HL Deb 20 December 2004 vol 667 cc1615-25

1 Any function of the Minister that relates to the custody or use of the Great Seal of the United Kingdom.

2 Any function of the Minister under this Act.

3 Any function of the Minister under another enactment, if the function is conferred or modified by an amendment made by this Act.

4 Any function of the Minister under these provisions—

Sheriffs Act 1887 (c. 55)

Section 20

Law of Distress Amendment Act 1888 (c. 21)

Section 8

Stamp Act 1891 (c. 39)

Section 13A

War Pensions (Administrative Provisions) Act 1919 (c. 53)

The Schedule, paragraphs 1, 2, 3, 8 and 9

Administration of Justice Act 1925 (c. 28)

Section 22(4)

Children and Young Persons Act 1933 (c. 12)

Schedule 2, paragraphs 4, 5, 11, 12 and 20

Compensation (Defence) Act 1939 (c. 75)

Section 8

London Building Acts (Amendment) Act 1939 (c. xcvii)

Section 109(2)

Pensions Appeal Tribunals Act 1943 (c. 39)

The Schedule, paragraphs 2(1), 2A, 2B, 3C and 5

Coal Industry Nationalisation Act 1946 (c. 59)

Section 61(1)

Section 64(10)

Agriculture Act 1947 (c. 48)

Schedule 9

Commonwealth Telegraphs Act 1949 (c. 39)

1 Section 6(4)

Lands Tribunal Act 1949 (c. 42)

Section 2

Section 3

National Health Service (Amendment) Act 1949 (c. 93)

Section 7(6)

Section 9(4)(a)

National Parks and Access to the Countryside Act 1949 (c.97)

Section 18(3)

Foreign Compensation Act 1950 (c. 12)

Section 1(1)

Section 4

Courts-Martial (Appeals) Act 1951 (c. 46)

Section 28

Section 30

Section 31(4)

Section 32

Section 33

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

Section 5

Agriculture (Miscellaneous Provisions) Act 1954 (c. 39)

Section 6(6)

Landlord and Tenant Act 1954 (c. 56)

Section 63(6)(c)

Land Powers (Defence) Act 1958 (c. 30)

Schedule 2, paragraphs 4(3) and (4)

Land Compensation Act 1961 (c. 33)

Section 3

Transport Act 1962 (c. 46)

Schedule 6, paragraph 3(4)

Betting, Gaming and Lotteries Act 1963 (c. 2)

Section 29

Ecclesiastical Jurisdiction Measure 1963 (1963 No. 1)

Section 2(1A)

Section 3

Industrial and Provident Societies Act 1965 (c. 12)

Section 69

Commons Registration Act 1965 (c. 64)

Section 17(1) and (3)

Superannuation Act 1965 (c. 74)

Section 39A

Courts-Martial (Appeals) Act 1968 (c. 20)

Section 2

Section 5

Section 7(2)

Section 30

Countryside Act 1968 (c. 41)

Section 15A(3)

Hearing Aid Council Act 1968 (c. 50)

Section 5(3)

Section 6(4)

Section 10(6)

Section 13

Transport Act 1968 (c. 73)

Schedule 4, paragraph 13(3)

Taxes Management Act 1970 (c. 9)

Section 2

Section 2A

Section 3

Section 3A

Section 4(1),

(3) and (6)

Section 4A(1) and (6)

Section 28ZC

Section 46A

Section 56B

Administration of Justice Act 1970 (c. 31)

Section 10(3)

Courts Act 1971 (c. 23)

Section 16(1)

Section 18

Section 21(2), (4) and (7)

Section 24

Schedule 2, paragraphs 4(3) and 9(2)

Misuse of Drugs Act 1971 (c. 38)

Schedule 3, paragraphs 1(1), 3 and 4 and, in the table in paragraph 21, the entry for paragraph

Immigration Act 1971 (c. 77)

Section 22

Administration of Justice Act 1973 (c. 15)

Sections 9 and 12

Juries Act 1974 (c. 23)

Section 2

Section 3(1)

Section 5(1)

Section 8

Section 19

Section 21

Section 23(2)

