what the heck is this?

I believe it refers to this:

http://www.opsi.gov.uk/si/si2009/uksi_20090121_en_1


Statutory Instruments
2009 No. 121

Tribunals And Inquiries

Contracting Out
The Contracting Out (Administrative Work of Tribunals) Order 2009

Made

22nd January 2009

Laid before Parliament

30th January 2009

Coming into force

2nd March 2009

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 40(4) and 145(1) of the Tribunals, Courts and Enforcement Act 2007(1).

In accordance with section 40(5) of that Act the Lord Chancellor has consulted the Senior President of Tribunals.

1. This Order may be cited as the Contracting Out (Administrative Work of Tribunals) Order 2009 and comes into force on 2nd March 2009.

2. The Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff to carry out the administrative work of—

(a) the First-tier Tribunal;

(b) the Upper Tribunal;

(c) employment tribunals;

(d) the Employment Appeal Tribunal; and

(e) the Asylum and Immigration Tribunal.

3. In the table in article 2(2) of the Contracting Out of Functions (Tribunal Staff) Order 2001(2) omit the following entries—

(a) paragraph 7 of Schedule 2 to the Immigration and Asylum Act 1999(3) (Immigration Appeal Tribunal); and

(b) paragraph 7 of Schedule 3 to that Act (adjudicators for the purposes of the Immigration and Asylum Act 1999).

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under-Secretary of State,

Ministry of Justice

22nd January 2009
EXPLANATORY NOTE

(This note is not part of the Order)

This Order enables the Lord Chancellor to enter into contracts with other persons for the provision of staff for carrying out the administrative work of the tribunals listed in the Order. The Order also amends the Contracting Out of Functions (Tribunal Staff) Order 2001 so as to omit entries relating to provisions in the Immigration and Asylum Act 1999 which have been repealed.
(1)

2007 c. 15. Back <1>


Pete

..."2. The Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of staff to carry out the administrative work of—

(a) the First-tier Tribunal;

(b) the Upper Tribunal;

(c) employment tribunals;

(d) the Employment Appeal Tribunal; and

(e) the Asylum and Immigration Tribunal. ".........

This raises serious issues - Confidentiality and Accountability being amonst them, particularly when one sees the use of the phrase
"sub-contractor". What control will the Lord Chancellor's have over who is employed - will they all be CR checked? Will subcontracting agencies be accountable for Document/information security directly to the Lord Chancellor' s dept or to the Company they are contracted to? What's to stop a "sub contractor" sub contracting out itself: or any of them outsourcing work to another country....

Let us not forget the ease with which other Government Departments have managed to "mislaid" confidential information, both directly as in the case of Child Benefit records, or indirectly through contract Couriers,
(sacks of letters and traffic roundabouts in Exeter spring to mind).

To certain individuals, the thought of documents appertaining to Employment Tribunals must sound appealing (apologies) - possible access to Asylum and Immigration Tribunal documents even more mouth watering.

Would this not be an opportune time for someone who is knowledgable in how to use computers for less than totally honest purposes, to explain to the Lord Chancellor's office just how much information one can store on a GB memory stick and how long it takes to copy & download such information.......

As this has come along at the same time as the out sourcing of the Social Fund is also going through the Committee stage as part of the Welfare Reform Bill, I think we can safely assume that if the administration of the workings of a government dept can be contracted out, then sooner or later it will be.

Now then, any offers for MI 5 ......................invisible inks, secret passwords....Hmmm, Toys R Us could handle that ..........

good points, mike. i think confidentiality is a serious issue, and how can government fulfil its legal duties when it hives off its responsibilities to contractors trying to maximise profits and minimize costs and not near as picky as government about whom it employs.

in addition, there are already workers employed in tribunal administration... i don't expect them to be thrilled by this...

how easily their rights are disposed off...and for what reason...?