Business of the House

Debate between Jacob Rees-Mogg and Louise Haigh

Thursday 6th February 2020 Commons Chamber

[Mr Rees-Mogg]

My hon. Friend’s point of view is widely shared, and the Prime Minister referred to that yesterday in Prime Minister’s questions. Judicial review is a vital part of our legal system and must be protected, but we should also ensure that it is not abused to conduct politics by other means or to create needless delay. It is worth noting that one reason for there being so much judicial review is that, while the UK was a member of the European Union, law made by this Parliament could be superseded by law made in another jurisdiction. That is no longer the case. Since 31 January, our law and this Parliament are supreme, which I hope will lead to judicial review not being used as politics by another name.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Last month, it was reported that Justice Tolson, the senior family judge in London’s central family court, found that a woman had not been raped because she had not taken sufficient physical steps to protect herself. The Court of Appeal found that his judgment was

“manifestly at odds with current jurisprudence”

and based on “obsolescent concepts” about consent. Justice Tolson is still overseeing cases of domestic abuse and rape in the family court, and just this Monday, despite the Court of Appeal judgment, he made the same ruling again. Complaints have been made to the judicial ombudsman, and it is obviously right that this is handled completely independently of this place, but does the Leader of the House agree that the judge should immediately recuse himself from all cases involving domestic abuse and rape and that the Ministry of Justice’s review should be published urgently, to ensure that victims of rape and domestic abuse are not re-traumatised by the family justice system?

[Mr Rees-Mogg]

I absolutely hear and understand what the hon. Lady says. Her last point—that witnesses should not be re-traumatised—is right and fundamental. Victims ought to be at the heart of our justice system and protected. I am very limited as to what I can say about individual judges. If I may give her a steer, it is perfectly legitimate for this House to debate the behaviour and conduct of judges according to a specific motion, but not, unfortunately, to do so in the back and forth of questions.