Judicial Review and Courts Bill

James Cartlidge Excerpts

2nd reading
Tuesday 26th October 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

I am grateful to all right hon. and hon. Members who have contributed today. It is an honour to follow the hon. Member for Hammersmith (Andy Slaughter). He asked if he should be welcoming me to my place; I am grateful to him for that. I also welcome him. I know that he performed his role for many years, from 2010 to 2016, but it is good to see him back in his place. I look forward to debating with him.

This is my first opportunity to speak in the role of Courts Minister, so I want to take a moment to put on record my enormous gratitude to all those on the frontline in our court system, including our judiciary, practitioners, all court staff and clerks. They have all put in one hell of a shift during the pandemic to keep justice going in this country. It makes me proud to be British.

The one thing that I would stress, having visited the courts and seen how they have had to adapt, is just how much social distancing rules disrupted the judiciary. The 2-metre social distancing particularly affected juries in the Crown court. It has been very difficult. For that reason, a significant backlog has accumulated and we have been open about that. The key thing is that we have been active in bringing forward positive measures to address that backlog. We provided £250 million of funding during the pandemic, which enabled us to lift the limit on sitting days in the Crown court, and rapidly to roll out technology to keep justice going online during lockdown, which was incredibly important. Of course, we also brought forward our famous Nightingale courts, which have done an amazing job in helping us, particularly with bail cases.

This Bill plays its part in those positive steps to address the backlog. The common thread is streamlining justice: digitising in-person processes where appropriate; removing Cart judicial reviews, which use disproportionate resource; and enabling more triable either-way cases to be sent from the Crown court to the magistrates so that Crown courts have more capacity for dealing with very serious criminal trials, potentially including rape and murder. The Bill will build on the lessons of the pandemic. It streamlines our justice system by digitising a range of procedures so that we bear down on the backlog and at the same time improve the day-to-day experience of our constituents in the court system.

We have had a wide-ranging debate. Inevitably, the focus has been on the measures on judicial review. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, made a wonderful speech, not least when he extolled the glories of English liberty. He said that the judicial review reforms are measured and focused, and I do not think that he would be described as an enemy of the judiciary or someone who supports revolutionary measures. These are sensible, proportionate measures.

The right hon. Member for Tottenham (Mr Lammy), with whom I look forward to debating further, said that these measures weaken quashing orders. I take completely the opposite view. The measures strengthen quashing orders and thereby strengthen judicial review. The best way to prove that is to refer to an important and very real case study, which many hon. Members will remember, particularly those, like me, who served in the last Parliament and represent rural constituencies.

Members may recall the problems caused in 2019 when Natural England decided to revoke general licences for shotguns—shotguns that enabled farmers, landowners and gamekeepers to shoot pest birds. That happened in response to a threatened judicial review. The decision created immediate widespread chaos for licence holders, who were left without the necessary legal certainty as to how they could protect their livestock. I know this because I was on the receiving end of emails about the issue from my constituents, as many other hon. and right hon. Members will have been.

The uncertainty continued for a period of seven weeks, until Natural England was able to issue new licences. It is not for me to speculate about how the judicial review might have proceeded if it had gone right through the court. However, we can refer to the advice that might have been given to Natural England. Had the remedies included in clause 1 of this Bill been available at the time, we can suppose that Natural England might have been more willing to contest a judicial review in the knowledge that, even if the existing licence scheme were found by the court to be unlawful, the court had the ability to act prospectively—that is, to protect past reliance on old licences, which, after all, was made in good faith; farmers using those shotguns would have done so in the belief that they were acting lawfully.

In my view, we should always seek to avoid, where possible and without good reason, acting retrospectively when the person concerned could not possibly have known what the case would be in the future. A remedy of suspension could also have been used, because of course it took three months to bring forward the new licences. If the suspension had been for that sort of period of time, we could have avoided detriment. That is the point. Those who brought the case would still have got their “victory in court”, as my hon. Friend the Member for Bromley and Chislehurst talked about earlier, but the key point is that we would have spared our constituents detriment. That is why these measures are positive. That is why they support a very important principle of judicial review that has not been mentioned, which is better public administration of the law in the best interests of our constituents. As the National Farmers Union said at the time, “People have been left without a legal means to control problem birds. Their inability to protect livestock, crops, wildlife and livelihoods in ways which the law has until now allowed has left them concerned and angry.” Now we would have a way to help them in practice.