Industry Act 1975 (c. 68)

Schedule 3, paragraphs 4(1)(a) and 17

Armed Forces Act 1976 (c. 52)

Section 6(3), (4), (8) and (11)

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

Section 42

Schedule 7, paragraph 5(1)

National Health Service Act 1977 (c. 49)

Schedule 9A, paragraphs 1, 2, 4, 6, 15, 16 and 21

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

Section 2(3)

Customs and Excise Management Act 1979 (c. 2)

Schedule 3, paragraph 17(4)

Magistrates' Courts Act 1980 (c. 43)

Section 137

Sections 144(2) and (3)

Judicial Pensions Act 1981 (c. 20)

Section 3

Section 5

Section 7

Section 10

Section 11

Section 13

Section 13A

Section 14A

Section 23

Section 29B

Section 32A

Section 33A

Schedule 1, paragraph 3(3)

Schedule 1A, paragraphs 2 and 11

Schedule 2, paragraph 2(2)

British Telecommunications Act 1981 (c. 38)

Schedule 2, paragraph 12(3)

Supreme Court Act 1981 (c. 54)

Section 9(8)

Section 11(7) and (8)

Section 12

Section 54(3)

Section 57(4)(a)

Section 71(4)(a)

Section 74

Section 75

Section 91(6)

Sections 92(1) and (3A)

Section 98

Section 102(1)

Section 126

Section 133

Section 140(4)

Wildlife and Countryside Act 1981 (c. 69)

Section 28N(3)

Transport Act 1982 (c. 49)

Section 66(4)(a)

Administration of Justice Act 1982 (c. 53)

Section 25(3) (a)

Mental Health Act 1983 (c. 20)

Section 78

Section 143(1)

Schedule 2, paragraphs 1, 2 and 3

Car Tax Act 1983 (c. 53)

Section 3(5)

County Courts Act 1984 (c. 28)

Section 8(1) and (3)

Section 12(1)

Section 128

Section 130

Matrimonial and Family Proceedings Act 1984 (c. 42)

Section 37

Ordnance Factories and Military Services Act 1984 (c. 59)

Schedule 1, paragraph 2(5)

Reserve Forces (Safeguard of Employment) Act 1985 (c. 17)

Schedule 2, paragraph 2(1)(a)

Transport Act 1985 (c. 67)

Schedule 4, paragraphs 2(1)(a), 3(4) and (5), 6, 7, 15 and 16

Landlord and Tenant Act 1985 (c. 70)

Section 29(4)

Agricultural Holdings Act 1986 (c. 5)

Schedule 11, paragraph 1(5)

Insolvency Act 1986 (c. 45)

Section 117

Section 413

Section 414(5)

Section 415

Section 420(1)

Section 421(1)

Schedule 7, paragraph 1(1)(a)

Ecclesiastical Fees Measure 1986 (1986 No. 2)

Section 4(1)(a)

Income and Corporation Taxes Act 1988 (c. 1)

Section 706(1)

Coroners Act 1988 (c. 13)

Section 17A

Criminal Justice Act 1988 (c. 33)

Schedule 12

Education Reform Act 1988 (c. 40)

Schedule 10, paragraph 9(4)

Copyright, Designs and Patents Act 1988 (c. 48)

Section 145(2)

Section 146(6)

Section 150

Section 291(5)

Section 292

Electricity Act 1989 (c. 29)

Schedule 10, paragraph 9(2)(a)

Children Act 1989 (c. 41)

Section 104(1)

Broadcasting Act 1990 (c. 42)

Schedule 9, paragraph 5(5)(a)

Town and Country Planning Act 1990 (c. 8)

Section 20(5)

Courts and Legal Services Act 1990 (c. 41)

Section 1

Section 72

Child Support Act 1991 (c. 48)

Section 8

Section 22

Section 24

Section 25

Section 52(1)

Schedule 4, paragraphs 1(3), 2(1) and (2), 2A(1), 4(1), 4A(1) and 7

Ports Act 1991 (c. 52)

Schedule 2, paragraph 11(5)

