HL Deb 21 May 1999 vol 601 cc623-4

4.45 p.m.

Baroness Amos rose to move, That the draft regulations laid before the House on 4th May be approved [18th Report from the Joint Committee].

The noble Baroness said: My Lords, the two draft amendments before the House are both to Regulation 36 of the Social Security and Child Support (Decision Making and Appeals) Regulations 1999. Your Lordships may recall that when we debated these regulations on 23rd March, my noble friend Lady Hollis of Heigham said that we were looking again at Regulation 36. We wanted to make sure that it delivered our intention that all appeals which involved the all-work test would be heard by a doctor and a lawyer. This draft amendment corrects the omission.

The president of the Independent Tribunal Service, Judge Michael Harris, has asked the Government to make a further amendment to Regulation 36. The president has requested that the regulation be amended to give him discretion to appoint a second doctor as a member of the tribunal where the appeal is sufficiently complex; for example, because the appellant has multiple disabilities. The second draft amendment to Regulation 36 would allow the president that discretion.

Both of the proposed amendments are wholly beneficial and I hope that your Lordships will accept them. I commend the regulations to the House.

Moved, That the draft regulations laid before the House on 4th May be approved [18th Report from the Joint Committee].—(Baroness Amos.)

Earl Russell

My Lords, I should like to give an unreserved welcome to these regulations. They are an amendment to an amendment—a necessary and a useful one. I thank my honourable friend Mr. Rendel for his part in bringing this about and I should like to pay tribute to those involved in bringing about the initial process of amendment: the noble Baroness, Lady Anelay of St. Johns, who proposed the compromise during the course of the proceedings on the Bill from which all this originates; the noble Baroness, Lady Hollis of Heigham, for responding so warmly and so sensibly to it; and this House for discharging its duty as a revising Chamber as it should.

Baroness Amos

My Lords, I thank the noble Earl for his comments and for his unreserved welcome of the amendments.

On Question, Motion agreed to.