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Lord Goodhart: My Lords, I should say that we recognise the need for the Lord Chancellor to have the powers that he is given by Schedule 4 to the 1990 Act as amended. We recognise that the Law Society and the Bar Council act as a form of trade union and, like other trade unions, are sometimes concerned with the interests of their members to the detriment of the interests of the general public. Therefore, it is clear that there should be some outside body which is capable of imposing rule changes on them in appropriate circumstances.
We certainly do not seek to restore the veto to the form in which it existed from 1990 to 1999, in which there were four senior judges, each of whom had a separate and independent veto. However, at the same time we believe that it is undesirable to leave the second lock uninstalled for an indefinite period of time. It is certainly my concern that if we do not put something into this Bill, the second lock will never be introduced because there would be no incentive whatever for the Government to go ahead with it.
I accept that it is unrealistic to press this matter to a vote at this time of night. I also accept that it is at least worth waiting to see the Clementi report, which will be issued before we reach Third Reading, even if, as I hope will be the case, we reach Third Reading on 20 December. However, unless a quick scan of the Clementi report persuades me that there is some reason to the contrary, I am likely to bring this amendment back at Third Reading. Having said that, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Lord Falconer of Thoroton moved Amendment No. 26:
"OTHER FUNCTIONS OF THE LORD CHANCELLOR AND ORGANISATION OF THE COURTSPART 1 AMENDMENTS
1 The Habeas Corpus Act 1679 is amended as follows.
2 In section 1 (bringing before Lord Chancellor or other judges) omit "the lord chauncelior or lord keeper of the great seale of England for the time being or".
3 In section 2 (appeal to Lord Chancellor or other judges) omit—
(a) "the lord chauncellour or lord keeper or" in each place;
(b) "lord chauncellor lord keeper";
(c) "the said lord chauncellor or lord keeper or" in the first and second places;
(d) "lord chauncellor or lord keeper or" in the last place.
4 In section 9 (Lord Chancellor or other judge unduly denying writ) omit "the said lord chauncellor or lord keeper or".
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5 Any reference to the Lord Chancellor and keeper or commissioners for the custody of the great seal of Great Britain for the time being in section 1 of the Cestui que Vie Act 1707 is to be construed as a reference to a judge of the Chancery Division of the High Court.
6 In section 5 of the British Law Ascertainment Act 1859 (interpretation) omit "the Lord Chancellor,".
7 (1) Section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) (as amended by paragraph 51 of Schedule 8 to the Courts Act 2003 (c. 39)) is amended as follows.
(2) In the paragraph beginning "In England and Wales" for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".
(3) After that paragraph insert—
"(8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under the preceding paragraph."
Stannaries Court (Abolition) Act 1896 (c. 45)
8 (1) Section 1 of the Stannaries Court (Abolition) Act 1896 (abolition of Vice-Warden's Court) is amended as follows.
(2) In subsection (1) after "may" insert ", after consulting the Lord Chief Justice,".
(3) After subsection (2) insert—
"(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."
Judicial Committee Act 1915 (c. 92)
9 (1) Section 1 of the Judicial Committee Act 1915 (power of Judicial Committee of the Privy Council to sit in more than one division at the same time) is amended as follows.
(2) In subsection (1) for "Lord Chancellor" substitute "President of the Supreme Court of the United Kingdom".
Administration of Justice Act 1925 (c. 28)
10 (1) Section 22 of the Administration of Justice Act 1925 (registration of deeds of arrangement) is amended as follows.
(2) In subsection (5) for "by the Lord Chancellor with the concurrence" substitute "by the Lord Chief Justice with the concurrence of the Lord Chancellor and".
(3) After subsection (5) insert—
"(5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (5)."
Children and Young Persons Act 1933 (c. 12)
11 (1) Section 45 of the Children and Young Persons Act 1933 (youth courts) (as amended by section 50 of the Courts Act 2003 (c. 39)) is amended as follows.
(2) In subsection (3) for "Lord Chancellor or a person acting on his behalf" substitute "Lord Chief Justice, with the concurrence of the Lord Chancellor,".
(3) In subsection (4) for "Lord Chancellor may" substitute "Lord Chief Justice may, with the concurrence of the Lord Chancellor,".
(4) In subsection (5) after "Lord Chancellor" insert "or Lord Chief Justice".
(5) After subsection (8) insert—
"(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (3) or (4) or his powers under rules under subsection (4)."
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Compensation (Defence) Act 1939 (c. 75)
12 (1) The Compensation (Defence) Act 1939 is amended as follows.
(2) For the title to section 9 substitute "Incidental powers of tribunals and rules of procedure".
(3) Omit section 9(1)(a) (incidental powers of tribunals to make rules of procedure).
(4) After section 9(1) insert—
"(1A) Rules prescribing the procedure for notifying, presenting and hearing claims and all matters incidental thereto may be made in relation to each of the tribunals constituted under this Act.
(1B) Such rules are to be made as follows—
(a) if the rules relate to proceedings in England and Wales, they are to be made by the Lord Chancellor;
(b) if the rules relate to proceedings in Scotland, they are to be made by the Lord President of the Court of Session;
(c) if the rules relate to proceedings in Northern Ireland, they are to be made by the Lord Chief Justice of Northern Ireland."
(5) In subsection (2) for the words from the beginning to "subsection" substitute "Such rules".
(6) After subsection (3) insert—
"(4) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.
(5) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—
(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
(b) a Lord Justice of Appeal (as defined in section 88 of that Act)."
London Building Acts (Amendment) Act 1939 (c. xcvii)
13 (1) Section 109 of the London Building Acts (Amendment) Act 1939 (constitution etc of tribunal appeal) is amended as follows.
(2) In subsection (1)(i) for "if he thinks fit" substitute ", if he thinks fit and if the Lord Chief Justice agrees,".
(3) After subsection (2) insert—
"(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under this section."
Pensions Appeal Tribunals Act 1943 (c. 39)
14 The Pension Appeal Tribunals Act 1943 is amended as follows.
15 (1) Section 6 (constitution, jurisdiction and procedure of Pensions Appeal Tribunals) is amended as follows.
(2) In subsection (2) for "by the Lord Chancellor" substitute "by the Lord Chief Justice of England and Wales, after consulting the Lord Chancellor,".
(3) After subsection (4) insert—
"(5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 88(4) of the Constitutional Reform Act 2004) to exercise his functions under subsection (2)."
16 (1) Section 13 (application to Scotland) is amended as follows.
(2) In paragraph (a) for "Lord Chancellor" substitute "Lord Chief Justice of England and Wales".
(3) In paragraph (b) after "Lord Chancellor" insert "or the Lord Chief Justice of England and Wales".
17 In section 14 (application to Northern Ireland), after "Schedule)" insert "or to the Lord Chief Justice of England and Wales".
18 (1) The Schedule (constitution, jurisdiction and procedure of Tribunals) is amended as follows.
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(2) In paragraph 1 (constitution of Tribunals)—
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