Land Drainage Act 1991 (c. 59)

Section 31(1)

Armed Forces Act 1991 (c. 62)

Schedule 1

Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (1991 No. 1)

Section 25(2)(a)

Social Security Administration Act 1992 (c. 5)

Section 24

Section 41(4)(c)

Section 43(5)(c)

Section 50(4)(c)

Section 51(1)

Section 52(2)

Section 58

Schedule 2, paragraph 6

Further and Higher Education Act 1992 (c. 13)

Schedule 5, paragraph 7(4)

Finance (No. 2) Act 1992 (c. 48)

Section 75

Tribunals and Inquiries Act 1992 (c. 53)

Sections 6(2), (8) and (9)

Section 9

Section 13

Section 15

Section 16(2)

Schedule 5, paragraph 7(4)

Judicial Pensions and Retirement Act 1993 (c. 8)

Section 1

Section 2

Section 3

Section 9

Section 10

Section 11

Section 12

Section 13

Section 19

Section 20

Section 21

Section 26(5), (6) and (9)

Section 31

Schedule 2, paragraphs 2, 11, 12 and 13

Schedule 2A, paragraphs 1 and 2

Schedule 5, as it applies in relation to the office of chairman or other member of Rent Assessment Committees

Schedule 7, paragraph 2

Coal Industry Act 1994 (c. 21)

Schedule 2, paragraph 8(6)(a)

Value Added Tax Act 1994 (c. 23)

Schedule 12, paragraphs 2(2) and (3), 3(2), (4), (5), (6) and (8), 4(2), 7(8) and (10), and 9

Trade Marks Act 1994 (c. 26)

Section 77

Merchant Shipping Act 1995 (c. 21)

Section 297(1)

Atomic Energy Authority Act 1995 (c. 37)

Schedule 1, paragraph 10(6)(a)

Employment Tribunals Act 1996 (c. 17)

Section 3

Section 22(1)(c) and (2)

Section 27

Section 30

Reserve Forces Act 1996 (c. 14)

Section 90

Section 91

Police Act 1996 (c. 16)

Schedule 6, paragraph 1(a)

Arbitration Act 1996 (c. 23)

Section 105

Defamation Act 1996 (c. 31)

Sections 9(1)(c)

Housing Act 1996 (c. 52)

Section 119(3)

Broadcasting Act 1996 (c. 55)

Schedule 5, paragraph 8(6)(a)

Education Act 1996 (c. 56)

Section 333(3)

School Inspections Act 1996 (c. 57)

Schedule 2, paragraph 1(1)(a)

Civil Procedure Act 1997 (c. 12)

Section 3

Section 6

Justices of the Peace Act 1997 (c. 25)

Section 10

Section 10A(1)

Section 10B(1)

Section 27B

Section 29

Section 30

Section 30B

Section 30

Section 31

Section 32A

Section 34

Finance (No. 2) Act 1997 (c. 58)

Schedule 2, paragraph 11(2)

Plant Varieties Act 1997 (c. 66)

Schedule 3, paragraphs 2(1), 13 and 16

Special Immigration Appeals Commission Act 1997 (c. 68)

Section 5

Section 8

Schedule 1, paragraphs 1, 2, 3 and 4

Social Security Act 1998 (c. 14)

Section 5(1)

Section 6(1) to (4)

Section 79

Schedule 4, paragraphs 1(2), 2, 3, 6 and 8

Data Protection Act 1998 (c. 29)

Section 6(4)

Crime and Disorder Act 1998 (c. 37)

Section 51

Section 51D

Section 81

Human Rights Act 1998 (c. 42)

Schedule 4

Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2)

Section 13

Protection of Children Act 1999 (c. 14)

The Schedule, paragraphs 2(1) and (3), and 3

Finance Act 1999 (c. 16)

Schedule 17, paragraph 11

Greater London Authority Act 1999 (c. 29)

Section 189(6)

Welfare Reform and Pensions Act 1999 (c. 30)

Section 43

Immigration and Asylum Act 1999 (c. 33)

Section 53(6)

