Judicial Review and Courts Bill

Kieran Mullan Excerpts

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Mr Lammy]

The hon. and learned Lady’s point has so much merit. No Governments enjoy judicial review, but the point when in government is to be bigger than that. I say to the Secretary of State that this is his opportunity to be big.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Is the right hon. Gentleman familiar with and has he reflected on the words of a former Labour Home Secretary, who criticised

“unaccountable and unelected judges usurping the role of parliament, setting the wishes of the people at naught and pursuing a liberal politically correct agenda of their own”?

How have those words informed his remarks today?

[Mr Lammy]

I have not reflected on that statement very much.

I was reminded recently of the importance of judicial review by the infamous “Judge over your shoulder” leaflet, which has been published since 1987 to remind civil servants of the importance of sound decision making. The leaflet advises civil servants of the importance of good governance and of making decisions effectively and fairly to avoid those decisions being found unlawful. It recognises that administrative law and, in this case, judicial review played an important part in securing good administration by providing a powerful method of ensuring that the improper exercise of power can be checked.

Frankly, that is why having effective judicial remedies is so important to maintain good governance. The threat of judicial review is a powerful tool to encourage decision makers to make decisions well and fairly. If the power of quashing orders were to be neutered in the way clause 1 seeks, not only would that leave victims of unlawful decisions without the remedy they deserve, but it would reduce the motivation for public bodies to take care when making decisions. I agree with the Law Society of England and Wales when it says that that would have a truly chilling effect on justice in this country and we must question why the Government are even considering the changes in clause 1. Those changes go far beyond what was recommended by the Government’s own independent review of administrative law. The review made no recommendation that quashing orders should be prospective only. It specifically recommended against that type of presumption.

--- Later in debate ---

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I welcome the chance to speak in this debate as a new member of the Select Committee on Justice. We have not considered judicial review in any great detail, but we have considered court capacity, the use of virtual hearings and remote technology, and the work of coroners’ courts.

We are all aware by now of the challenges that the pandemic has caused for court capacity, but I think we can be proud of, and should recognise, the enormous efforts to ensure that our justice system across the country continued in a more robust way than in many similar jurisdictions. I thank and pay tribute to court staff for their work to enable that, and I echo the positive remarks of my hon. Friend the Member for Aylesbury (Rob Butler) about magistrates who give their time.

Of course that does not mean that we do not face a backlog, but I think we should remind the Opposition, or what is left of them—certainly their spokespeople—that the backlogs that we faced prior to the pandemic were lower than some backlogs that victims faced under the last Labour Government. Outstanding cases at the Crown court were at just over 40,000 before the pandemic; they hit 50,000 under Labour. A quick search of Hansard does not produce the outrage that we have heard today from the right hon. Member for Tottenham (Mr Lammy) or that I suspect we will hear from the hon. Member for Hammersmith (Andy Slaughter) when he winds up. They were not so bothered about it when they were in government, but they seem particularly frustrated now.

However, let us be in no doubt that backlogs are a problem and we need to bring them down. That is important, because delays in justice have an impact on victims and the innocent: importantly, we lose witnesses and victims, which ultimately means that people who should face justice do not. That is why it is right that we look at ways to innovate and do things differently if it can help with the backlog. Of course there is always risk when we do things differently, but we have to weigh it up against the injustice for those who are waiting for their day in court.

The Justice Committee heard a variety of evidence about the benefits and drawbacks of remote hearings, which are similar to the benefits and drawbacks that we have debated in relation to remote healthcare. Rightly, victims’ advocates have highlighted that for some people, remote hearings are a real challenge, so I ask the Minister to outline the steps that the Government will take to protect vulnerable groups from being inadvertently disadvantaged by remote hearings and by other changes in the Bill.

As hon. Members have said, reform cannot take place instead of investment; funding must be provided to help us to address the backlog with extra sitting days and Nightingale courts. We have seen some good progress in that regard.

Yes, the justice system has historically faced cuts, but I want to take the opportunity to remind people that those cuts did not happen in isolation. At the time, £1 in every £4 spent by the Government was borrowed; we were spending in an unsustainable way. It is easy now to criticise cuts that were made, and perhaps the balance of cuts across all the Government’s work has not been correct—that is why many of us welcome the extra spending for justice—but to make out that those were easy choices at the time and blame everything on the cuts, when we know that ultimately the Government were reacting to a situation not of their making, is not fair.

