Proceedings

Question (this day) again proposed, That the clause stand part of the Bill.

I remind the Committee that with this we are taking new clause 10—Representative actions—

‘(1) The Minister shall make regulations to permit the Equality and Human Rights Commission or a registered trade union to apply to a court or tribunal as appropriate for a representative action order in relation to a defined class of persons (“the class”) who would benefit from the litigation of rights, or common issues in relation to rights that members of the class may have as a result of the provisions of this Act.

(2) The regulations shall make rules in relation to the making and termination of a representative action order and its conduct.

(3) Such rules shall provide for hearings to be conducted in private when it is necessary for the issues between the members of the class and the Equality and Human Rights Commission or a registered trade union to be resolved and those issues are subject to legal professional privilege shared by members of the class.

(4) Such rules shall make provision for the hearing of any issue as defined in subsection (3) to be undertaken and managed by a different judge or tribunal from the judge and tribunal that have the responsibility for determining the rights or common issue in relation to rights, of the member class.’.

Lady Winterton, welcome back to our happy Committee—we are happy because we are finishing early.

I was coming to the conclusion of my remarks before the Committee adjourned. What will happen next is that the Ministry of Justice, which has responsibility for the issue of representative actions and matters across the entire civil justice sector, will respond to the Civil Justice Council. We have done a piece of work that has fed into its deliberations and we would wish to consult, before the recess, on whether representative actions should come into play in tribunals. If we could accomplish that, we would expect it to report and for us to respond early in the autumn, so any legislative provision would be unlikely to catch this Bill before it goes to the Lords. However, we would seek to introduce such a provision when the Bill, which is the obvious legislative vehicle for such a measure, is in the Lords.

If my hon. and learned Friend is able to accomplish that, it will be a huge achievement and greatly welcomed on the Government Benches.

I have always liked being congratulated before I have done anything, so I welcome those comments.

I have listened carefully to the Minister and welcome what she has said. I await with interest what will come forward in summer. Such a provision is vital, so I am pleased that she is moving forward.

It looks like approbation all round, so we will be happy all afternoon.

I understand that this is a rather complicated situation, but it is important. I welcome the Minister’s comments.

Question put and agreed to.

Clause 107 accordingly ordered to stand part of the Bill.