HEALTH
Debate between David Amess and Valerie Vaz(11 years, 11 months ago)
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Mr David Amess (Southend West) (Con)
Before the House adjourns for the Christmas recess, there are a number of points I wish to raise. Members are familiar with the Freedom of Information Act 2000. A number of constituents have raised with me the fact that they think it perverse that they cannot have the name and address of the person who raises the FOI inquiry. I agree with them; I think the law should be changed.
In October, I met Paul Atkinson, from Prysmian Group, who is very troubled by the state of electrical cables. He fears that safety regulation of imports is not currently strong enough, and that this is causing fires, as well as the loss of British jobs. Having recently met fire officers in my constituency, I think this is a real problem.
Earlier this year, I secured a debate on the lack of burial space. There were excellent contributions from the hon. Members for Strangford (Jim Shannon) and for Ealing North (Stephen Pound), and a very good reply from the Under-Secretary of State for Justice, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant). I hope that further work will be done on this issue because, as the hon. Member for Strangford said, the only things we can be certain of in life are death and taxes.
I have long campaigned in this House on the role of the Iranian resistance movement. There have been gross violations of human rights in Iran and the sharp rise in public executions continues. Her Majesty’s Government need further to support democracy and change in Iran, and the National Council of Resistance of Iran must be recognised as a legitimate opposition movement.
A few weeks ago, there was a power cut in my house and that of my next-door neighbour. I complained to E.ON, with whom I settle the bill, as did my neighbour. It was passed on to UK Power Networks, who passed me on to the energy ombudsman, which was an absolute waste of time. No one seems to be responsible for these matters, and my neighbour and I want compensation.
One of my constituents is particularly worried about postal vote fraud. To prove a point, he put five fictional names down at his address to register them as voters, and received postal votes for all of them. The census was obviously not checked to verify the residents in the property. He was arrested for electoral fraud, but the police brought no charges. We are both anxious about what appears to be a very lax system.
Last month, I visited Broadway Opticians in my constituency to see at first hand the different enhanced eye care services that optometrists and opticians can deliver. Community optometrists offer patient-centred, cost-effective quality eye care services in convenient, accessible locations. A key benefit of implementing those enhanced services is a reduction in referral rates to GPs and A and E units. These services are very patchy in our area. I ask what plans my right hon. Friend the Secretary of State for Health has to make sure that these enhanced services are available across the country.
No doubt the whole House would like to see driving become safer—according to my wife, if anyone drove with me they would see why. I was contacted by the Association of British Insurers, which is seeking to change the law on learning to drive. It wants a minimum one-year period for learning to drive and a ban on intensive driving courses. At the same time, it would like to allow teenagers to start learning to drive at 16 and a half, although as a politician I am not so sure about that.
On an issue of great concern to senior citizens, constituents of mine have been informed that their pensions will no longer be paid into the Post Office, but instead will be paid into a bank account. The letters informing them of the change came from Her Majesty’s Treasury, not the Post Office. This change is very difficult for many senior citizens to manage, and I urge Her Majesty’s Treasury as well as the Post Office to think through this change very carefully.
Another constituent of mine has raised with me his issues with Wonga, the pay-day loans company. He is particularly concerned about its television advertising, which does not mention the annual percentage rate of 4,214 applied to loans. It is worrying how easily one can obtain money from such companies. Its website guarantees quick decisions and money delivered swiftly. Any company making such quick decisions on loans can hardly be spending much time considering how the loans might affect the person’s life or how it could be paid back.
Dredging is damaging the environment in my constituency. It is affecting the cockle and the fishing industries, and is fundamentally changing the Southend coastline and affecting Southend pier, the longest in the world. I have seen the evidence with my own eyes. There has been a huge reduction in the amount of mud on the foreshore in Southend and Leigh. The pace of change is very dangerous. I have mentioned it in the House before, and I will continue my ongoing campaign to look after the Southend coastline.
Yet another constituent met me recently to discuss the creation of the supermarket watchdog, which is part of the Groceries Code Adjudicator Bill, introduced in September. Supermarkets can treat suppliers badly without fear of any consequences. Although supermarkets are clearly beneficial to society, we must be careful to protect their customers and suppliers. I congratulate ActionAid on its long campaign and look forward to seeing the watchdog ensure fairness for producers, supermarkets and customers.
A constituent of mine, James Price, who belongs to the Plymouth Brethren, has been in contact with me on a number of occasions regarding the Charity Commission’s plan to remove charity status from the Brethren’s gospel halls. Not only should this group be able to keep its current status, but I am worried about the implications if it cannot do so. I was pleased with yesterday’s ten-minute rule motion on this subject. What is to say that other religious organisations, such as the Church of England or my own Catholic Church, will remain safe if the gospel halls are not?
The final subject that I wish to raise is art. Art is wonderful and should be cherished. Southend West is a centre of cultural excellence. I enjoyed hearing the inaugural concert of Southend youth orchestra and was particularly delighted to hear from David Stanley’s group, the Music Man Project, which offers a unique service for people with learning disabilities. It is absolutely wonderful. David and the orchestra deserve a national audience, and it was my joy to go to No. 10 Downing street yesterday and present the Prime Minister with the DVD. Furthermore, I will be organising an event called “Southend’s Got Talent” on 15 February further to promote the arts in my constituency, and I hope that hon. Members will join me on 4 March in the Jubilee Room, where we will be celebrating all that is wonderful in Southend.