Turning to Cart judicial reviews, again there was lots of passionate argument on this very important point of the Bill. My right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) made one of the most fundamental points about parliamentary sovereignty where we have to question whether it was the intention of this place to legislate so that appeals would go beyond what is effectively the superior court of appeal within the jurisdiction of the tribunal. We think that was not the case.

My hon. Friend the Member for Newbury (Laura Farris) made an absolutely brilliant, barnstorming speech. On Friday she took apart Labour’s case for fire and rehire and today she has taken apart its case on Cart JR. She asked the very important question of why immigration should be the exception when so many other jurisdictions of law do not have, with no offence to the hon. and learned Member for Edinburgh South West (Joanna Cherry), three bites at the cherry. This is a very important point. The idea of having a superior court like the upper tribunal is absolutely consistent with the principles of article 13 of the European convention of human rights, so three bites at the cherry should not be needed to be consistent with that article of human rights. That is a fundamental point and we respect it with our reforms to judicial review.

Turning to the right hon. Member for Tottenham, he said that he was young and naive when he supported remarkably similar measures back in 2004. I think it would be remiss of us not to have two bites at the cherry with regard to Labour’s Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004. He may have been young and naive but the Prime Minister was Tony Blair, and he was not young and naive. Why does the right hon. Gentleman think that the Government led by Tony Blair thought they should bring forward a Bill like that—because it was some radical assault on the judiciary?

Let us remind ourselves of what that Act did. It contained a provision to remove judicial review from immigration and asylum appeals. That probably sounds a bit familiar. What was the justification? I hope that the hon. Member for Glasgow North East (Anne McLaughlin) is listening. The justification, as revealed by the right hon. Gentleman in Committee at that time, because he was the Minister concerned, was that only 3.6% of cases were successful. That was the argument that Labour used in 2003 and 2004: does it ring any bells? What was the method? The method was an ouster clause, but not any ordinary ouster clause—not a tightly drawn ouster clause like the one in this Bill—but an ouster clause drafted so widely that in Committee the then Constitutional Affairs Minister admitted that it was the mother of all ouster clauses. Who was the Constitutional Affairs Minister? It was the right hon. Gentleman.

[Mr Lammy]

I hesitate to interrupt the hon. Gentleman in his oration, because he was getting into his groove, but I would just say to him that it was dropped—it was never enacted, so poor it was.

--- Later in debate ---

[James Cartlidge]

They pulled it because they were going to get hammered in the House of Lords.

On Cart JR, the hon. Member for Bath (Wera Hobhouse) seemed to imply that somehow an ouster clause is fundamentally against the interests of holding Government to account. Every day that this place is sitting, hon. and right hon. Members will stand up and speak on behalf of their constituents on serious matters. I once spoke in a debate on the Adjournment—the one where our former colleague spoke many times. I spoke on a very serious case in my constituency of a very vulnerable man who had had a stroke and had, I felt, been let down by a company in my constituency. I was able to name that company in this House and hold it to account, as we all do. On what legal basis was I able to do that? It was article 9 of the Bill of Rights 1689—effectively a very ancient ouster clause that ensures that proceedings in this place are not subject to the courts, as you well know, Madam Deputy Speaker.

We all benefit from an ouster clause, and it helps us to hold the Government to account.

[Joanna Cherry]

It was generously suggested earlier that the Minister might respond to my query about the impact of clause 2 on the treaty of Union and the Scotland Act 1998. It is a slightly complicated point, but if I write to him about it, will he get back to me, because it is a really important point? If the Law Society of Scotland is right, the Bill needs a legislative consent motion.

[James Cartlidge]

I have to be honest with the hon. and learned Lady: it is very kind of her to ask me to write to her, because that is what I would have suggested in my answer anyway. Speaking to her earlier question, we do not think a legislative consent motion is needed, because the Cart judicial review only covers reserved matters.

