Royal Commission on the Criminal Justice System

Debate between Lord Wolfson of Tredegar and Lord Woolf

Tuesday 6th July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am not sure that we need any persuading, because I am not sure that there is anything between my noble and learned friend and myself on the importance of a proper prison estate. We have of course had to pause various programmes because of the Covid pandemic. We are now seeking to reinstate those programmes and—if I may use the phrase—build back a better and more appropriate prison environment.

[Lord Woolf (CB) [V]]

My Lords, it is a pleasure to follow my noble and learned friend Lord Garnier. I was going to congratulate the Government on deciding that there should be a royal commission, but I am now nervous as to whether it will be pursued as it should be. Royal commissions have obtained a reputation for delay, and this is an unfortunate precedent for what is happening now. I hope, however, that we will soon hear what the royal commission’s terms of reference are. I urge the Government that when they determine those terms, they make it clear that there is a clear distinction between criminal and civil law. All too often, that boundary is being blurred—indeed, it could be said that there has been considerable trespass on that boundary. A clear statement by the royal commission could remedy that situation.

[Lord Wolfson of Tredegar (Con)]

The noble and learned Lord will have heard that we have paused work on the royal commission. When we reactivate it, the terms of reference will be an important part of it. He is right to say that there is a distinction between civil and criminal law but with great respect, I am not sure whether it is as sharp as he identifies. The noble and learned Lord will be aware that trespass itself can be both criminal and civil.

Independent Review of Administrative Law Update

Debate between Lord Wolfson of Tredegar and Lord Woolf

Monday 22nd March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, on the first point, the words used by the Lord Chancellor are straightforward; I do not think they need any glossing from me. On the second point and as to trust in the judicial review process, it is important that the process does two things. It enables Governments to govern; equally, it enables them to govern well. Judicial review is important for Governments because it makes sure that they govern well, and within the law. That is why we are particularly focused not only on the recommendations of the panel; we want to go to consultation on other matters as well.

On the last point, as to prospective remedies, with great respect, the noble Lord is simplifying what is a more complex matter. It is far from the case that a prospective remedy gives no remedy to the particular litigant in that case. It all depends on how the prospective remedy is furnished and how people affected by the decision can be compensated or otherwise dealt with during the intervening period. That is precisely why we want to go out to consultation: because the current cliff edge of either no remedy or a remedy ab initio, and a quashing from the moment of the decision, leads to unfortunate consequences. That is as the panel has said, as the Government have responded, and indeed, as the noble and learned Lord, Lord Hope of Craighead, explained in his minority judgment in Ahmed.

[Lord Woolf (CB) [V]]

My Lords, like others, I congratulate the Faulks committee on the work it has done and the circumstances in which it did it. I also indicate that there is at least merit in considering further the two matters which the Government propose to act upon. However, I ask the Government to bear in mind that judicial review has, so far, been very much a process which has evolved. It is most important that it is underpinned by discretion in the judges to see how it is applied. I feel that there will be room for improvements to be made. I welcome in particular the proposal that that should be done in certain instances with the assistance of the Civil Procedure Rule Committee, which has great experience in these matters. There is a lot to be careful about in what was contained in the announcement of the response by the Lord Chancellor. But all these matters can be carefully considered and I propose at this stage to say no more.

[Lord Wolfson of Tredegar (Con)]

My Lords, I am grateful for the comments of the noble and learned Lord, particularly for his support on the two matters he first mentioned. Respectfully, he is certainly right that a number of the suggested procedural reforms would have to go through the Civil Procedure Rule Committee. He made the point that judicial review has evolved over time, and so it has. But, in that context, he may like to see that in the Lord Chancellor’s introduction to the Government’s response, he makes the point in paragraph 6 that an iterative approach to reform is most appropriate. That perhaps chimes with the point which the noble and learned Lord was making about judicial review being a process, and an iterative process at that. Reform will also be iterative.

Serious Criminal Cases Backlog

Debate between Lord Wolfson of Tredegar and Lord Woolf

Tuesday 26th January 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, the MoJ has invested record amounts. There was an investment of £142 million to improve courts, tribunals, buildings and technology. That was, in fact, the single biggest investment in court estate maintenance for more than 20 years. Of course we will build on that, but it would be fair to say that everybody is doing their best in extremely challenging circumstances.

[Lord Woolf (CB) [V]]

My Lords, any backlog in the criminal justice system is worrying because it results in delays, and delays breed delays and result in injustice. They must not be allowed to fester because of the damage they can do to the justice system as a whole. This backlog is especially worrying because of its scale, its subject matter and because it is no doubt substantially due to Covid. What is required is a concerted effort to tackle the backlog and stop it festering and growing further out of control. There needs to be a plan to which all the criminal justice agencies sign up, including the Government, the judiciary and prosecution and defence lawyers, properly resourced to tackle the backlog as a matter of urgency. The Minister seems to suggest that there is such a plan. If so, when does he expect to see an improvement in the current situation and how is the plan being implemented?

[Lord Wolfson of Tredegar (Con)]

My Lords, there is such a plan. I refer the noble and learned Lord to the answer I gave a few moments ago about the crime recovery plan that we set out in September last year. He is certainly correct: there is an old adage that justice delayed is justice denied. We are working very hard to make sure that there are no greater delays than those necessarily caused by the circumstances in which we are living.