I thank the very many hard-working people who are struggling to deliver the important function of coroners’ courts and who did so over the pandemic, but I have to say that I feel concern. As we move away from full hearings, we will need some very clear routes available for decisions when people choose not to have a full hearing. The Government talk about cases being uncontroversial and simple, but I am afraid that the harsh reality we have heard from coroners’ courts is that although they are overwhelmingly conducted with care and attention to families and with open and transparent process, that is not always the case. Coroners’ courts still reflect the style and approach of individual coroners.

I would not want the measures that the Government are introducing through the Bill to have inadvertent consequences where coroners took decisions in cases that would objectively have benefited from a full hearing, or that families might feel would have benefited from one. It would be good if the Minister outlined what opportunities families might have to challenge decisions that coroners make under the new legislation.

I want to make some brief remarks about judicial review. I think we have to recognise that access to justice, in the broadest possible sense, is a public good, but too often some of those involved in the provision of this public good see it as sacrosanct, and seem to believe that there is some Utopia where demand for justice is perfectly met. They often strive for that without accepting that the provision of justice as a public good must compete for public resources alongside the provision of other public goods, such as education, healthcare and defence. It is perfectly legitimate for a Government to consider whether public money spent on judicial reviews funded by taxpayers is public money that might be better spent on other public goods—or whether it might be better spent in the judiciary on a more effective way of securing access to justice than the present system of judicial review. There might even be a simpler, better use of the courts’ time. I personally can see a vast public good in a certain fox killer having fewer opportunities to waste the courts’ time with repeated failed actions, especially given the stresses on the legal system that we have discussed.

Of course, controversies in this area of law are not new to the Chamber. We heard earlier from the Justice Secretary how the Labour Government pushed these ouster clauses and saw their merits at the time. The Refugee Council has said:

“this Bill threatens to deny asylum seekers a fair hearing of their…claim… We urge the Government to take these criticisms seriously and to act on them.”

The council was not talking about the Bill that is now before us; it was talking about the Bill that the shadow Justice Secretary attempted to steer through Parliament.

I think that we have to take a step back, and recognise that the public expect to see a balanced use of public resources in the courts across all the expenditure of public money. I am frequently appalled by the disproportionate amounts spent on legal aid for individuals to challenge decisions, including decisions made through judicial review. Does that serve the interests purely of justice? Perhaps yes, but does it represent a proportionate or justifiable allocation of public good in our society? Certainly not, and I think the British public understand that.

The hyperbole that has been expressed today about the narrow changes that are being made to judicial review undermines the credibility of the Members making those claims. We have heard from my hon. Friend the Member for Newbury (Laura Farris) and others how restricted and limited these measures are. To suggest that people who have had a couple of bites at the cherry are being denied justice because they do not have the opportunity to make one further attempt is an exaggeration that undermines those Members’ arguments.

Oral Answers to Questions

Kieran Mullan Excerpts

Wednesday 15th September 2021 Commons Chamber

[The Prime Minister]

My right hon. Friend the Business Secretary is working with GKN to do whatever we can, but I believe that the future of the UK automotive sector is incredibly bright. That is because—to go back to the question of the hon. Member for Bath (Wera Hobhouse)—we are the Government who took the historic step, ahead of every other European country, to move towards electric vehicles by 2030. We want this country to be in the lead. We are making sure that we get the investment in the UK that will drive new technology, drive growth, and drive high-wage and high-skilled jobs in this country.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Q14. At a time when our economy desperately needs investment, right now we are missing out on hundreds of millions of pounds of private capital that is flowing into the geothermal sector across Europe, because the UK does not offer a competitive long-term tariff. Geothermal will help us to heat homes, create jobs and level up the UK. We have not yet found time to meet and discuss the subject, but will the Prime Minister find time in his diary in the coming weeks, so that we can discuss the issue and do not miss out on further investment?

[The Prime Minister]

I am sorry that we have not yet found time to discuss this matter properly, person to person. The Government are very much interested in what my hon. Friend says about geothermal projects, so I will ensure that a meeting is arranged as soon as possible.

Oral Answers to Questions

Kieran Mullan Excerpts

Wednesday 7th July 2021 Commons Chamber

[Peter Aldous (Waveney) (Con)]

What steps she is taking with Cabinet colleagues to improve geographic equality of opportunity for children from disadvantaged backgrounds.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

What steps she is taking with Cabinet colleagues to improve geographic equality of opportunity for children from disadvantaged backgrounds.