Coming quickly on to the online procedures, these are incredibly important. I know from my own business—we started doing mortgages online in 2005—that those procedures we are used to doing face-to-face can be conducted online, provided there is good software and safeguards and support in place. I refer to the speech of my hon. Friend the Member for Crewe and Nantwich (Dr Mullan). He is a brilliant MP. He is my parents’ MP, and they tell me he is a fantastic campaigner. He asked, as did the hon. Member for Battersea (Marsha De Cordova), who was here earlier, what help would be provided for vulnerable users. I can assure my hon. Friend and the House that we take that incredibly seriously. With all these procedures that will be taking place online, or at least where there is an option to go online, there will be strong support and safeguards in place, in particular to protect vulnerable users. In those key choices of, for example, entering an early plea online, there would always be the option for the person concerned to ask for their case to be heard in the flesh in the traditional way.

I have a few final points. We had a number of other excellent speeches. My hon. Friend the Member for Aylesbury (Rob Butler) served as a magistrate before coming to this place. We are all proud of the excellent work of our voluntary judiciary. A number of my hon. Friends, including my Parliamentary Private Secretary, my hon. Friend the Member for Hertford and Stortford (Julie Marson), have been or are magistrates, as I assume have Opposition Members. I would love to meet them to talk about what more we can do to support magistrates. My hon. Friend the Member for Aylesbury praised the very important measures in the Bill, not least the measure that will ensure we can remit cases from the Crown court to the magistrates court. That is so important because it frees up time in the Crown court to hear those important criminal cases that are backlogged—the rapes, the murders and so on.

It is a great honour to be asked to become a Minister in the Department responsible for the world’s greatest justice system. It is so great is because of its fundamental core of the rule of law and the independence of the judiciary. If we are to sustain that system not just beyond covid recovery, but for the long term, we need to keep modernising our courts and to digitise and use technology as much as possible, while balancing that out with safeguards for the vulnerable. It is quite simple: with this Bill we can build back better and beat the backlog. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

Ministerial Code

James Cartlidge Excerpts

Monday 26th April 2021 Commons Chamber

[Michael Gove]

As someone once said in a different context, “recollections may vary”.

[James Cartlidge (South Suffolk) (Con)]

The question today relates to the ministerial code and to Government Ministers, but has my right hon. Friend reflected on the fact that while the hon. Member for Leeds West (Rachel Reeves) was asking her questions, a number of her own Front-Bench colleagues are under the direct employ of prominent and well-known lobbying companies? Does my right hon. Friend agree that if we are to look at the ministerial code, we should also look at the rules governing shadow spokesmen?

[Michael Gove]

That seems to be an important point and one for the House to consider.

His Royal Highness The Prince Philip, Duke of Edinburgh

James Cartlidge Excerpts

Monday 12th April 2021 Commons Chamber

[James Cartlidge (South Suffolk) (Con)]

It is a real pleasure to follow the great speech of my hon. Friend the Member for Bexhill and Battle (Huw Merriman); only he would get the Transport Committee in on a day like this, as its Chair. It is a great honour to be called to speak. While I did not have that great privilege of meeting the Duke of Edinburgh, we share an important experience—the raising of four children, particularly that quad of three sons and a daughter.

I wonder how the generation represented by my six-year-old twins will remember the Duke of Edinburgh in the decades ahead. I am absolutely confident that he will be remembered as fondly in the future as today, for the simple reason that his single greatest attribute is timeless—public service. As my right hon. Friend the Member for Maidenhead (Mrs May), our former Prime Minister, said so perfectly, this was a man of extraordinary qualities and skills, who could have achieved almost anything in what we might call a private capacity, yet he made the choice to sacrifice all that opportunity for duty—service to the Queen and, ultimately, the nation. For that, I offer profound thanks.

On behalf of my constituents, I offer my condolences to Her Majesty the Queen and the royal family. I just hope that they draw some comfort from the fine speeches we have heard from all parts of the Chamber today. May he rest in peace.

