§ Mr. MullinTo ask the Secretary of State for Social Security if circular No. 16, issued by the President of the Independent Tribunal Service on 15 September, is compatible with the Government's assurance given on 30 March 1998,Official Report, House of Lords, column 130, that proposed changes to the composition of social security appeal tribunals would be subject to the affirmative procedure; and if he will make a statement. [57231]
§ Angela EagleThe Government are committed to improvements in the current arrangements for handling appeals. Current delays, averaging 7 months, are unacceptable. Tribunals whose composition can be tailored to the issues raised on each appeal, are essential if we are to deliver the necessary improvements and reduce delays. The Social Security Act 1998, therefore, provides for tribunals to consist of three, two or one person. We will be bringing regulations to the House early next year for debate under the affirmative resolution procedures.
The Act also contains, at Schedule 6, a transitory power which allows the President of the Independent Tribunal Service to vary the composition of Social Security Appeal Tribunals prior to the introduction of the main changes. The immediate effect of the transitory power was specifically highlighted by my noble Friend, the Lord Advocate when he introduced the provisions to the House of Lords on 20 April 1998, Official Report, House of Lords, column 959. My noble Friend the Lord Advocate went on to explain that the immediate power to introduce flexible tribunal composition had been requested by the President, His Honour Judge Michael Harris, as a means of allowing him the opportunity to test out the proposal prior to full implementation. Circular No. 16 allows Incapacity Benefit appeals to be heard by a lawyer supported by a doctor.
The commitment given by my noble Friend the Lord Advocate that changes to the composition of Appeal Tribunals will be subject to affirmative resolution, still stands.
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