Independent Review of Administrative Law Debate
Full Debate: Read Full DebateJoanna Cherry
Main Page: Joanna Cherry (Scottish National Party - Edinburgh South West)Department Debates - View all Joanna Cherry's debates with the Ministry of Justice
(3 years, 5 months ago)
Commons ChamberMy hon. Friend makes a very proper point, and one of the important functions of judicial review is for the courts not just to opine on the legality or otherwise of the decision, but to help local and national Government understand better how to make those decisions in the first place. I readily take the point that there are still far too many outcomes that result from flawed decision making, which is why judicial review is such an important principle. My hon. Friend will, I am sure, be particularly interested in the proposals in the consultation about procedural reform, which are designed to try to streamline, simplify and make judicial review more accessible for organisations and individuals who seek it. But in the first instance my aim is to try to ensure that these disputes are resolved before the need for litigation.
When this review was announced I corresponded with the Lord Chancellor, reminding him that our independent system of civil justice in Scotland is protected by article 19 of the treaty of Union and devolved to the Scottish Parliament, so I welcome the assurance he has given today that his proposals going forward will apply to England and Wales only. As it is my birthday, will he indulge me by joining me in celebrating another victory for Scotland’s independent legal system, which of course in 2019 led the way in ruling that the Prime Minister’s Prorogation of Parliament was unlawful?