NHS (Charitable Trusts Etc) Bill

Debate between Jacob Rees-Mogg and Richard Bacon

Friday 22nd January 2016 Commons Chamber

[Mr Richard Bacon (South Norfolk) (Con)]

Will my hon. Friend give way?

[Mr Rees-Mogg]

I was about to finish, but yes I will give way.

[Mr Bacon]

I was in the Tea Room and heard that a very fashionable Member was making a speech, so I thought I had better return to the Chamber at speed, which I did, and I am glad that I caught the end of my hon. Friend’s remarks. A liability might not arise in the way he describes, but surely he recognises that if the Secretary of State may allow the logo to be used, that would give rise to the possibility of judicial review. The Secretary of State may allow it in one case but not in another, and somebody who felt aggrieved by that could challenge the decision in the courts. Has my hon. Friend made any assessment of the extra cost of litigation for the Government and the NHS in defending such proceedings?

[Mr Rees-Mogg]

My hon. Friend has been caught up in this idea of fashion, and I am afraid that he speaks of yesterday’s fashion of judicial review. The great work done by the now Lord President of the Council and former Lord Chancellor, my right hon. Friend the Leader of the House, in restricting judicial review means that I simply do not think that that would now be a risk. It would have been a risk in those fashionable new Labour days, when people were judicially reviewing everything and having bogus consultations, which I spoke about earlier. That set the fashion for judicial review, but it is yesterday’s fashion. Those of us who are modern and who are with it—in the current phraseology—know that judicial review is yesterday’s news in such a context. Therefore, I do not believe that this would be a risk. It is a sensible way to deal with a problem that has arisen and to prevent it from arising again.