Judicial Review and Courts Bill

Debate between Wera Hobhouse and Matt Rodda

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

It is a pleasure to follow the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright). As someone with no legal training, I always enjoy listening to people with legal training who make clear what the issues are. I hope the Government listen carefully to the concerns that he has raised about part 1 of the Bill. As always, the Government are putting forward perfectly reasonable proposals and mixing them up with something that is very controversial. On the Opposition side of the House, we are not at all convinced that this Bill is anything other than an attack on the most vulnerable and most marginalised in our society, and we want to protect them.

The Government claim that this Bill will hand additional tools to judges. What the Bill actually does is restrict judicial review. Judicial review is working well in this country. Although these proposals might not go as far as many feared, I remind colleagues of Lord Neuberger’s words that judicial review

“is what ensures that the executive arm of government keeps to the law and that individual rights are protected”.

Government accountability is fundamental to our democratic society. That is the principle on which Liberal Democrats oppose this Bill.

Taken against the Government’s broader programme of constitutional reform, it is difficult to see this Bill as anything other than part of a concerted effort to take power away from individuals and to stop them holding Governments to account. In the past year, we have seen: the Police, Crime, Sentencing and Courts Bill, which restricts people’s rights to peaceful assembly and protest; voter ID proposals under the Elections Bill that stop people from vulnerable and marginalised backgrounds from exercising their democratic right to vote; and attempts to weaken the Human Rights Act 1998 and the UK’s commitment to the European convention on human rights. Now we have a Bill that limits people’s ability to hold Governments to account through the courts.

Key elements within the Bill are particularly concerning. Clause 2 permits the courts to abolish Cart judicial reviews and imposes de facto ouster clauses. That removes a vital safeguard in situations where tribunals make mistakes. We have heard about that several times already this afternoon. The vast majority—92%—of Cart judicial reviews are immigration and asylum cases. Many of the remaining cases concern access to benefits for disabled people and other people facing destitution. Those are all situations where the stakes are incredibly high for the people involved.

[Matt Rodda (Reading East) (Lab)]

The hon. Lady is making a fascinating speech and some very strong points. Does she agree that there is now an established body of judicial review going back a number of years that seems to demonstrate that this particular area of law has allowed the Executive to be held to account by the most vulnerable and weakest in our society? Does she also agree that an additional benefit, as mentioned by the former Attorney General, the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright), is that it focuses the minds of those working in Government—in particular those in the civil service and Ministers—to provide better quality decision making in the first place?

[Wera Hobhouse]

This issue absolutely is about that particular section of society who seem to be under attack in this case. Decisions have been made where those people should have been supported in the first place, and then they do not even have a comeback under the law, and that is just wrong.

What is more, the low success rate, which the Government are using to defend their plans, massively understates the number of Cart judicial reviews that secure a positive outcome for the claimant. Scrapping Cart judicial reviews goes against everything that a fair-minded liberal democracy stands for. We Liberal Democrats will never cease to stand up for such rights.

The Government state in their press release that

“it is expected that the legal text that removes the Cart judgment will serve as a framework that can be replicated in other legislation.”

In other words, they are admitting that the Bill is the thin end of the wedge and that it could open the door to more ouster clauses in the future, which would create whole areas of Government action that could not be judicially reviewed, making them immune from accountability through the courts.

Liberty has described the Bill as

“part of this Government’s bid to make itself…untouchable.”

The Law Society warns that the Bill

“should ring alarm bells for people who come up against the might of the state.”

There can be no justification for such a Bill in a democratic society. I urge colleagues across the House to vote against it.