This year, my mother turned 100, and we enjoyed the diamond jubilee and the Olympic games. I do not know what can top it next year, but some of us will be celebrating 30 years in Parliament. I wish you, Mr Deputy Speaker, and all the staff a very happy Christmas, and everyone else good health, peace, prosperity and a wonderful new year.
Valerie Vaz (Walsall South) (Lab)
The hon. Member for Southend West (Mr Amess) is always a difficult act to follow, but it is always a pleasure to do so, and I look forward to hearing the result of his talent contest.
I wish to inject a serious note, because I am asking the Government to rethink their consultation paper, “Judicial Review: proposals for reform”. I speak as someone with experience working for the previous Government on judicial reviews. Yes, they come in thick and fast, but in my view they are a necessary safety valve for society and uphold the rule of law. They are the foundations of our democracy. What is a judicial review? It is a review of a decision by a public authority—a review of legality, unfairness or reasonableness, or of whether there was a personal interest in any decision taken by a public authority.
My first concern is about the consultation period. The paper was published last week, and, in my view, the consultation period is not long enough. I have been in many judicial reviews where judges have expressed concern that there has been little or hardly any consultation. This consultation is taking place over the Christmas period. It is not even the length of a legal term. It will last for six weeks, at least two of which will be taken up by Christmas and new year. That might even be grounds for a challenge. What is the case for change? Page nine of the document states that judicial review has developed far beyond its original intentions. That is not a proper reason based on evidence; it is an opinion.
We are dealing with old powers that go back centuries. Some of the remedies have Latin words such as certiorari, mandamus and even habeas corpus. They have been exercised more extensively, because there has been much more legislation, and that is my second point. The Government are concerned about the growth of judicial review, but, because there is more legislation, there will be more challenges. When decisions are made and discretion goes beyond what Parliament has laid down in legislation, of course there should be challenges. These proceedings are not brought before the court lightly. Judges take very seriously the use and abuse of the court process and do their best to filter out vexatious claims.
My third point is that the Government want to change the process for granting permission to bring judicial review proceedings. Their own evidence shows that permission hearings—first on paper, then orally—are a good filter of cases, so what are the figures? In 2011, 7,600 applications were considered by the court, but only one in six was granted. That makes 1,200. That, to me, shows a court doing its job. It is one gigantic filter. Furthermore, only 300 permissions were granted for an oral hearing.
The oral permissions are important, because they are about getting a fair crack of the whip—to use a judicial review term—and it is right that those cases that have been filtered out get a second chance, because there might be new evidence. Even when they get to the stage of a hearing and an appeal, judges, particularly in immigration cases, are now ordering that the appeal can be pursued from abroad. I am astounded at the suggestion on page 11 that a victory in a judicial review is only a pyrrhic victory. It is a victory in terms of court. It is referred back to the original body for consideration, either because the decision was exercised unlawfully or unreasonably, or on one of the other grounds of judicial review. That is a proper victory within the grounds of judicial review.
I am also concerned about the timeliness aspect. The Government say that judicial review cases take a long time. These are not cases in the Jarndyce v. Jarndyce mould. Where is the evidence that there is delay beyond the three months? Most cases are dealt with in a timely fashion. There is a pre-action protocol that allows information to be exchanged before a case goes to court to be settled. The Government want to reduce the time limit from three months to six weeks in planning cases. That will not make them go away or get dealt with any quicker. What has to be looked at is the listing for a hearing. That is where the delay is. I have said before in the Chamber that we need more judges and more court time. The fact that some of the cases have been heard outside the Strand—in Cardiff, Manchester and other areas where the administrative court sits—is taking cases away from London, and that is a good thing.
My next point concerns fees. The Justice Secretary said that judicial review was being increasingly used by organisations for public relations purposes, but increasing the fees will not make them use it any less. Those organisations can afford it; it is the individuals or the residents groups who will not be able to afford the fees and therefore will be denied access to justice. If we remove access to justice, we remove one of the important parts of a democracy. In my view, the Justice Secretary has not made the case for reform. I ask the Deputy Leader of the House to ask the Justice Secretary what discussions he has had with those who drew up the civil procedure rules about these changes, and what representations he has had from the judiciary, lawyers and others who use the administrative court stating that there is a need for reform.
The case for reform is flawed. As Tom Bingham, the eminent judge, wrote in his excellent book, “The Rule of Law”, judges review the lawfulness of administrative action taken by others; they are the auditors of legality—no more no less. If we are to live in a democracy, we have to expect decisions to be made in cases which are not acceptable to the Executive or Parliament. We would not wish to have a judiciary that agrees with everything the Executive or Parliament does. Judicial review is one of the pillars that hold up a just society. Unforeseen consequences of legislation and the exercise of discretion can be tested in the courts through JR. We not only have great expectations but—in JR jargon—legitimate expectations that the safety valve for society that is judicial review will remain intact. In judicial review, judges exercise a constitutional power that the rule of law requires them to exercise. That is the way it should be.
May I add my voice to others in wishing everyone a merry Christmas and a happy new year and in thanking the staff for all their hard work over the year? Let me also say, on this auspicious day—20/12/2012—that I hope everyone’s dreams come true.