Independent Review of Administrative Law

Felicity Buchan Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

My legacy, I hope, if these proposals are, after consultation, taken forward in the form of legislation, will have been to enhance the options available to the judiciary. If we look at the remedy proposals, we will see that creating extra powers such as suspending quashing orders, and other types of discretionary remedies, will allow the courts to take a more surgeon’s scalpel-like approach to some of these issues, rather than the sometimes rather blunt sledgehammer of quashing a particular decision, making it a nullity, or, at the other end, making a declaration of unlawfulness. I hope that my legacy, whenever it comes, will have been to increase the discretion of the courts and to rebalance their position within our unwritten constitution.

[Felicity Buchan (Kensington) (Con)]

It seems to me that we need to find the right balance between protecting the rights of individuals to rightfully challenge Executive power and ensuring that government can proceed effectively without vexatious legal claims. How will my right hon. and learned Friend ensure that we get the right balance?

[Robert Buckland]

I entirely agree with my hon. Friend’s characterisation. The use of the word “balance” is very much at the essence of what I as a Conservative and Lord Chancellor believe in. I can give an example. We can see from the Cart judicial review process, which I have mentioned, how such a process can be used to press claims that, frankly, have no merit and result in delay, which frustrates lawful action. By streamlining those procedures, by ensuring that the existing, reliable and sufficient routes of appeal are there, we can ensure that claims are dealt with quickly, fairly and in the proper place.