Judicial Review and Courts Bill

Debate between Kieran Mullan and David Lammy

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.