[Ruth Edwards (Rushcliffe) (Con)]

What steps she is taking with Cabinet colleagues to improve geographic equality of opportunity for children from disadvantaged backgrounds.

--- Later in debate ---

[Vicky Ford]

My hon. Friend is absolutely right. High-quality early years education is important, which is why the Government have invested over £3.5 billion every year for the past three years in supporting education for two, three and four-year-olds. Our recent education recovery announcement included increased investment in early years teaching.

I urge my hon. Friend and, indeed, all hon. Members to encourage families from lower-income backgrounds to take up the Government’s generous offer of 15 hours of free childcare for their two-year-olds. Children who take it up do better at school, and it gives them the vital skills that set them up for life.

[Dr Mullan]

In light of the recent Education Committee report, what is the Department doing to support disadvantaged white boys?

[Vicky Ford]

We are considering the recommendations of the Select Committee on Education very carefully, and all the evidence shows that high-quality teaching is the single most effective way to improve education outcomes for disadvantaged pupils. That is why it is so important that the pupil premium is used to support continuing professional development, as well as academic programmes and pastoral support. It is also why so much of our recovery funding is tilted towards top-quality teaching and tutoring for disadvantaged pupils.

Covid-19 Update

Kieran Mullan Excerpts

Wednesday 12th May 2021 Commons Chamber

[The Prime Minister]

The hon. Lady makes an excellent point, and I am sure the chairman of the inquiry will want to consider that as we set up the inquiry in due course. I certainly do not exclude that the inquiry might want to look at long covid.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

The Prime Minister has talked powerfully about the importance of economic recovery, and it is incumbent on those of us who supported the lockdown to get behind that however we can; if we get it wrong, we will pay the costs of the pandemic twice over.

Tomorrow a report will be published describing the opportunities of geothermal investment for our economy, potentially creating over 1,000 new jobs with £100 million of investment by 2025. New jobs, new technologies: that is the key to getting our economic recovery on track. Will the Prime Minister give the report his personal attention and agree to meet me and other MPs who are getting behind this important new industry?

[The Prime Minister]

I am very excited by and interested in my hon. Friend’s geothermal plans: they sound good to me, and we are certainly investing in that kind of technology. With £22 billion going into pure R&D, we are putting in record sums for this country, and I am sure that geothermal could be part of the mix of our green industrial revolution.

Oral Answers to Questions

Kieran Mullan Excerpts

Wednesday 10th February 2021 Commons Chamber

[The Prime Minister]

I am afraid that I think that the right hon. Lady is doing Wales down, the people of Wales down and the ingenuity of Wales down, because I think about a quarter of the airline passengers in the world are borne aloft on wings made by the Welsh aerospace sector. Bridgend is going to be one of the great centres of battery manufacturing in this country, if not the world. Wales is at the cutting edge of technology under this Government’s plans for record spending on R&D—£22 billion by the end of this Parliament—and Wales, along with the whole of the rest of the UK, will benefit massively.

[Dr Kieran Mullan (Crewe and Nantwich) (Con) [V]]

The UK has fallen behind Europe in tapping the potential of geothermal heat and energy in places like Crewe. Will the Prime Minister meet me to discuss how we can ensure that geothermal helps us to build back better with a revitalised package of incentives for industry?

[The Prime Minister]

I thank my hon. Friend for the excellent point he makes about Crewe and the way it is now in the forefront of deep geothermal energy exploration. I am very happy to meet him to discuss what we can to further geothermal energy in Crewe, diary permitting.

Oral Answers to Questions

Kieran Mullan Excerpts

Wednesday 17th June 2020 Commons Chamber

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

What steps she has taken in response to the findings on the risks of covid-19 for BAME people in Public Health England’s report entitled “COVID-19: review of disparities in risks and outcomes”, published in June 2020.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

What steps she is taking in response to the findings in Public Health England’s report entitled “COVID-19: review of disparities in risks and outcomes”, published in June 2020.

[The Minister for Equalities (Kemi Badenoch)]

We are taking the findings of PHE’s report, “COVID-19: review of disparities in risks and outcomes”, which was published on 2 June, very seriously. The next steps are to fill the gaps in the report, which necessarily had some limitations. The Race Disparity Unit and the Department for Health and Social Care are working with me to do this. This vital work will help us to take appropriate, evidence-based action to address the disparities highlighted.

