Judicial Review and Courts Bill

Debate between Baroness Winterton of Doncaster and Janet Daby

Report stage
Tuesday 25th January 2022 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

There has been a lot of turmoil on the Government Benches over the past few weeks—partygate, allegations of blackmail and now Islamophobia. But one thing remains consistent and there is one thing we can count on: the Government have their eyes set on authoritarian rule.

Just look at the recent legislation brought before this House. The Nationality and Borders Bill grants the Government power to strip citizenship without notice. The Elections Bill imposes mandatory voter ID, discriminating against deprived and disadvantaged communities. The Police, Crime, Sentencing and Courts Bill gives the Government the ability to suppress protest that they deem too noisy.

The Government’s own manifesto promised to protect the individual from an overbearing state, yet this Bill does the opposite, fortifying the Government’s power grab. Judicial review enables individuals to challenge the legality of decisions made by public bodies. It ensures that decisions are made in the right way. When honoured, it is a vital process in checking the power of the Government and it is often the sole key to justice for the most vulnerable.

Without judicial review as it stands, EU citizens would have been deported for rough sleeping, innocent NHS staff would have lost their pensions and a child’s cardiac surgery clinic would have been unlawfully shut down. But instead of strengthening judicial review, this Bill strangles it.

Clause 1 incentivises the use of prospective-only quashing orders. That would mean that when a judge overturned a decision that they deemed illegal, justice would be available only for subsequent claims going forward. The judgment would no longer be retrospective. Past victims hurt by illegal decisions would receive no compensation. That does not sound fair or right to me. This measure hollows out the power of judicial review and inevitably means that more justice will be left unaddressed. In fact, as the right hon. Member for Haltemprice and Howden (Mr Davis) said, the proposals

“tip the scales of law in favour of the powerful.”

Is that not the story of this Government—more money for the wealthy and powerful and an absent hand for those who need it the most? The whole point of a democracy is that the state should not be able to steamroll its citizens, particularly the most vulnerable.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Just a little reminder: it is important to refer to the amendments as well as the clauses in the Bill, as we are at that stage of the proceedings.

Long Covid

Debate between Baroness Winterton of Doncaster and Janet Daby

Thursday 14th January 2021 Commons Chamber

[Janet Daby (Lewisham East) (Lab) [V]]

I thank the hon. Member for Oxford West and Abingdon (Layla Moran) for arranging this important debate, which I hope will raise awareness of the issue, and cause the Government to reassess the rate of sickness benefit and to invest in research.

Long covid can affect anyone who has caught the virus. It is another one of those invisible illnesses that people cannot see, and many still do not know it exists. Constituents, friends and family have reached out to tell me of their physical and mental struggles with long covid. Persistent breathing problems and coughing, fatigue, dizziness, chest pains and insomnia are some of the things that have been mentioned to me. Even getting a diagnosis has been challenging, with people having to go through all manner of scans and tests. The lack of explanations and solutions has led to support groups being created online, where people with long covid can connect with one another and share their difficulties. But not everyone has online access and not everyone is able to communicate their experiences. Low public awareness of long covid leaves sufferers feeling even more isolated. I would be grateful to hear from the Government how they will raise the profile of this illness.

The NHS is desperate to help these patients, but it needs help from the Government to do this. The Government need to ring-fence funding for research into the illnesses and find treatments. People with long covid also often find their ability to work seriously affected. The economy suffers from this section of the workforce being incapacitated. Sick pay is £95.85 per week. My constituent’s rent in a shared home is £900, with bills, each month they are short of more than £500, and their situation is not dissimilar to that of others, which means that the sickness pay rate is inadequate.

Another constituent asks me:

“How much longer is our society going to keep treating people with illness as a burden? How long are people going to face such hard decisions just to keep living?”.

Although I cannot give my constituent all the answers they need, I, along with colleagues today, call on the Government to recognise this illness, commit to reassessing the sick pay rate, and fund research treatments to cure and help sufferers with long covid.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I realise that a number of colleagues have not been able to get into this debate. As I have said, we had a very short time for it. The Front Benchers have agreed to speak for less time than they normally would, and I now call the Scottish National party spokesperson, Neale Hanvey.