Council on Tribunals annual conference
Great George Street, London
Speech by
Lord Chancellor and Secretary of State for Constitutional Affairs
Lord Falconer of Thoroton
Thank you Tony [Lord Newton]
[Lord Falconer offered thanks to Lord Newton, Baroness Ashton, Lord Justice Carnwath and Peter Handcock.]
Good morning. It is my pleasure to be here today, I don't meet with those involved with tribunals as often as I should like, so I am very very grateful for the opportunity to talk about tribunals to so many of you today.
It is however, a pity that this conference was not a couple of days later.
Were it so I could stand this morning and discuss with you, in detail, the legislative content of the Queens speech.
But you will understand that Parliamentary convention means I cannot pre-judge what Her Majesty will say. And therefore I can say no more about that.
What I can say is that the Government remains very keen to introduce the Tribunals and Courts Enforcement Bill. If it is introduced it will herald the latest chapter in the biggest change the Tribunal System has undergone for over 50 years. It will enable the Tribunals Service to deliver further improvements for the public that we all seek to serve.
But within the limitations of not being able to talk about the content of the Queens speech, what I want to do this morning is:
Tribunals are, and you know better than I, a significant part of the justice system making a significant contribution. They deal with over 500,000 cases a year, more than any other branch of the justice system. Often cases which involve the most vulnerable in society. Those who have been victims of crime, victims of persecution, of discrimination, of unfair treatment. Or disputes over benefit entitlement, tax, asylum or employment. Put in these terms, Tribunals are one of the most visible aspects of the justice system- you are more likely as a member of the public to have direct experience of a Tribunal than any other part of the justice system.
As such, the public need confidence that they can obtain justice in their dealings with the state and in their workplace. They need the safeguards that tribunals provide. They need access to institutions that enable them to resolve their disputes quickly, fairly and proportionately. And in a way which makes for them, the individual, the problems manageable.
Management of dispute resolution is the strength of the tribunals. From their early formation as institutions that administered justice, both Franks and the Donovan Commission identified that they were an excellent way of delivering justice which is 'easily accessible, simple, speedy and inexpensive.'
They were designed as places that the ordinary citizen could go, present their grievance, and if there was merit to their claim, obtain justice. Accessible institutions. Often investigative not adversarial.
They are places where justice is administered by those with an expert knowledge of the area causing the grievance. Places where justice is done quickly. Places where justice is done in a way which is understood, simply.
The creation of the Tribunals Service, in April, has, I believe, reinforced these admirable qualities. It signalled the intention of Government to have a Tribunals Service which would resolves disputes quickly, fairly and economically. Above all it has ensured that Tribunals are seen, clearly and unequivocally, as a key part of the justice system.
And it is opportune at this moment to offer my profound thanks to the Council on Tribunal for the support they have offered over the past two years. I am particularly grateful for the attitude of the Council. It has embraced change in the tribunal system with real vigour and real enthusiasm.
And having a support like that makes changes easier and much more credible.
The Council is moving ahead with its own agenda to turn itself into the Administrative Justice and Tribunals Council. And without conceding an inch of its independence or integrity, it has become a very valued critical friend to us as we transform tribunals.
I also wanted to pay tribute to the number of organisations, some of which are represented here today, who provide advice and support to many members of the public taking claims to the tribunals. Their work is invaluable. And throughout the changes and transition, the support and guidance those organisations here have offered to those in need has been vital. I am very grateful.
Through the Tribunals Service we have brought much needed coherence to the system, and with that we have brought greater transparency to the delivery of administrative justice. The public can have full confidence that justice is not only being done, but that they can see it being done. This is not a cliché. It is at the heart of what Tribunals have to do.
Further to this we have ensured that the tribunal judiciary are now under the leadership of Lord Justice Carnwath. They are demonstrably independent of the Government. It is right that this has happened and it strengthens our commitment to increasing the public confidence in that part of the justice system. It remains of enormous importance that the unique ability tribunal judiciary have to talk, enquire and to suggest resolution, in a way which is different to normal judiciary, is not lost. The value they bring through being approachable, through making hearings easy to understand and through preventing tribunals being weighed down by legalistic arguments and lawyers is something to be celebrated and something to be protected.
The major reform that the Tribunals system has undergone is not reform in isolation. Reform has, and continues to happen, right across the justice system as we strive to increase public confidence in the justice system.
As Lord Denning rightly noted 'Justice is rooted in confidence'.
We want to ensure there is public confidence in the delivery of justice.
That is why we have overhauled the Courts system and created Her Majesty's Court Service, an executive agency with total and direct accountability for the courts. That is why we have made significant constitutional changes to the role of the Lord Chancellor, changes which ensure that there is complete confidence in the integrity of Lord Chancellor, his role and in the lasting independence of the judiciary. That is why we have looked again at Legal Aid, to ensure that the public can have confidence that public money is being used in the best and most effective way.
