HL Deb 17 November 2004 vol 666 cc1591-5

52 Insert the following new Schedule—

Section (The Hunting Tribunal)

"THE HUNTING TRIBUNAL

President and deputy

1 (1) The Lord Chancellor shall appoint a President of the Tribunal.

(2) A person may be appointed as President only if—

  1. (a) he has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
  2. (b) he is an advocate or solicitor in Scotland of at least ten years' standing, or
  3. (c) he is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years' standing.

2 (1) The Lord Chancellor may appoint a member of the panel of chairmen of the Tribunal as deputy President of the Tribunal.

(2) The deputy President—

  1. (a) may act for the President if he is unable to act or unavailable or during a vacancy in the office of President, and
  2. (b) shall perform such other functions as the President may assign or delegate to him.

3 The Lord Chancellor may authorise a member of the panel of chairmen of the Tribunal—

  1. (a) to act for the President if he and the deputy President (if there is one) are unable to act or unavailable;
  2. (b) to act for the President during a vacancy in that office if there is no deputy President;
  3. (c) to act for the deputy President if he is unable to act or unavailable.

Chairmen

4 (1) The Lord Chancellor shall appoint persons to a panel of chairmen of the Tribunal.

(2) A person may be appointed under this paragraph only if—

  1. (a) he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
  2. (b) he is an advocate or solicitor in Scotland of at least seven years' standing, or
  3. (c) he is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least seven years' standing.

Members

5 (1) The Lord Chancellor shall appoint persons to a panel of members of the Tribunal.

(2) A person may be appointed under this paragraph only if he—

  1. (a) is on the general list of veterinary surgeons (within the meaning of section 2 of the Veterinary Surgeons Act 1966 (c. 36)), or
  2. (b) has experience relating to the welfare of animals or the management of land which in the Lord Chancellor's opinion makes it appropriate to appoint him as a member of the Tribunal.

Tenure

6 (1) A person appointed under any of paragraphs 1 to 5 shall hold and vacate office in accordance with the terms of his appointment (subject to this paragraph).

(2) A person appointed under any of paragraphs 1 to 5 may resign by notice in writing to the Lord Chancellor.

(3) The Lord Chancellor may dismiss a person appointed under any of paragraphs 1 to 5—

  1. (a) on the grounds that he is unable or unwilling to perform his functions, or
  2. (b) for misbehaviour.

Proceedings

7 The Tribunal shall sit in such places and at such times as the Lord Chancellor shall determine (and may hold more than one sitting at a time).

8 (1) The President shall make arrangements for determining which of the persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at each sitting.

(2) The arrangements shall, in particular—

  1. (a) ensure that at each sitting the Tribunal consists of or includes the President or a member of the panel of chairmen, and
  2. (b) make provision for replacement in a case where the Tribunal consists of a single member who becomes unable to act.

9 Decisions of the Tribunal may be taken by majority vote.

10 The President may give directions about the practice and procedure of the Tribunal.

11 Rules under section (The Hunting Tribunal) may, in particular, make provision—

  1. (a) about representation of parties;
  2. (b) about withdrawal of proceedings;
  3. (c) about the admission of members of the public to proceedings;
  4. (d) about recording and promulgating decisions;
  5. (e) by reference to a direction given or to be given by the President.

Evidence

12 The Tribunal—

  1. (a) may call an expert witness to give evidence on a matter of fact arising in proceedings before it, and
    2. 1593
  2. (b) may have regard to advice provided to it under section (Advisory bodies).

Costs

13 if the Tribunal thinks that a party to proceedings before it has acted unreasonably it may order the party to pay all or part of the costs incurred by another party to the proceedings.

Council on Tribunals

14 In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) ( tribunals under general supervision of Council) the following shall be inserted before paragraph 22—

"Hunting 21B. The Hunting Tribunal established by section (The Hunting Tribunal) of the Hunting Act 2004."

Money

15 The Lord Chancellor—

  1. (a) may pay sums by way of remuneration, allowances and expenses to a person appointed under any of paragraphs 1 to 5,
  2. (b) may pay sums by way of or in respect of a pension to a person appointed under any of paragraphs 1 to 5,
  3. (c) may make staff and other facilities available to the Tribunal, and
  4. (d) may pay sums by way of allowances and expenses to an expert witness called under paragraph 12."

52A The Commons disagree to this Amendment for the following Reason—

Because it involves a charge on public funds, and the Commons do not offer any further Reasons, trusting that this Reason may he deemed sufficient.

Lord Whitty

My Lords, I beg to move that the House do not insist on Amendment No. 52, to which the Commons have disagreed for their reason numbered 52A. I spoke to the amendment with Amendment No. 1.—(Lord Whitty.)

