Criminal Justice and Courts Bill

Debate between Lord Deben and Lord Horam

Tuesday 9th December 2014 Lords Chamber

[Lord Deben]

I have taken advantage of now being able to look up online in this House the suggestions as to why these cases are important. The first one is a case study on residential development in which the judge decided that there were two grounds of law which ought to be met. They were discussed and both were dismissed. Is my noble friend really saying that because it was inconvenient those two particularities of law should not be looked at? There is a second case put before us about a free school which is quite complicated but there were people who had a real issue. They are the only two cases to explain the argument that there have been more and more cases of judicial review. Frankly, there have been more and more cases of the Government interfering in the detailed arrangements of life and therefore it is not surprising that the number of judicial review cases has increased.

[Lord Horam]

I cannot comment on a churlish Government interfering more and more in the minutiae of daily life. That is something the Government would have to answer. None the less, the fact remains that the use of judicial review, where people are really arguing about the merits of a project, case or change in the NHS, in education or whatever, is fairly extensive. Indeed, I am told by friends and acquaintances in the lobbying industry that if you go to a lobbying company and say, “We are worried about this project and we want to object to it.”, one of the things it will tell you is that if you can afford an expensive lawyer it will find a technical means through judicial review of objecting to the proposal. That is a standard part of the package, I am told. It is hearsay, I fully accept that, but I am told that it is a standard part of the lobbying system in this country. They are the sort of examples I am aware of. It is not particularly statistical evidence but in this field that is rather hard to come by. None the less, it gives a flavour of what is happening out there in the ordinary world.