Lords, I begin by thanking noble Lords for attending this debate. I extend my thanks to those noble Lords who have engaged with me on the Bill through its last stages,

The amendments in this first group are all about access to justice under the new online procedure, an important...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc945-6
House
House of Lords

Moved by

Lord Marks of Henley-on-Thames

2: Clause 1, after first “to” insert “providing for”

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c946
House
House of Lords

My Lords, I tabled the amendment to which my noble friend referred, Amendment 5 to government Amendment 4, because I did not believe that the government Amendment, helpful though it is, fully satisfied the clear intention set out by the noble and learned Lord, Lord Keen, that somebody who feels...

Member
Lord Beith (Liberal Democrat)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc948-9
House
House of Lords

My Lords, I thank the Minister and the Bill team for their very positive response to the concerns expressed around the House in Committee. I agree with all the points made by the noble Lords, Lord Marks and Lord Beith, and I support their amendments. I am particularly concerned about...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc949-950
House
House of Lords

My Lords, I shall say just a word or two in support of these amendments. Amendment 2, by adding the two words “providing for”, and Amendment 3, by removing the one word “technical”, would rather improve the clause. Amendment 5 improves government Amendment 4, which itself was an improvement. If...

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c950
House
House of Lords

My Lords, I too will speak to Amendments 3, 5 and 9A. In their Amendment 1, the Government accept that to secure accessible and fair court online practice and procedures, regard must be had for the needs of those who require support to initiate, conduct, progress or participate in electronic...

Member
Baroness Drake (Labour)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc950-1
House
House of Lords

My Lords, I declare my interest, as in the register, as an unpaid consultant with my former legal firm.

It is unusual for me to extend congratulations to the Minister, with whom it is usually an enjoyable conflict of arms over the Dispatch Box, but he has made it very clear...

Member
Lord Beecham (Labour)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc951-2
House
House of Lords

My Lords, I thank all noble Lords for their contributions to this debate. I propose to address Amendment 5, which touches upon government Amendment 4, and then go on to look at manuscript Amendment 9A and thereafter Amendment 7. I will also touch upon the two technical amendments, as they...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c952
House
House of Lords

I thank the Minister for that indication. I will not seek to move the amendment at this stage.

Member
Lord Beith (Liberal Democrat)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c952
House
House of Lords

I am most obliged to the noble Lord for that.

Perhaps I may turn to manuscript Amendment 9A, as distinct from Amendment 9, in the name of the noble Lord, Lord Marks. Again, I thank him for his extensive engagement with me and the Bill team over the last few days...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc953-4
House
House of Lords

My Lords, I will briefly address the Minister’s comments on my amendments. I had understood that Amendments 2 and 3 were accepted, but that discussion was before my Amendment 9A was drafted or accepted. I can see the point that having “providing for” in Amendment 1 may be rendered otiose...

Member
Lord Marks of Henley-on-Thames (Liberal Democrat)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c954
House
House of Lords

Moved by

Lord Keen of Elie

4: Clause 1, page 2, line 4, at end insert—

“(4A) The provision made under subsection (1)(a) must include provision for proceedings initiated at a court or tribunal by non-electronic means to be treated as initiated by electronic means, where the proceedings are processed by the court...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c954
House
House of Lords

Moved by

Lord Keen of Elie

6: Clause 2, page 3, line 20, leave out “consultation” and insert “concurrence”

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c954
House
House of Lords

My Lords, the amendments in this group deal with the issue of concurrence. Again, I thank noble Lords for their contributions on this topic

at Second Reading and in Committee, and for their continued engagement on the matter outside the Chamber. We listened to the points made in these discussions...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc954-5
House
House of Lords

My Lords, the Government have come a long way and I am now addressing not only the amendments put forward by the Government but Amendments 22 and 23. I begin by thanking the noble and learned Lord, Lord Keen, for kindly listening to what we had to say and for...

Member
Lord Judge (Crossbench)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc955-6
House
House of Lords

My Lords, I declare my interest as a practising barrister. I too thank the noble and learned Lord, Lord Keen, for the important amendments which he has tabled, which will ensure that the concurrence of the Lord Chief Justice is required under Clauses 2 and 3. However, I have added...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc956-7
House
House of Lords

My Lords, I do not know what answer the Minister will give to the pertinent question asked by the noble Lord, Lord Pannick, about the Clause 8 powers. The Lord Chief Justice might in some cases exercise the Clauses 2 and 3 powers to defy what the Lord Chancellor had...

Member
Lord Beith (Liberal Democrat)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc957-8
House
House of Lords

My Lords, I took some part in previous discussions of these matters in relation to the powers of the Lord Chief Justice and the fact that he—or she, if it happens to be so—is now the head of the judiciary and the Lord Chancellor is not. I am inclined to...

Member
Lord Mackay of Clashfern (Conservative)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 cc958-9
House
House of Lords

The noble and learned Lord says that it is not appropriate for the Lord Chief Justice to be involved in Clause 9 matters—that he is not relevant to that—but the clause makes him involved. It gives him a role because he has to be consulted, so he is not irrelevant...

Member
Lord Pannick (Crossbench)
Type
Proceeding contributions
Date
24 June 2019
Reference
798 c959
House
House of Lords