Baroness Mallalieu rose to move Amendment No. 52B, as an amendment to the Motion that this House do not insist on its Amendment No. 52 to which the Commons have disagreed for their reason numbered 52A, at end insert "but do propose Amendment No. 52C in lieu thereof.

After Schedule 1

52C Insert the following new Schedule—

Section (The Hunting Tribunal)

"THE HUNTING TRIBUNAL

President and deputy

1 (1) The Lord Chancellor shall appoint a President of the Tribunal.

(2) A person may be appointed as President only if—

  1. (a) he has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
  2. (b) he is an advocate or solicitor in Scotland of at least ten years' standing, or
  3. (c) he is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years' standing.

2 (1) The Lord Chancellor may appoint a member of the panel of chairmen of the Tribunal as deputy President of the Tribunal.

(2) The deputy President—

  1. (a) may act for the President if he is unable to act or unavailable or during a vacancy in the office of President, and
  2. (b) shall perform such other functions as the President may assign or delegate to him.

3 The Lord Chancellor may authorise a member of the panel of chairmen of the Tribunal—

  1. (a) to act for the President if he and the deputy President (if there is one) are unable to act or unavailable;
  2. (b) to act for the President during a vacancy in that office if there is no deputy President;
  3. (c) to act for the deputy President if he is unable to act or unavailable.

Chairmen

4 (1) The Lord Chancellor shall appoint persons to a panel of chairmen of the Tribunal.

(2) A person may be appointed under this paragraph only if—

  1. (a) he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
  2. (b) he is an advocate or solicitor in Scotland of at least seven years' standing, or
  3. (c) he is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least seven years' standing.

Members

5 (1) The Lord Chancellor shall appoint persons to a panel of members of the Tribunal.

(2) A person may be appointed under this paragraph only if he—

  1. (a) is on the general list of veterinary surgeons (within the meaning of section 2 of the Veterinary Surgeons Act 1966 (c. 36)), or
  2. (b) has experience relating to the welfare of animals or the management of land which in the Lord Chancellor's opinion makes it appropriate to appoint him as a member of the Tribunal.

Tenure

6 (1) A person appointed under any of paragraphs 1 to 5 shall hold and vacate office in accordance with the terms of his appointment (subject to this paragraph).

(2) A person appointed under any of paragraphs 1 to 5 may resign by notice in writing to the Lord Chancellor.

(3) The Lord Chancellor may dismiss a person appointed under any of paragraphs 1 to 5—

  1. (a) on the grounds that he is unable or unwilling to perform his functions, or
  2. (b) for misbehaviour.

Proceedings

7 The Tribunal shall sit in such places and at such times as the Lord Chancellor shall determine (and may hold more than one sitting at a time).

8 (1) The President shall make arrangements for determining which of the persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at each sitting.

(2) The arrangements shall, in particular—

  1. (a) ensure that at each sitting the Tribunal consists of or includes the President or a member of the panel of chairmen, and
  2. (b) make provision for replacement in a case where the Tribunal consists of a single member who becomes unable to act.

9 Decisions of the Tribunal may be taken by majority vote.

10 The President may give directions about the practice and procedure of the Tribunal.

11 Rules under section (The Hunting Tribunal) may, in particular, make provision—

  1. (a) about representation of parties;
  2. (b) about withdrawal of proceedings;
  3. (c) about the admission of members of the public to proceedings;
  4. (d) about recording and promulgating decisions;
  5. (e) by reference to a direction given or to be given by the President.

Evidence

12 The Tribunal—

  1. (a) may call an expert witness to give evidence on a matter of fact arising in proceedings before it, and
  2. (b) may have regard to advice provided to it under section (Advisory bodies).

Costs

13 If the Tribunal thinks that a party to proceedings before it has acted unreasonably it may order the party to pay all or part of the costs incurred by another party to the proceedings.

Council on Tribunals

14 In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under general supervision of Council) the following shall be inserted before paragraph 22—

"Hunting 21B. The Hunting Tribunal established by section (The Hunting Tribunal) of the Hunting Act 2004."

Money

15 The Lord Chancellor—

  1. (a) may pay appropriate sums by way of remuneration, allowances and expenses to a person appointed under any of paragraphs 1 to 5,
  2. (b) may pay appropriate sums by way of or in respect of a pension to a person appointed under any of paragraphs 1 to 5,
  3. (c) may make staff and other facilities available to the Tribunal, and
  4. (d) may pay appropriate sums by way of allowances and expenses to an expert witness called under paragraph 12.""

The noble Baroness said: My Lords, I spoke to the amendment with Amendment No. 1. I beg to move.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 52 to which the Commons have disagreed for their reason numbered 52A, at end insert "but do propose Amendment No. 52C in lieu thereof'.—(Baroness Mallalieu.)

On Question, amendment agreed to.

Motion, as amended, agreed to.