division_name: Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords] &#8212; Authorised court and tribunal staff: legal advice and judicial functions
motion: <p class="indent" pid="b310.2/2" pwmotiontext="yes">&#8220;Experience has shown that detailed restrictions on procedure are a very real fetter on the administration of justice.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-06-20">20 June</phrase> 2018; Vol. 791, c. 2039.]</p>
  
  <p class="indent" pid="b311.0/5" pwmotiontext="yes">&#8220;may apply in writing, within 14 days of the service of the order, to have the decision reconsidered by a judge of the relevant court within 14 days from the date of application.&#8221;</p>
  
  <p class="indent" pid="b311.0/8" pwmotiontext="yes">&#8220;The creation of an extensive right to have the decisions of Case Officers considered by a judge has from the outset been regarded as the natural safety valve for concerns about what was...described as the delegation of judicial functions to persons who are not judges&#8221;.</p>
  
  <p class="indent" pid="b311.0/12" pwmotiontext="yes">&#8220;In considering independence...guarantees against outside pressures are relevant&#8212;as is the question whether the body presents an appearance of independence&#8221;.</p>
  
  <p class="indent" pid="b311.0/14" pwmotiontext="yes">&#8220;case management decisions which it is proposed these authorised members of staff will be able to take will be uncontentious and not of sufficient importance to engage Article 6&#8221;.</p>
  
  <p class="indent" pid="b311.0/17" pwmotiontext="yes">&#8220;In future, we expect that authorised staff may be able to carry out a&#8230;range of&#8230;functions&#8221;</p>
  
  <p class="indent" pid="b311.0/19" pwmotiontext="yes">&#8220;including case management powers and some mediation roles.&#8221;</p>
  
  <p class="indent" pid="b313.0/6" pwmotiontext="yes">&#8220;a highly representative body with many representatives of the legal profession. Certainly, the committee will always try to reach a view by consensus&#8212;when I was a member of it for more than six years there never was a division; we always managed to agree.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-06-20">20 June</phrase> 2018; Vol. 791, c. 2039.]</p>
  
  <p class="indent" pid="b313.0/9" pwmotiontext="yes">&#8220;Experience has shown that detailed restrictions on procedure are a very real fetter on the administration of justice&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-06-20">20 June</phrase> 2018; Vol. 791, c. 2039.]</p>
  
  <p class="indent" pid="b313.0/12" pwmotiontext="yes">&#8220;There are two protected factors: one is that nothing can be done without it being in the rules, and the second is that the Lord Chief Justice needs to give his or her authorisation to the person who makes the decision.&#8221; .&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-07-20">20 July</phrase> 2018; Vol. 792, c. 887.]</p>
  
  <p class="indent" pid="b314.1/3" pwmotiontext="yes">&#8220;Whether it is right to provide in such clear terms, and such uncompromising general terms, for the circumstances and requirements for&#8221;</p>
  
  <p class="indent" pid="b314.1/5" pwmotiontext="yes">&#8220;Having chaired the Civil Procedure Rule Committee for three years, I can say, as has been quoted in relation to its criminal equivalent by my noble and learned friend Lord Thomas, that considerable care is given to ensure that all the requirements of justice are met. It is very rare, if ever, that I can remember a decision being arrived at which was not arrived at by consensus.&#8221;</p>
  
  <p class="indent" pid="b314.1/7" pwmotiontext="yes">&#8220;details should be worked out&#8230;by the rule committee&#8221;.&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-07-10">10 July</phrase> 2018; Vol. 792, c. 890 to 891.]</p>
  
  <p class="indent" pid="b317.3/2" pwmotiontext="yes">&#8220;the operation of the criminal, civil, tribunals and family procedures rule committees has enabled us far more than any other state to keep our rules up to date.&#8221;</p>
  
  <p class="indent" pid="b317.3/4" pwmotiontext="yes">&#8220;I urge the greatest caution in trying to put into primary legislation anything that restricts in this way the powers of the rule committees.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-10-16">16 October</phrase> 2018; Vol. 793, c. 425.]</p>
  
  <p class="indent" pid="b319.6/3" pwmotiontext="yes">&#8220;consequential, transitional, transitory or saving&#8221;</p>
  
  <p class="indent" pid="b324.4/2" pwmotiontext="yes">&#8220;a potential straitjacket on the ability to appoint the appropriate people to make appropriate decisions.&#8221;</p>
  
  <p class="indent" pid="b324.4/4" pwmotiontext="yes">&#8220;would be appropriate, but there will be others where less experience would be adequate for the decision-making.&#8221;&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-07-10">10 July</phrase> 2018; Vol. 792, c. 882.]</p>
  
  <p class="indent" pid="b324.4/14" pwmotiontext="yes">&#8220;we accept and acknowledge that one should not be able to ask for reconsideration simply because one disagrees with the decision of the authorised person; one must have a cogent reason. There must be proper grounds for requesting a reconsideration.&#8221;&#8212;[Official Report, Courts and Tribunals (Judiciary and Functions of Staff) [Lords] Public Bill Committee, <phrase class="date" code="2018-12-04">4 December</phrase> 2018; c. 17.]</p>
  
  <p class="indent" pid="b324.4/20" pwmotiontext="yes">&#8220;I support what the Government seek to do and urge a substantial degree of caution in respect of the proposals brought forward by the noble Baroness&#8221;&#8212;</p>
  
  <p class="indent" pid="b324.4/22" pwmotiontext="yes">&#8220;It gives discretion to a body that knows and has a lot of experience, but it contains that degree of explanatory accountability that will make sure that it does not do anything&#8212;even if we were to worry that it might&#8212;that goes outside a proper and just delegation&#8221;.&#8212;[Official Report, House of Lords, <phrase class="date" code="2018-10-16">16 October</phrase> 2018; Vol. 793, c. 425-26.]</p>
  
  <p class="italic" pid="b327.0/7" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b327.0/8" pwmotiontext="yes">Ayes 246, Noes 308.</p>