Schedule 7, paragraphs 1 and 2

Financial Services and Markets Act 2000 (c. 8)

Schedule 13, paragraphs 2, 3(1) and (4), 4, 5, 6 and 9

Terrorism Act 2000 (c. 11)

Schedule 3, paragraphs 1, 2, 3 and 5

Child Support, Pensions and Social Security Act 2000 (c. 19)

Schedule 7, paragraph 20

Local Government Act 2000 (c. 22)

Section 75

Section 76(11)

International Criminal Court Act 2001 (c. 77)

Schedule 1, paragraph 7

Anti-terrorism, Crime and Security Act 2001 (c. 24)

Schedule 6, paragraphs 1, 2, 3, 5

Land Registration Act 2002 (c. 9)

Section 102

Section 107(1)

Section 114

Schedule 9, paragraphs 2, 5, 6, 7

Commonhold and Leasehold Reform Act 2002 (c. 15)

Schedule 12, paragraph 5(3)

Tax Credits Act 2002 (c. 21)

Section 65

Proceeds of Crime Act 2002 (c. 29)

Section 320(3)(b)

Enterprise Act 2002 (c. 40)

Section 12(2)(a) and (b)

Section 16

Schedule 2, paragraphs 1 and 3

Nationality, Immigration and Asylum Act 2002 (c. 41)

Section 16

Section 81

Section 106

Schedule 4, paragraphs 1, 2, 6, 7

Schedule 5, paragraphs 1, 2, 3, 4, 5, 9, 10 and 11

Finance Act 2003 (c. 14)

Schedule 17, paragraphs 6 to 10

Communications Act 2003 (c. 21)

Schedule 2, paragraph 4(7)(a)

Courts Act 2003 (c. 39)

Section 1

Section 22(1)

Section 27

Section 35

Section 36

Section 37

Section 51

Section 61

Schedule 1, paragraphs 2 and 6

Schedule 5, paragraphs 43

Schedule 6, paragraph 1

Schedule 7, paragraphs 2 and 12

Criminal Justice Act 2003 (c. 44)

Section 168(4)

Section 169

Section 170

Section 171

Section 173"

On Question, amendment agreed to.

Schedule 6 [Supreme Court Selection Commissions]:

[Amendments Nos. 97 to 145 not moved.]

Schedule 7 [Amendments Relating to Jurisdiction of the Supreme Court]:

[Amendment No. 146 not moved.]

Schedule 8 [Proceedings Under Jurisdiction Transferred to Supreme Court]:

[Amendment No. 147 not moved.]

Schedule 9 [The Judicial Appointments Commission]:

Lord Lloyd of Berwick moved Amendment No. 148:

Page 181, line 26, at end insert— ( ) The function of making the selection of a puisne judge of the High Court under this Part of this Act may be delegated only to a committee of at least five members whose members include two of the Commissioners qualified for appointment by subparagraphs (a), (b) and (c) of paragraph 2(3).

The noble and learned Lord said: My Lords, I will be brief. This amendment was to have been moved by the noble Lord, Lord Goodhart. I hope that it is in order for me to say how concerned I was to hear that he had been taken ill.

The purpose of the amendment is to provide a panel for selecting puisne judges. I am glad to see that puisne judges have been removed from Schedule 11, where they have been tucked away for too long. The noble Lord, Lord Goodhart, was sympathetic to the amendment that I moved on Report, but he thought that I had gone about it in the wrong way. Afterwards, he volunteered to draft an amendment that would produce the result that I was seeking to achieve; he has done that. The effect is that there would be a panel of the Judicial Appointments Commission consisting of five members, two of whom would be senior judges, one puisne judge, and one a member of the Court of Appeal. I am entirely happy with that approach to that problem, which does exist.

I have reason to suppose that a panel of five composed in that way would be acceptable to the Lord Chief Justice. I hope that in this season of goodwill it will be acceptable to the noble and learned Lord the Lord Chancellor. I can see no reason why that sensibly made-up panel should not be acceptable to the House. I beg to move.

