Judicial Review and Courts Bill
Debate between Lord Lexden and Lord Ponsonby of ShulbredeMonday 21st February 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Judicial Review and Courts Act 2022 View all Judicial Review and Courts Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 102-I(a) Amendments for Committee (Supplementary to the Marshalled List) - (21 Feb 2022)
Lord Ponsonby of Shulbrede (Lab)
My Lords, I will speak to my various amendments quite briefly, because while the detail of the amendments has not been covered, the overall debate around quashing orders has.
Amendment 2 seeks to limit the use of any new remedies issued under Clause 1 to where, in the court’s view, it is in the interests of justice.
Amendment 7 clarifies that the factors which the court considers before making a modified quashing order are a matter for the court’s discretion.
Amendment 8 removes one of the factors to be given consideration by the courts when deciding whether to award a suspended quashing order or quashing order with limited or no retrospective effect. The removal of this factor is intended to rebalance the factors to be given consideration so as not to disadvantage the claimant unfairly.
Amendment 9 would make an addition to one of the factors to be given consideration by the courts when deciding whether to award a suspended quashing order or quashing order with limited or no retrospective effect. This amendment would make it clear that the provision of a timely remedy to the claimant is a factor to be given consideration.
Amendment 10 would require the defendant to identify what the interests and expectations of persons who have relied on the impugned act are and to explain these to the court.
Amendment 11 would remove the requirement to take account of actions which the public body proposes or intends to take but has not yet taken. Such actions are too uncertain to form a basis for suspending a quashing order or making it prospective only. Any intentions indicated to the court could change in light of subsequent developments, leaving those affected potentially without any recourse.
The intention behind Amendment 12 is to clarify that the principle of good administration includes the need for administration to be lawful. The Executive and all public bodies are not entitled to act unlawfully. Therefore, in a society based on the rule of law, administration may rationally be categorised as fully good only when it is lawful.
Amendment 15 removes the extra weight which would otherwise be given to subsection (8)(e) by the courts when applying the test created in subsection (9)(b) to establish whether the statutory presumption is applicable.
This range of amendments looks at other aspects of Clause 1. I think we had a wide-ranging debate about Clause 1 in the first group, and I beg to move Amendment 2.
The Deputy Chairman of Committees (Lord Lexden) (Con)
I apologise for getting things into a state of confusion—or nearly—by thinking that Amendment 3 was to be moved.
Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020
Debate between Lord Lexden and Lord Ponsonby of Shulbrede(3 years, 11 months ago)
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Lord Ponsonby of Shulbrede (Lab) [V]
I was just concluding my comments, but I think that the noble Lord, Lord Thomas, is after me on the list.
The Deputy Chairman of Committees (Lord Lexden) (Con)
When I am in the chair, there is no possibility of the noble Lord, Lord Thomas of Gresford, ever being overlooked. I call him now.