Judicial Review

Lord Bach Excerpts

Tuesday 23rd April 2013 Lords Chamber

[Lord Ahmad of Wimbledon]

First, I agree totally with the noble Lord. The point of judicial review is to hold the Executive and public bodies to account, and that is a principle to which the Government are utterly committed. I have referred already to the issue of time extension. If an extension of time is required, the judge can grant it. It is important to highlight three key points around these changes. The reduction in time limits on planning and procurement, the introduction of fees and the dismissal of decisions that are totally without merit were all referred to the judiciary and, indeed, carried their support. Matters were raised in the consultation which the judiciary felt were not right to take forward; the Government have listened and are not doing so.

[Lord Bach]

My Lords, linked to the issue of judicial review is the idea of a residence test, which is presently being consulted on. If put into effect, that residence test would mean that someone here lawfully but who had not been here for 12 months or more would not be entitled to legal aid in civil actions, presumably including judicial review, however overwhelming their case might be. Does the Minister agree that such a proposal goes against the traditions and principles of British justice and is more akin to the traditions of more unsavoury judiciaries?

[Lord Ahmad of Wimbledon]

I do not agree with the noble Lord. It is right to say that our justice system is one of the best in the world, demonstrated even in cases such as that of Abu Qatada. Here is a man who does not believe in our democracy, who does not believe in the freedoms our country stands for, and who takes a noble faith, hijacks it and then presents it in his own erroneous way. Even then, our justice system stands up for him. That is British justice at its best and those rights are protected within judicial review. The noble Lord also noted that these matters are currently out for consultation. The whole issue of legal aid for anyone seeking to apply for it is to protect the vulnerable. That remains the central aim in terms of how the Government will continue to support such cases.