THE COUNCIL ON TRIBUNALS (Hansard, 1 December 1970)

§ LORD GARDINER
My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

§ THE LORD CHANCELLOR (LORD HAILSHAM OF ST. MARYLEBONE)
My Lords, the Government are grateful to the Council for this useful Report which is generally acceptable, though I cannot commit them to agreeing to every suggestion it contains. I have had a long and helpful discussion with the Council on the points made in paragraph 48 of the Report. I sympathise with the Council's views, to which I am giving careful consideration.
As to paragraph 55, an appropriate note will, when the standard form of notice is reprinted, be included which will inform appellants of their rights to be given the reasons for a local valuation court's decision and the clerks to local valuation panels are being urged by my right honourable friend to provide for ratepayers a full explanation of the courts' functions.
The Council did not make any final recommendation in paragraph 73 and, as is there stated, the matters in question are under discussion with my right honourable friends. As the noble and learned Lord will see from paragraph 78 of the Report, the Council's earlier recommendation to which paragraph 76 refers will be covered by the general review, 387 now instituted by the Council, of the whole practice governing the appointment of inspectors and assessors. For this purpose the Council is consulting the Departments principally concerned and we had perhaps better await the outcome.

§ LORD GARDINER
My Lords, I thank the noble and learned Lord very much for that Answer. May I ask him whether he does not agree that, where a Government Department is initiating legislation in the field of the Council on Tribunals, the Council ought to be advised in time before the final form of the legislation is determined; and, if so, whether there is any difficulty in the Government's ensuring that that happens?

§ THE LORD CHANCELLOR
My Lords, I think I would agree, and I do not think there is any more difficulty than there was when the noble and learned Lord was Lord Chancellor.

§ LORD GARDINER
My Lords, may I ask the noble and learned Lord whether he further agrees that there ought to be some machinery whereby the Council's advice may be made available to Parliament at the time when the legislation is being considered?

§ THE LORD CHANCELLOR
My Lords, this is a more difficult question. It obviously raises controversial issues to ask a Minister in any Government to introduce legislation and at the same time publish advice which may be inconsistent with the legislation introduced. I think the best plan is to allow one to work through these suggestions. If in fact the Lord Chancellor's Department is to act as the spokesman inside Government circles for the Council, I think it is better to keep their advice confidential in matters of proposed legislation.

§ LORD GARDINER
My Lords, on that point would the noble and learned Lord bear in mind that it is already the practice in the field of the National Insurance Advisory Committee for their advice to be available to Parliament at the time Parliament is considering the legislation?

§ THE LORD CHANCELLOR
My Lords, there are many analogies in the field. The Law Commission, for instance, would be out of business if it did not publish its reports very fully be- 388 fore legislation is considered. But not all these analogies are helpful and we must, I think, gain experience as we go along.

§ BARONESS BURTON OF COVENTRY
My Lords, while declaring an interest, may I ask whether it is not obvious to the House how very fortunate the Council on Tribunals is both in the present Lord Chancellor and in his immediate predecessor? We are very appreciative.