Criminal Justice and Courts Bill

Debate between James Morris and Robert Neill

Tuesday 17th June 2014 Commons Chamber

[Robert Neill]

With respect to the hon. Lady, it is seldom persons in that category who are the interveners; they are much more likely to be the bringers of the review. I will come to the role of interveners in a moment, but let me finish the point about the way in which there has been mission creep in judicial review and the sometimes damaging effect that that has on the decision-making process.

The situation is a little like what we found with local government finance at one time, when officials tended to play tick the box so that someone qualified for the right number of grants. There is an element of that sometimes in the decision-making process, where decisions are always taken with an eye over the shoulder at the risk of judicial review rather than getting to the merits of the matter. If these clauses help, as I think they will, to move away from that culture, that is a good thing, as it will then encourage imaginative and radical, but always fact-based, decision making. It will always have to be fact-based because, after all, the Wednesbury reasonableness test is unchanged; it remains in any event. There will always be scope for challenge of irrational decisions, or of decisions that are genuinely not based on evidence. But removing the threat of judicial review to the extent that it now hangs over decision makers is sensible and proportionate.

[James Morris (Halesowen and Rowley Regis) (Con)]

My hon. Friend is making a good point about the impact of the threat of judicial review on local authority decision making. It has almost become the expectation before a decision is taken that it is liable to be judicially reviewed, adding a layer of bureaucracy and a length of time to decisions that sometimes need to be taken in a more timely fashion.

[Robert Neill]

I am grateful to my hon. Friend, who leads me neatly on to the next point I wanted to make. It is suggested somehow that this is the state seeking to prevent challenge. Very often, those on the receiving end of unmerited judicial reviews are local authorities—democratically elected bodies who find their decision challenged by some vested interests. Very often, that vested interest is propped up by an intervener. That is why the proposed changes are legitimate and proportionate. My hon. Friend is quite right. That is an impediment not only in areas such as development and planning matters, but in relation to other forms of decision making such as housing and other types of policy.

--- Later in debate ---

[James Morris]

Nobody is arguing that there is not an important balance to be struck, taking into account, as others have pointed out, the importance of democratic accountability for decisions taken. Nobody is arguing that judicial review has no role to play in this context, but there is a strong argument to be made about where the culture that has developed is leading. I speak regularly to local authority chief executives, and it is having a very detrimental impact on local authorities’ ability to make long-term decisions.

[Robert Neill]

My hon. Friend is making a very important point. Does he agree that the concern about the growth of judicial review, rather than the concept, is shared by all parties in local government—I have spoken to local authority leaders, of all parties—and by many experienced chief executives and senior officers?

[James Morris]

I agree with my hon. Friend. We need to take measures such as those in the Bill, which I support, to get the balance right in respect of the culture that has developed over the past few years.

As has been mentioned, there is the question of the public perception of what judicial review actually is. As a result of the culture that has built up, there is a public perception that if a judicial review goes ahead, the decision will somehow be overturned. It is felt that the review is to do with the decision rather than with a discussion about the process. For example, a group of residents in my constituency approached me about a judicial review of a fire authority’s decision, which I did not think had been great, to close a local fire station. They raised funds to take the matter to the first stage, but even if they had successfully demonstrated that the authority had not followed due process—I am not a lawyer, but on the face of it there were some grounds for saying so—the likely outcome of their spending something north of £100,000 on a judicial review would have been the authority simply re-presenting the same proposal. That example shows that we must be careful about raising public expectations about what a judicial review can achieve.

Fire Service (Metropolitan Areas)

Debate between James Morris and Robert Neill

Wednesday 7th March 2012 Westminster Hall

[Robert Neill]

I will make sure that those meetings take place. The right hon. Gentleman knows that we are now moving to a new system.

[James Morris (Halesowen and Rowley Regis) (Con)]

Will the Minister give way?

[Robert Neill]

I am sorry to disappoint my hon. Friend, but I want to get this point on the record, along with other important points that need to be made for the sake of balance.

I assure the right hon. Member for Wentworth and Dearne that when we design the new system, we wish to ensure that there is fairness. That is why, in setting the baseline under the new system, the risks element will be taken into account. We have decided that, under the new system, fire and rescue authorities will be designated as top-up authorities, so that they will have the confidence of having a significant proportion of their funding protected and will not be subject to volatility by business rate growth. They will have that protection, plus the protection of uprating annually by the retail prices index.

Oral Answers to Questions

Debate between James Morris and Robert Neill

Monday 5th September 2011 Commons Chamber

[James Morris (Halesowen and Rowley Regis) (Con)]

The West Midlands fire service is proposing to merge two fire stations in my constituency, which will significantly reduce the level of fire cover, reducing the number of fire engines from two to one. Will the Minister responsible commit to meet me and the chief of the West Midlands fire service to review those proposals and to ensure that the same level of fire cover is retained in my constituency?

[Robert Neill]

Of course I am happy to discuss the matter with my hon. Friend, but I must point out that these are local decisions for the fire authority, which must at all times act in accordance with its integrated risk management plan and its statutory obligations under fire services legislation.

Oral Answers to Questions

Debate between James Morris and Robert Neill

Thursday 10th June 2010 Commons Chamber

[James Morris (Halesowen and Rowley Regis) (Con)]

Does the Secretary of State agree that one of the great failures of the previous Government was to wrap local authorities up in a bureaucratic top-down performance-management regime from which local government needs to be liberated?

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

My hon. Friend is absolutely right, and that is why we have indicated our intention to get rid of the CAA regime, which has been estimated to cost the sector in the region of £2 billion. That is why we are committed to abolishing the Standards Board and why we want to give genuine power back to local authorities.