[Kemi Badenoch]

I believe the hon. Lady is conflating two different reports. There was no delay in publishing the first report, which did not have recommendations. The second report was published by PHE only yesterday, and many of the recommendations are already in train. I refer her to the written ministerial statement that I laid yesterday, which should hopefully provide additional clarity on that.

[Dr Mullan]

I begin by paying tribute to the very many BAME staff I have worked alongside in the NHS, including in recent months. They are an absolutely vital part of the NHS team. That is why it is really important that we get this review right. It is crucial that we get the necessary expert advice to help us to do that. What steps is the Minister taking to get that expertise to support the work she is undertaking?

[Kemi Badenoch]

I agree with my hon. Friend. We are determined to proceed with this in an evidence-led way, and we will be engaging with experts in the field. On Friday, the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), and I held a virtual roundtable on these issues with a number of public health consultants and leading academics in this field, including Professor Michael Marmot. I am very grateful for their input. We intend to continue in this spirit by engaging with other experts such as the Office for National Statistics.

UK-EU Negotiations

Kieran Mullan Excerpts

Tuesday 16th June 2020 Commons Chamber

[Michael Gove]

As the hon. Lady knows, my professional career started in the north-east of England, and I have enormous affection and respect for the way in which she champions the interests of her constituents. She is right that part of the north-east’s economic success depends on manufacturing and supply chains. That is why we will ensure that the north-east of England not just is safeguarded, but has its economic prospects enhanced, not least by the establishment—we hope—when we are outside the UK, of a free port in the north-east.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Does my right hon. Friend agree that every time Opposition Members seek to find yet another way to keep us locked into EU bureaucracy to achieve their policy aims, they are actually saying, in a very clear sense, that they do not trust British voters to make those policy decisions for our country?

[Michael Gove]

My hon. Friend is right, and he reinforces the observation that I have come to: the louder the Opposition heckle, the truer the question from a Government Back Bencher.

Ministerial Code

Kieran Mullan Excerpts

Monday 2nd March 2020 Commons Chamber

[Michael Gove]

My hon. Friend reminds us that the Home Secretary and, indeed, this whole Government were elected on the basis that we would take a tough line on law and order with a firm but fair migration policy, and making sure that that we implement those policies is absolutely critical.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Whatever the Government do in relation to this matter, may I please have some reassurances that we will not take any lessons from the Labour party? When they were faced with allegations from their staff in relation to misconduct and antisemitism, they did nothing but fill the airwaves, undermining them, questioning their credibility and doing what some might call bullying them.

[Michael Gove]

My hon. Friend makes a very important point. It is absolutely vital that we all do everything we can to ensure that we treat other people with civility. I know that in the debate over the future of the Labour party, the regrets that have been expressed about how antisemitism had been dealt with will, I am sure, be addressed by the future leadership of the Labour party to ensure that that stain is wiped away.

Transport Infrastructure

Kieran Mullan Excerpts

Tuesday 11th February 2020 Commons Chamber

[The Prime Minister]

I thank the hon. Lady for the representation she makes on behalf of Bradford. I see the point that she makes, and we will consult on that issue shortly.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

I welcome the announcement today—the Prime Minister has well and truly swept the leaves off the line of transport infrastructure investment in this country. I know that jobs and businesses will benefit not in London but locally, in Crewe and Nantwich. When it comes to bus investment, can we ensure that local residents have a strong voice in deciding where the new buses go and how often they go there?

[The Prime Minister]

Of course, it is vital that the expansion of local bus services meets local demand. In my experience, there is no shortage of local demand in most parts of the country.

Oral Answers to Questions

Kieran Mullan Excerpts

Wednesday 29th January 2020 Commons Chamber

[The Prime Minister]

As the hon. Gentleman knows, this Government have already instituted new measures to ensure that people of talent, and who can contribute to this economy, can come without let or hindrance. I am surprised that the director of the festival he refers to is encountering any difficulties, but if he really has a problem, may I direct him to my right hon. Friend the Home Secretary?

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Given the Prime Minister’s proven track record in overcoming prevarication, procrastination, dither and delay, will he repeat that success, do as other hon. Friends have asked, and get High Speed 2 done, in order to secure jobs across the country, including in Crewe and Nantwich?

[The Prime Minister]

I reassure hon. Friends and Members across the Chamber, of whatever persuasion they may be regarding HS2, that there will be an announcement and decision very shortly.