§ 5.38 p.m.
§ The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal) rose to move, That the draft order laid before the House on 28th June be approved [First Report from the Joint Committee].
745§ The noble Baroness said: My Lords, Section 69 of the Deregulation and Contracting Out Act 1994 enables the Lord Chancellor, by making an order, to permit the authorisation of functions conferred on him to be carried out by another person, or by the other person's employees.
§ The purpose of the Contracting Out of Functions (Tribunal Staff) Order 2001 is to enable the Lord Chancellor to authorise an external contractor to provide staff for the Lands Tribunal and the Immigration Appellate Authority. In simple terms that means that agency staff can be used to help service these tribunals when necessary; for example, when resources are required quickly or temporarily to cover for staff shortages or to manage peaks in the workload. The current provisions governing the appointment of staff to the Lands Tribunal and the Immigration Appellate Authority require the administrative work of these tribunals to be undertaken by officers and staff appointed by the Lord Chancellor for that purpose.
§ I shall confine myself to making four points. I understand that this may not be an issue that will disturb your Lordships for very long. The first is that the employment of agency staff in our courts and tribunals is not new. For much of the time since the creation of a unified court service in 1972, no one appears to have questioned whether the use of such staff—typists, ushers and the like—was permissible. Since the Deregulation and Contracting Out Act 1994, a mechanism exists which provides the structure to authorise an external contractor to provide agency staff. It is an order under that Act that is now before your Lordships.
§ Secondly, all the order does is to give the Lord Chancellor the power to contract out. Once the order is made the Lord Chancellor will need to give specific authorisations to, for example, the appropriate employment agencies. The Act does not require the order to be limited in duration; but the Act itself expressly provides that any authorisations granted under the order must be for no more than 10 years.
§ Thirdly, I want to make it absolutely clear that this order does not, indeed could not, permit the contracting out of any judicial function or power of arrest. That is specifically prohibited by Section 71(1) of the 1994 Act.
§ Finally, it is proposed that another order should be brought forward in due course to deal specifically with courts. That is to ensure that the employment of agency staff in the courts is also on an entirely sound footing and a separate order will be brought forward for that purpose that will require prior consultation with the senior judiciary to make it practical before it is laid. Such art order is made under a different statutory provision and is not subject to affirmative resolution. I commend the draft order to the House. I beg to move.
§ Moved, That the draft order laid before the House on 28th June be approved [First Report from the Joint Committee].—(Baroness Scotland of Asthal.)
§ On Question, Motion agreed to.