Public Services

James Cartlidge Excerpts

Tuesday 28th April 2020 Commons Chamber

[Mr Speaker]

Imran Hussain has withdrawn, so I go to James Cartlidge.

[James Cartlidge (South Suffolk) (Con) [V]]

My constituents have of late been spending more of their time than usual on gardening, with nowhere to dispose of significant waste because of the closure of household waste recycling centres. Will my right hon. Friend consider reopening such centres fairly soon, because they would appear to offer a low risk of infection but considerable amenity to our constituents?

[Michael Gove]

My hon. Friend makes a very important point that I will take into account as we consider how we relax restrictions.

Transport Infrastructure

James Cartlidge Excerpts

Tuesday 11th February 2020 Commons Chamber

[The Prime Minister]

As I have told the House, we have electrified the line up to Cardiff. When it comes to tunnels—it is not a widely known fact—the Welsh Labour Government, which the hon. Gentleman supports, spent £144 million on a study on whether or not to open the Brynglas tunnels. Open the tunnels and unblock the muscles of the Welsh dragon.

[James Cartlidge (South Suffolk) (Con)]

I very much welcome the statement, particularly my right hon. Friend’s commitment to a more convenient ticketing system. Many of my constituents commute into London three or four days a week for a better work-life balance, but find that they have no choice but to pay the cost of a full-time season ticket. I urge him to ensure that the trial of part-time season tickets is rolled out nationwide so that we have a ticketing system that suits the modern-day reality of our flexible labour force.

[The Prime Minister]

My right hon. Friend the Secretary of State for Transport assures me that that is indeed his intention.

Local Government Finance

James Cartlidge Excerpts

Wednesday 5th February 2020 Commons Chamber

[Andrew Gwynne]

As I have said in previous debates, it is incumbent on the Government to come forward with proposals. We are still waiting for the Green Paper promised in the last Parliament and the Parliament before that. The fact of the general election is that the hon. Gentleman’s party is in power and it is incumbent on Ministers to come to this House to explain how they are going to try to resolve this crisis in adult social care.

We will sit down with Ministers. We have our own ideas. We will share ideas with the Government. We will come to some kind of consensus if we can. But of course the history on this is not great; I remember the former Health Secretary, Andy Burnham, having cross-party talks in the dying days of the Labour Government, and it looked as though we were getting agreement with the shadow Health Secretary, Andrew Lansley, and the Liberal Democrat spokesperson—until the general election came, and then there were posters everywhere saying, “Labour’s death tax” and “Andy Burnham’s death tax”. We have to move away from that and tackle this issue seriously.

[James Cartlidge (South Suffolk) (Con)]

Further to the intervention by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), a few weeks ago I intervened on the shadow Health spokesman, the hon. Member for Leicester South (Jonathan Ashworth), to ask whether he would support social insurance. He flatly ruled it out. All we are asking is that if we are going to have cross-party talks, surely all credible options should be on the table.

[Andrew Gwynne]

I reiterate what I just said: it is for the Conservatives to come forward with their proposals. We will view those in the round with other ideas and see whether we can reach a consensus. I know that there are different views on both sides of the House about a system of insurance, but I am not personally in favour of that. I think that actually the easiest and quickest way to resolve the social care crisis in local government is to make sure that we fund social care through local government.

I want to come on to the issue that could make the situation that I have set out even worse for many of the same local authorities that are already at breaking point. The research from the Local Government Association has exposed the so-called fair funding review for what it really is: a cynical plan that risks leaving more sick and vulnerable people without the care they need. If implemented in the way that the LGA has calculated—and MHCLG apparently told the LGA that its assumptions were along the lines that the Ministry is going—then funding for social care for older people is due to drop in London, the west midlands, the north-east and the north-west, while the south-east and the south-west will see an increase in many areas. For young adults, the largest decreases will be seen in the north-west, the north-east, Yorkshire, the east midlands and west midlands, while the south-east and east of England will see some of the largest increases.

