HL Deb 27 April 1981 vol 419 cc1118-9WA
Lord Tweedsmuir

asked Her Majesty's Government:

Whether they are in a position to make a statement on the Special Report on the Functions of the Council on Tribunals published in January 1980 (Cmnd. 7805).

The Lord Chancellor

The Government have given detailed consideration to the Special Report and the Lord Chancellor met the council in January of this year to discuss its recommendations. The report contains a useful analysis of the present work of the council and raises a number of important issues as to their future role. The Government have concluded that, while the council's present contribution is widely recognised as being of considerable value, the case has not been made out for any substantial widening of their powers or functions on the lines proposed in the report's principal recommendations, particularly as this would create additional demands on resources. However, the Government do accept that, as proposed in the report, it would be desirable for the council's entitlement to be consulted about procedural rules for tribunals and inquiries to be restated in clearer and more general terms. The Government also accept that it may often be helpful and appropriate for departments to consult the council about draft primary legislation affecting matters within their field. Although there is no need for a formal code governing consultation between the council and departments, the possibility of introducing informal guidelines should be examined. It is understood that the council are already engaged on preliminary work in connection with such guidelines. The recommendation in the Special Report concerning the council's jurisdiction in Northern Ireland is still under consideration.