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Council On Tribunals (Report)

Volume 657: debated on Thursday 5 April 1962

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7.

asked the Attorney-General whether Her Majesty's Government will give effect to the recommendations contained in the latest Report of the Council on Tribunals, namely, that when a Minister proposes to disagree with an inspector's recommendation he will notify the parties to the appeal of his disagreement and the reasons for it and afford them an opportunity for making comments and representations in writing before finally making his decision and, secondly, that when the Minister proposes to depart from the inspector's recommendation, because of fresh evidence on a question of fact, or fresh expert evidence, including expert advice, or the introduction of a fresh issue, the inquiry should, if any of the parties so desire, be reopened and the new evidence or issue should be produced at the reopened inquiry.

The Council's Report was received only last Friday and my noble Friend the Lord Chancellor is studying it as a matter of urgency with the other Ministers concerned. As my noble Friend has already indicated in another place, he is in full sympathy with the Council's approach to this problem. I must, however, make it clear that the Council's first recommendation does not go as far as the hon. and learned Member suggests, for it is confined to cases in which the Minister disagrees with his inspector either because of some factor not considered at the inquiry or because the Minister differs from the inspector on a finding of fact.

Since the recommendations of the Council are clearly in accordance with natural justice, may we hope for fairly speedy action in this case from the Government?