HL Deb 14 July 1999 vol 604 cc480-1

(". In section 62 of the Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (4) insert—

"(4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates' courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction."").

Lord McIntosh of Haringey

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 114. I shall speak also to Amendments Nos. 115, 131, 202, 205 and 206. Amendment No. 114 adds a new clause to the Bill which gives the Lord Chancellor the power to direct a magistrates' courts committee to implement a recommendation made by Her Majesty's Magistrates Courts Inspectorate.

Magistrates courts committees are responsible under statute for the efficient and effective administration of the magistrates' courts for their areas. MCCs are made up almost entirely of lay magistrates and, supported by the justices' chief executive, provide local management of the magistrates' courts. The Government value and intend to preserve that.

Under the 1997 Act the Lord Chancellor currently has powers to require MCCs to act in accordance with directions. He can set performance standards and make regulations requiring committees to produce reports and plans and also make regulations requiring them to keep prescribed accounts. If an MCC fails to discharge a statutory duty the Lord Chancellor has the default power to remove one or more members of the committee and if the failure continues, to remove the whole committee.

MCCs are subject to inspection by the Magistrates' Courts Services Inspectorate. If an MCC is failing the inspectorate will invariably be asked to make a special report. All reports include recommendations for improvement. In most cases MCCs take steps to improve. However, there have been cases in which action has been inadequate. The new power will give the Lord Chancellor a means of dealing with cases of this sort by directing that that the recommendation be complied with. The default power to remove members of the committee will be available if the Lord Chancellor's direction is not complied with. This fits into a graduated response to an MCCs failure. The Lord Chancellor does not intend to use it as a matter of routine but only when, for example, he considers that an MCC has had the opportunity to take action but has failed to do so. The new clause inserted by Amendment No. 115 complements the power to require magistrates' courts committees to administer magistrates' courts in an efficient and effective manner. It enables the Lord Chancellor to introduce a code of conduct to be followed by members of magistrates' courts committees and the panels that select them.

Amendment No. 115 provides the Lord Chancellor with the power to introduce a code of conduct and, should it ever become necessary, remove individual members of courts' committees or selection panels who fail to comply with the code. It is only right that individuals, as well as the whole body, should be accountable for their actions.

Amendment No. 131 ensures that the new clause will come into force two months after Royal Assent. Amendments Nos. 202, 205 and 206 make consequential changes.

Moved, That the House do agree with the Commons in their Amendment No. 114.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.