Criminal Justice and Courts Bill

Dominic Grieve Excerpts

Tuesday 13th January 2015 Commons Chamber

[Chris Grayling]

That may indeed be an option in the courts. I go back to the Richard III case which, the hon. Gentleman may remember, was brought by Plantagenet Alliance Ltd. It is still to this day not clear to me who the Plantagenet Alliance were and who was behind it. It was launched on the basis of it being the family of King Richard III—his descendants—demanding a right to a say in where he was buried. I suspect that most of us in this Chamber are, in some way, shape or form, descendants of King Richard III given the way the generations have spread out. The Department was subject to a case and won that case. The court ruled that I had fulfilled my statutory duties appropriately. None the less, as a result of that case the taxpayer faced a bill, if I recall correctly, in excess of £100,000. To my mind, that is not good use of public money.

My view, therefore, is that at the very least we should know—as I say, I do not know to this day—who the backers of the Plantagenet Alliance are. It is my full intention to put forward a proposal to set a £1,500 threshold, but I will also be considering how to prevent the use of shell companies to provide a shelter for those bringing judicial reviews. I hope that will command the support of the House. I still do not understand why the Labour party is so opposed to it, because I cannot see how it is in anybody’s interest for public bodies to be subject to court cases by bodies that are unknown. We do not know who is behind them, who has set them up, and whether they are a front for an interest group that we would find utterly distasteful.

[Mr Dominic Grieve (Beaconsfield) (Con)]

The process of ping-pong has narrowed the issues. I am grateful to my right hon. Friend that on the other two amendments he has made an effort to restrict matters, but I have to say that I remain unpersuaded that this amendment will not excessively fetter judicial discretion. I also have to say that the concession made in the Lords, when they tabled a fresh amendment, is difficult to criticise. Obviously, it leaves a measure of discretion to the judiciary, but one that is in my view nevertheless correct. I will need a lot of persuading that the route he is currently taking is not excessively restrictive. For that reason, I cannot support it at the moment.

[Chris Grayling]

The key issue is that it is very easy to define a public interest around public authorities fulfilling absolutely the legal terms of their requirements, but if we accept that that is the case there is often very little justification for a case not being brought. Simply having a public interest test without the exceptional qualification would leave open the opportunity for all of these cases continuing. Where a case is brought for reasons of intentional delay, the case will be argued that this is a matter of public interest. The exceptional level, which deliberately raises the bar, ensures that this part of the Bill achieves its objectives.