This research from the Tory-led LGA has shown that many of the areas that voted for, and put their trust in, the Conservatives for the first time in 2019—the so-called red wall seats—will see some of the largest cuts to social care funding if the plans go ahead in the way that has been outlined. Indeed, three quarters of those red wall constituencies—the seats that gave the Prime Minister his majority—will see millions of pounds of funding diverted from their hard-pressed councils to another part of the country. The LGA Labour group estimates that that is £300 million of funding that will be funnelled from less affluent councils to the more affluent communities.

But even worse than both those factors is the effect that there will be on the most deprived communities. The 10 most deprived local authorities in England will see, on average, a 13% cut, while the wealthiest communities in England will see their budgets grow by 13%. This model was devised back in 2014 at the height of coalition austerity; perhaps it was then politically expedient for the Conservatives to divert funds to leafy Tory shires at the expense of more deprived metropolitan and urban communities. But given that the Prime Minister’s claim that austerity is over, divvying up an ever-shrinking pot differently is so last Parliament—in fact, it is so the last two Parliaments before the last Parliament—and it is certainly no longer politically expedient.

Last week, I wrote a letter, with council leaders, to the red wall Members on the Government Benches, urging them to speak out against a plan that will see cuts to adult social care—one of the largest cost pressures facing all local councils, particularly those in deprived areas. I know from some of the responses that Government Members have given to the press that the calculations from the LGA have been dismissed as speculation. I say to those Members that this analysis was produced by the cross-party LGA and was released officially to support councils as they plan their budgets in the coming years. The analysis that the LGA produced was also informally shared with MHCLG, whose officials privately confirmed that the assumptions in the analysis are sound.

This new research is also consistent with what we already knew. Last year, researchers in Liverpool warned that removing deprivation from the funding formula would see the 20% most deprived areas lose £390 million a year. The Institute for Fiscal Studies has warned that removing deprivation from the formula would likely hit councils in inner London and most other urban areas, like Manchester, Birmingham, Newcastle, Bristol and Kingston upon Hull, where deprivation tends to be not just concentrated but over-concentrated. The IFS states that

“proposals by the government to base assessments of councils’ needs for spending on services like homelessness prevention, public transport, waste collection, libraries, and planning on population only would shift funding from councils serving deprived areas to those serving more affluent areas.”

It has also warned that the evidence base to justify this decision is weak.

Oral Answers to Questions

James Cartlidge Excerpts

Wednesday 23rd October 2019 Commons Chamber

[Oliver Dowden]

The Government remain committed to maintaining the unity of our United Kingdom. That is why the Prime Minister has negotiated a deal that enables Northern Ireland to leave the customs union alongside the rest of the United Kingdom and has a consent mechanism for the arrangements included in that treaty.

[James Cartlidge (South Suffolk) (Con)]

7. What recent steps the Government have taken to ensure that (a) businesses and (b) the public are prepared for the UK leaving the EU.

[Mark Pawsey (Rugby) (Con)]

13. What recent steps the Government have taken to ensure that (a) businesses and (b) the public are prepared for the UK leaving the EU.

[The Minister without Portfolio (James Cleverly)]

Making sure that business and the public are ready for Brexit is a priority of the Government. That is why the Prime Minister negotiated with the EU a new withdrawal agreement that will end the uncertainty, secure an implementation period and ensure we leave with a business-friendly deal. Yesterday, the House backed the Prime Minister’s deal but voted to delay Brexit and extend uncertainty for business and citizens alike. As the EU has not responded to Parliament’s letter, the only responsible course of action now is to accelerate preparations for a no-deal outcome. The Government’s EU Exit Operations Committee is now meeting seven days a week. We will maintain our public information campaign, and Ministers and officials will continue to meet businesses of all sizes to provide advice and guidance, building on the thousands of business and other stakeholder engagements already recorded.

[James Cartlidge]

In my previous exchange with the Chancellor of the Duchy of Lancaster, I asked him what steps would be taken to support firms and farms affected by no deal and he set out the plans for Operation Kingfisher. How much funding will be set aside for Operation Kingfisher?

[James Cleverly]

We continue to work closely with the farming sector to ensure that it is fully prepared for when the UK leaves the EU. We have pledged to continue the same cash total in funds for farm support until the end of this Parliament and we will do whatever is necessary to protect our farming communities.

