EVIDENCE GATHERING LAUNCH CONSULTATION PAPER PUBLISHED

The Review of Tribunals today launched its programme of gathering evidence with the publication of a wide-ranging consultation paper. The Review was announced by the Lord Chancellor, Lord Irvine, on 18 May.

The paper seeks views on:

• the accessibility of the system;
• its coherence;
• the role of tribunals in the information society;
• membership of tribunals;
• management of, and administrative support for, tribunals;
• training; and
• performance standards and management.

Issuing the paper, Sir Andrew Leggatt, who is leading the review, said:

"Tribunals decide nearly half a million cases every year. By providing a forum for dealing with most of the disputes which arise between citizens and the state, the tribunal system also plays a vital part in maintaining the health of a democratic society and enhancing the rule of law.

"This is, however, the first time they have been examined systematically since the Franks committee which reported in 1957.

"For that task, I need to understand what tribunal users think are its strengths, and how it can be improved. I also need the views of those whose efforts make the system work.

"The consultation paper asks for help in this stage of my work."

The consultation paper, and a list of those to whom it has been sent initially, can be viewed on the Review of Tribunals website: http://www.tribunals-review.org.uk

Responses are sought by 15 September 2000.

Notes for Editors

Reporters requiring further information regarding this press notice should ring Mike Wicksteed, tel: 002-7210 8514.

The Secretary to the Review is Alistair Shaw, to whom any enquiries for advice on making submissions to the Tribunal should be made: tel: 020-7210 1201; or e-mail ( review of tribunals@lcdhq.gsi.gov.uk).

Review of Tribunals

Sir Andrew Leggatt and Dame Valerie Strachan (former Chairman of the Board of HM Customs and Excise) were appointed by the Lord Chancellor on 18 May to conduct a wide-ranging review of tribunals. They are being assisted by a team of expert consultees. The reviewers have been asked to report to the Lord Chancellor by 31 March 2001. (See LCD Press Notice 158/00)

Consultation Paper

Copies of the consultation paper are available from Frances Mascoll, Room 3.S.6, Southside, 105 Victoria Street, London SW1E 6QT.
E-mail fmascoll@lcdhq.gsi.gov.uk.

Expert Consultees

Martin Partington - Professor of Law, Bristol University
Richard Susskind - IT Advisor to the Lord Chief Justice
Carol Harlow QC, FBA - Professor of Public Law, London School of Economics
Doris Littlejohn CBE, JP - for President of the Employment Tribunals (Scotland)
David Hatch CBE, JP - Chairman of the National Consumer Council

Terms of Reference

The review's terms of reference are:

"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 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, insofar as it considers it necessary, administrative and regulatory bodies which also make judicial decisions as part of their functions."

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