Lord Maclennan of Rogart

My Lords, as a preamble, it gives me enormous pleasure to find myself at this stage in the proceedings of the Bill in entire agreement with the remarks of the noble and learned Lord, Lord Lloyd of Berwick. Although it may be surprising, it is enormously satisfying to see our names jointly on an amendment. I hope that that concatenation may fortify the case that has been made by the noble and learned Lord. He has been right all along to identify the appointment of High Court judges as being among the most important functions of the Judicial Appointments Commission.

He has deployed entirely the arguments that I would have done, and I see no reason at this hour to hold up the House by any repetition. If the Government accept the amendment, they will meet the concerns that were expressed by the noble and learned Lord, Lord Lloyd, and my noble friend Lord Goodhart, which were slightly different when deployed on Report. This panel arrangement, constructed as proposed, would meet the concerns of both.

Lord Kingsland

My Lords, I spoke on Report to support the noble and learned Lord, Lord Lloyd, in his amendment. I elide into the concatenation to which the noble Lord, Lord Maclennan, referred, and I support the amendment.

7.45 p.m.

Lord Falconer of Thoroton

My Lords, I am thrilled by the uncharacteristic relationships that have emerged from all of this. I have some sympathy with what the noble and learned Lord, Lord Lloyd, has said, but it would be inappropriate to put it in the Bill. The right moment at which to consider this is the time at which guidance is produced by the Lord Chancellor, who would have had the opportunity to discuss the right course with the appointments commission.

It would be wrong to place in the Bill provisions relating to appointments as important as the High Court that in effect tie the commission's hands for ever. The guidance that the Lord Chancellor produces is subject to the affirmative resolution of both Houses, so there will be an opportunity to debate it then. So, I have sympathy, but this should not be in the Bill.

Lord Lloyd of Berwick

My Lords, I cannot help being disappointed with that. The noble and learned Lord the Lord Chancellor says that with an appointment so important as a High Court judge it is not necessary to put it in the Bill. Precisely the contrary; it is because it is such an important appointment that it should be in the Bill, just as is the appointment panel for Lord Justices, and so on. I cannot help but be disappointed by that; and I hope that he will think again, if necessary in collaboration with the Lord Chief Justice, and put it in the Bill where it belongs. Subject to that, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 149 not moved.]

Schedule 11 [The Judicial Appointments Commission: Relevant Offices and Enactments]:

Lord Falconer of Thoroton moved Amendments Nos. 150 and 151:

Page 192, line 20, column 1, leave out "(Magistrate's Courts)" and insert "(Chief Magistrate)"

Page 192, line 23, column 1, leave out "(Magistrates' Courts)" and insert "(Chief Magistrate)"

On Question, amendments agreed to.

[Amendment No. 152 not moved.]

Schedule 12 [Judicial Committee of the Privy Council]:

[Amendments Nos. 153 and 154 not moved.]

Schedule 13 [Minor and Consequential Amendments]:

[Amendment No. 155 not moved.]

Schedule 14 [Repeals and Revocations]:

Lord Falconer of Thoroton moved Amendments Nos. 156 and 157:

Page 207, leave out lines I 1 to 16.

Page 208, line 36, at end insert—

"County Courts Act 1984 (c. 28) Section 74A."

On Question, amendments agreed to.

Baroness Ashton of Upholland moved Amendment No. 158:

Page 212, line 5, at end insert—

"Access to Justice Act 1999 (c. 22) In Schedule 2, paragraph 2(1)(b)."

The noble Baroness said: My Lords, the amendments make provision that is purely consequential on the transfer to the Supreme Court of the devolution jurisdiction of the Judicial Committee of the Privy Council. Each of them adds an entry to Schedule 15 to repeal a reference to the devolution jurisdiction of the Judicial Committee, which will become otiose as a result of the transfer of that jurisdiction. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendment No. 159:

Page 212, line 9, at end insert—

"Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) In Schedule 2, paragraph 2(a)(ii)."

On Question, amendment agreed to.

[Amendment No. 160 not moved.]

An amendment (privilege) made.

Lord Falconer of Thoroton

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Lord Falconer of Thoroton.)

On Question, Bill passed, and sent to the Commons.