Judicial Review and Courts Bill (Second sitting)

Liz Twist Excerpts

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[James Cartlidge]

Q The Public Law Project is not just about immigration, as I understand it. Correct me if I am wrong, but that was the impression I got when I met your representatives at the legal aid meeting. Whether you like the phrase three bites of the cherry or not—I think it sums it up very well—my question is whether that right should apply in other areas of the law in this country that do not have it.

Sara Lomri: Why it does not summarise it very well is because it is trying to paint a picture of our client group, who are the most marginalised and disadvantaged people in society, as having some kind of privilege that most people do not have. This is just not the case. This is about correcting unlawful decisions; most people do not have to go through this. Most people—thankfully, because we live in a good and democratic society—do not have to hold Governments to account,. However, when they do, we hope that those systems are fair and work properly.

[Liz Twist (Blaydon) (Lab)]

Q I have a question for Ms Cumbo and the Law Society, about the abolition of local justice areas. I wonder what impact you think the abolition will have on the criminal justice system in England and Wales?

Ellie Cumbo: We do have a concern about that provision, in clause 42, I believe. We believe that the abolition of local justice areas obviously risks forcing parties to a case to travel much greater distances, at great cost to themselves and to the courts in the event of delays and cases having to be taken off as a result. There is also a point of principle around justice being seen to be done at that local level where it feels like it relates to the community from which all parties are drawn. What we would ask is for a consultation with local stakeholders before those provisions go ahead.

[Liz Twist]

Q Talking of local stakeholders, do you think that the proposals might have an adverse impact on the independence of the magistracy?

Ellie Cumbo: I do not think we have considered that question in detail. Possibly the Magistrates Association would be best placed to comment, and we would usually defer to them. If you would like us to provide an answer at a later date, I am very happy to do that.

[Dr Johnson]

Q I want to clarify with Sara; you have talked about the importance of Government accountability, and the importance of judicial review to children with special educational needs and people who may be discriminated against because of a disability. I do not think there is anyone in the Committee who would disagree with you on the importance of those things. However, in practice, the decisions that are governed by the Cart reviews are not decisions of Government; they are decisions of an upper-tribunal court.

Sara Lomri: Absolutely. When I was talking about—

--- Later in debate ---

[Paula Barker]

Thank you, Chair. Ms Needleman, what are your views on the powers provided to the Lord Chancellor by the OPR provisions, and do you believe that they cause a democratic deficit?

Stephanie Needleman: The provisions relating to the online procedure rules give significant power to the Lord Chancellor. The Government have themselves recognised that the broad powers provided to the Lord Chancellor could have a significant impact on access to justice and that some of those powers should therefore be subject to a requirement to obtain the concurrence of the Lord Chief Justice. However, there is a slight lacuna in the Bill, in that two powers are not subject to the same concurrence requirement.

Those are the power to require the online procedure rule committee to make rules, and a broad Henry VIII power to make consequential amendments, the latter power being subject only to a consultation requirement and the former to no requirements at all. That undermines the point of having a concurrence requirement in the first place. As Lord Judge pointed out on Report of the Courts and Tribunals (Online Procedure) Bill—the previous iteration of these rules—taken together, those powers overrule the very rules that the Government themselves made subject to the concurrence requirement because of the wide-ranging impact the provisions can have on access to justice.

[Liz Twist]

Q Ms Needleman, do you have any concerns about the type of online convictions that might be used in future?

Stephanie Needleman: Absolutely. As I said before, we do not think this procedure, as it stands, should be introduced at all, because of the lack of evidence and the concerns around protections in relation to the identification of vulnerabilities and inequalities. However, if it is introduced, we at Justice are calling for it to be restricted to non-recordable offences only.

Currently, the Bill would allow the procedure to be used for a range of offences that would cause people to have a criminal record. That could impact parents when it comes to failing to provide for the safety of children at entertainments, for example, or it could impact pub-goers and pub owners in relation to the offences of being drunk in a public place or selling alcohol to a person who is drunk. If the procedure is to be introduced, we would call for it to be for non-recordable offences only, because the implications of being convicted of those are smaller.

[Liz Twist]

You have answered my follow-up as well. Thank you.

[The Chair]

Andy, we have a bit of time left. Would you like to come back to your earlier point?