And that is why we continue to look for further ways to increase confidence. We have launched community justice centres, centres which are designed to work within the community and deliver justice in a way which works for the community, and perhaps most importantly, in a way which the community has trust and respects. We have instigated pilots which aim to deliver criminal justice, simply, speedily and summarily. The question of proportionate justice is not for Tribunals but also for the criminal courts. And we are pushing forward with plans to reform and improve the legal services system. Reforms for lawyers and for the system, which have at their core a desire to ensure the public are protected and have access to services.
Tribunals remain a key part of this reform agenda. Indeed much has already been achieved. But we must not think that this is the end of reform for the Tribunals. We must maintain the momentum.
Tribunals have a vital role to play, it is a unique role.
They deliver justice in a different way to other parts of the system. But this difference is their strength. This difference must be protected. This difference must be effectively utilised as we seek to deliver a change in the public's experience of justice.
Could I turn to how I think this change can be achieved. It can, I believe, be achieved through finding new and better ways of working; through innovation; through using the flexibility the tribunals system provides; and through legislating to open up further opportunities.
As I have already said, I cannot confirm whether there will be legislation forthcoming. But if there was it would open up the possibility for greater flexibility. People in the tribunals could do more. But regardless of this, it is important to be clear, legislation can only provide the foundation for change. It cannot provide the impetus.
That will only come from a move to more fully deliver justice in a way which connects and resonates with the public. From a move to ensure the reputation of the tribunals remains one which has the confidence of the public. And which the public hear more and more about. We want the public to know particular disputes can be resolved in way which they can have confidence that they are getting the best deal.
There needs to be a move to better administrative processes. Processes which ensure the smooth delivery of justice. Processes which minimise duplication and which make the most of a move to joined up ways of working.
We must move towards a modern and effective IT system. We must move increase awareness of the services that tribunals provide. And we must make access to those services as easy and as simple as possible.
There needs to be better case management. Of those which apply to tribunals and of those which really do need resolution before a tribunal.
This will help tribunals to deal with cases quickly and effectively. It will minimise delay for those who need to bring a case before the tribunal.
There needs to be more proportionate dispute resolution. Our vision is to see much greater variety of modern and cost-effective methods to resolve disputes. Not added-on to a standard hearing process but real alternatives which people will willingly use - mediation; early neutral evaluation; conciliation, supported by good independent advice and interactive web-based information.
We need dedicated, good quality, multi-jurisdictional centres. Centres which are designed and located according to user need. Centres which provide accommodation which is of a high standard. Centres which are accessible to all.
I believe multi-disciplinary hearing centres are vital if we are going to deliver a tangible breakthrough in the public's experience of courts and of tribunals. They provide a visible symbol of the move towards putting the public first.
My vision is also for staff, judges and non-legal members to play an increasingly flexible role which best harnesses their talent and expertise.
We will not have rigid demarcation, I hope, between jurisdictions. Judgecraft skills I believe are transferable from one jurisdiction to another.
It is absolutely essential in the public interest that tribunals have a high level of expertise in complex and technical issues. But I would expect the many very able people who now work in tribunals, and who will be working there in the future, to be able to master more than one subject-area, and to be able to deal with straightforward matters across a range of jurisdictions.
I expect that as new systems and skills develop there will be less sitting in hearings, listening to oral advocacy. Judges will be leaders and managers of people as well; Indeed many in tribunals already are. They will be instrumental in setting priorities, dealing with the legal issues, guiding and supporting multi-skilled teams in delivering justice.
This is a challenging vision. There is much to be done. But it is a vision, I firmly believe, which is achievable.
The reforms we are proposing for the Tribunal system are not in isolation. They are part of, as I say, wider reforms. Reforms that are taking place right across the justice system.
They rightly recognise that tribunals are an enormously important, indeed vital, part of the justice system. That the influence they have as for public confidence cannot and should not be underestimated.
And because of the impact tribunals can have, it is imperative that tribunals deliver that confidence.
I am confident that everyone involved with the tribunals system is more than capable of delivering reform. And that they are keen to do so. My confidence is grounded in the successful contribution you here all made to the creation of the Tribunals Service. Success that provides a solid foundation from which move forward.
A move forward to the possibility of further reforms, reforms which would be the most significant for 50 years. Reforms which will provide a tremendous opportunity for the Tribunals system to develop, to innovate and to deliver high quality service for the public.
Tribunals are not the only part if the justice system that is changing. Other parts are changing as well.
But tribunals can play a hugely influential role in making a wholesale breakthrough in public confidence.
Thank you.