Judicial Review and Courts Bill

Debbie Abrahams Excerpts

Report stage
Tuesday 25th January 2022 Commons Chamber

Let me turn to the important matters of judicial review. I agree with the sentiment behind amendment 30: judicial review is indeed an integral part of the UK’s constitution and no Government of any colour should seek to make changes to the way the law on judicial review operates in a way that is unnecessary or disproportionate. However, I assure the House that nothing in the Bill limits judicial review in such a way and the amendment is unnecessary.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Minister comment on the assessment that the judicial review on the shortages of personal protective equipment for health workers would not have taken place had this legislation been in place?

[James Cartlidge]

The point is that these matters are entirely for our independent judiciary. The judiciary will make the judgment on whether the powers in the Bill should be used. I would not want to speculate on whether they would have been used in individual cases; that is not my role as a Minister. We have to have faith in how the judiciary will deploy what are, after all, new flexibilities—as we say, new tools in the judicial toolbox.

Let me move on to the new clauses tabled by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes). New clause 8 seeks to re-establish the ouster clause, in response to a 2019 Supreme Court judgment that asserted that certain decisions of the investigatory powers tribunal would not be subject to judicial review by the High Court. My right hon. Friend knows that we are sympathetic to and see merit in what he says, but we think this is not the right Bill or time, given the complexity involved. We want to look into the matter further, though. I was pleased to discuss it with my right hon. Friend in Committee and would be pleased to meet him further.