§ Lord Currie of Maryleboneasked Her Majesty's Government:
What is their response to Sir Jeffery Bowman's recommendation in his report on the Crown Office List that there should be a comprehensive review of the present structure, jurisdiction, procedures, remedies and routes of appeal of tribunals. [HL2518]
§ The Lord Chancellor (Lord Irvine of Lairg)I welcome Sir Jeffery Bowman's recommendation. It has been 43 years since the last thorough review of tribunals. The number of tribunals has grown greatly since then. There has also been a fundamental change in the nature of, and pressures on, their work. I have therefore decided that there should be a wide-ranging, independent review of tribunals.
Its terms of reference will be:
"To review the delivery of justice through tribunals other than ordinary courts of law, constituted under an Act of Parliament by a Minister of the Crown or for purposes of a Minister's functions; in resolving disputes, whether between citizens and the state, or between other parties, so as to ensure that:
There are fair, timely, proportionate and effective arrangements for handling those disputes, within an effective framework for decision-making which encourages the systematic development of the area of law concerned, and which forms a coherent structure, together with the superior courts, for the delivery of administrative justice;
The administrative and practical arrangements for supporting those decision-making procedures 32WA meet the requirements of the European Convention on Human Rights for independence and impartiality;
There are adequate arrangements for improving people's knowledge and understanding of their rights and responsibilities in relation to such disputes, and that tribunals and other bodies function in a way which makes those rights and responsibilities a reality;
The arrangements for the funding and management of tribunals and other bodies by government departments are efficient, effective and economical; and pay due regard both to judicial independence, and to ministerial responsibility for the administration of public funds;
Performance standards for tribunals are coherent, consistent, and public; and effective measures for monitoring and enforcing those standards are established; and
Tribunals overall constitute a coherent structure for the delivery of administrative justice.
The review may examine, in so far as it considers it necessary, administrative and regulatory bodies which also make judicial decisions as part of their functions."
The review will be led by Sir Andrew Leggatt, supported by Dame Valerie Strachan, and a team of expert advisors. It will operate in an open, consultative way, involving and seeking views from as wide a range of interests as possible. I have asked Sir Andrew to report to me by 31 March 2001.