The Second Report of the Council on Tribunals
| DOI | http://doi.org/10.1111/j.1467-9299.1961.tb01779.x |
| Published date | 01 December 1961 |
| Date | 01 December 1961 |
The
Second
Report
of
the
Council on Tribunals
HE
Council on Tribunals* was set up under the Tribunals and Inquiries
T
Act, 1958, to review and report upon the constitution and working
of administrative tribunals and to keep watch on those administrative
procedures which involve or may involve the holding of a statutory inquiry
by or on behalf of a Minister of the Crown. The Second Annual Report
of the Council, published in June 1961, records not only a growth in the
work of the Council but a change in the nature of their work.
“
In 1960
at least
122,000
cases, most of them involving some form
of
dispute between
a private individual and a government department, were decided by
administrative tribunals under the supervision of the Council and its Scottish
Committee. In addition appeals against planning decisions and objections
to compulsory purchase orders made by local authorities were the subject
of some
5,700
statutory inquiries” within the Council’s purview. The
Council were primarily concerned in their first year of office with the collection
and analysis of available material, the consideration of rules of procedure
submitted to them, advising on matters referred to them by the Lord
Chancellor and the Secretary of State for Scotland and with visiting tribunals
at work. The Second Report shows, however, that in 1960, although much
of the Council’s time was occupied with these activities, they were no longer
their main preoccupation. The Council say that
“
statutory inquiries now
demand at least as much attention as tribunals, and we are increasingly
occupied with the consideration
of
comments and complaints from members
of the public.”
ADMINISTRATIVE
TRIBUNALS
AND
STATUTORY
INQUIRIES
With statutory inquiries now demanding much more of their attention, the
Council are at pains in their Second Report to stress the fundamental
distinctions between tribunals and inquiries, and
to
indicate the differing
extent of their responsibilities towards these two types of bodies.
Inquiries in the main are concerned with the use of land, where public
and private interests conflict and a decision of policy is required from the
Minister. Such conflicts may arise from the refusal of a local authority
to grant planning permission for the building
of
a private house
or
petrol-
filling station, or from the serving of a compulsorp purchase order on private
property which stands in the way of a road-widening scheme. The Minister
is required by statute to hold an inquiry before making his decision,
so
that
objections may be fairly heard and also to ensure that he is fully informed
of the facts
of
the Case. The.Counci1 refer to the point made by the Franks
Committee that the process by which a Minister arrives at a decision after
*A note on the constitution and functions of the Council on Tribunals and the main
377
aspects
of
its First Annual Report appeared in the Autumn
1960
issue, pp.
273-8.
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