The Scottish Parliament’s Justice Committee is seeking views on the general principles of the Tribunals (Scotland) Bill. A copy of the Bill and accompanying Policy Memorandum and Explanatory Notes can be found at:
Tribunals (Scotland) Bill
The Bill was introduced to the Scottish Parliament on 8 May 2013 by the Cabinet Secretary for Justice. The Justice Committee has been designated as the lead committee for Stage 1 consideration of the Bill.
Aims of the Bill
The main policy objective of the Bill is to create a new structure for devolved tribunals in Scotland. In this respect the Bill will create a two-tier structure - a First-tier Tribunal for first instance decisions and an Upper Tribunal which will primarily deal with appeals, both under the Leadership of the Lord President of the Court of Session. The initial aim is for certain devolved tribunals (see schedule 1 of the Bill) to be transferred to the new structure. According to the Scottish Government, the first tribunals likely to be transferred are: the Additional Support Needs Tribunals for Scotland; the Mental Health Tribunal for Scotland; the Private Rented Housing Panel/Home Owner Housing Panel; the Lands Tribunal for Scotland; and the Scottish Charity Appeals Panel. Amongst other things, the Bill also contains the following provisions:
(a) appointment to tribunals by the Judicial Appointments Board for Scotland;
(b) the creation of a new office – the President of the Scottish Tribunals – who will be a Senator of the College of Justice and who will have delegated responsibility for the tribunals’ efficient disposal of business;
(c) the organisation of the First-tier Tribunal into chambers and the Upper Tribunal into divisions;
(d) rules on appeals, including the right to appeal a decision of the Upper Tribunal to the Court of Session on a point of law and a new measure to allow tribunals to review their own decisions;
(e) a power for the Scottish Civil Justice Council to propose procedural rules for Scottish tribunals; and
(f) rules allowing certain members of the judiciary to act as members of the First-tier Tribunal and the Upper-tier Tribunal.
Further details are contained in the Policy Memorandum and Explanatory Notes.
Key issues
Responses should address all or any of the following points:
(1) Whether the new structure is an improvement on the existing structure?
(2) Whether the Bill will guarantee openness, fairness and impartiality in tribunal procedures, and whether it will allow for sufficient specialisation?
(3) The rules relating to appeals.
(4) The rules relating to appointments/membership.
(5) The rule-making power granted to the Scottish Civil Justice Council.
(6) Any other aspects of the Bill.
Justice Committee consideration
The Justice Committee expects to consider written submissions and to take evidence at its meetings during September, before reporting on the Bill’s general principles in October.
The Committee therefore invites all interested organisations and individuals to submit written evidence on the Bill and its likely impact.
All submissions should be provided by no later than 5 pm on Friday 2 August.
How to submit written evidence
Before making a submission, please read the Parliament’s policy on treatment of written evidence by subject and mandatory committees.
Written submissions should normally be limited to around 4 sides of A4. Longer submissions should be accompanied by a short summary of the main points. Submissions should be set out in numbered paragraphs. Where the submission refers to existing published material, it is preferable to provide hyperlinks or full citations (rather than extensive extracts). The Committee welcomes written evidence in English, Gaelic or any other language.
If possible, written submissions should be submitted electronically (preferably in word processing format i.e. Microsoft Word or Apple Pages) by email to:
[email protected]
Hard copy written submissions should be sent to:
Justice Committee Clerks
Room T2.60
Scottish Parliament
Edinburgh
EH99 1SP
Contact
Any queries about written submissions should be addressed in the first instance to the Justice Committee clerking team at the above email address or (0131) 348 5047.