European Union (Withdrawal Agreement) Bill

James Cartlidge Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

On Saturday, we warned that, if the House passes the Government’s deal, it would be a disaster for our country. Now, as we look through the details of the Bill, we see just how right we were: page after page of what amounts to nothing less than a charter for deregulation and a race to the bottom; a deal and a Bill that fail to protect our rights and our natural world, fail to protect jobs and the economy, and fail to protect every region and nation in the United Kingdom. The Bill confirms that Northern Ireland is really in the customs union of the EU and goods will be subjected to tariffs. On Saturday, the Prime Minister said there would be no checks, but yesterday the Brexit Secretary confirmed to the Lords European Union Committee that under the Government’s proposals Northern Irish businesses that send goods to Great Britain will have to complete export declaration forms, and today the Government estimate—this is the Government’s estimate—that exit declaration forms will be between £15 and £56 per customs declaration. So the Prime Minister was at best—I am being generous here—mistaken on Saturday. The more divergence, the harder that border will become and the greater danger and risk it will put on the historic Good Friday agreement.

[James Cartlidge (South Suffolk) (Con)]

Does the right hon. Gentleman think that we should still leave the European Union—yes or no?

[Jeremy Corbyn]

We are challenging this Bill today and that is the whole point of this debate. As the hon. Gentleman well knows, my party’s policy is that we would negotiate an appropriate deal with the EU and allow the people to make the final decision. This deal leaves open the possibility of the UK crashing out of the EU without a deal by the end of next year.

Preparations for Leaving the EU

James Cartlidge Excerpts

Tuesday 8th October 2019 Commons Chamber

[Michael Gove]

The business readiness fund has been well subscribed by organisations such as the Institute of Directors and the Federation of Small Businesses, to make sure that businesses are prepared for life outside the EU.

The leave campaign made the position clear, and people voted for us to leave both the single market and the customs union. Yes, leaving the customs union means new customs procedures with the EU, but it also means that we have opportunities to strike new trade deals with other countries, and to be a champion for freer trade across the world. Freer trade reduces prices for consumers in this country, and also helps the developing world. I should have thought that supporting the poorest in this country, and supporting the poorest globally, would recommend itself to the Liberal Democrats.

[James Cartlidge (South Suffolk) (Con)]

What is the cash value of the support that my right hon. Friend plans to make available for agricultural and manufacturing businesses in the event of no deal, specifically in terms of the impact on them of new export tariffs in that scenario?

[Michael Gove]

My hon. Friend has made a very good point. Not just tariffs—which will particularly affect some in the agricultural sector—but other events and other frictions could have an adverse effect on specific businesses and specific sectors. That is why my right hon. Friends the Chancellor of the Exchequer and the Business Secretary have Operation Kingfisher, which is a means of making sure that we can support any company that is fundamentally viable but experiences turbulence for a short period.

Brexit Negotiations

James Cartlidge Excerpts

Thursday 3rd October 2019 Commons Chamber

[The Prime Minister]

The hon. Lady raises one of the crucial questions that the proposals evoke. It is obviously now a matter for discussion with our friends not only in Dublin but around the EU. We do think there is a way forward, and I am happy to keep the hon. Lady abreast of our way forward as we go there. It must be done, one way or another, by consent.

[James Cartlidge (South Suffolk) (Con)]

I do not know whether, given his busy schedule, my right hon. Friend will have had time to read the EU’s latest free trade agreement, which is with Vietnam, but even a cursory glance shows that the entire agreement is based on tariff reductions in exchange for market access. Does that not show, first, that it is fanciful to believe that we could somehow leave the EU but stay in the customs union and get these types of trade deals? Secondly, is it not a reminder that when we leave, the EU will be negotiating its own trade deals and that it will therefore be in both parties’ interests to have a technological way to deal with variations in respective territories’ tariff schedules?

[The Prime Minister]

I congratulate my hon. Friend, because he speaks with the voice of technological optimism and understands the details of these questions very well. That is indeed the way forward for this country. A wealth of opportunity will open up if we have the courage to take these steps.