Judicial Review

Lord Marks of Henley-on-Thames Excerpts

Tuesday 23rd April 2013 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord always comes to these matters with great wisdom and experience, which I fully acknowledge. Various groups, including the judiciary, were fully consulted in putting forward the response. The senior judiciary who were consulted included the president of the Queen’s Bench Division, the Master of the Rolls, the vice-president of the Court of Appeal, the Civil Division and Lord Justice Richards, the deputy head of Civil Justice. As I said earlier, in the case of such appeals the judge is there to decide if an extension is required to the time period. The noble Lord may have an opinion that this may extend the period, which his quote highlighted, but it is important that the right thing is done. If the judge decides to extend the time, so be it.

[Lord Marks of Henley-on-Thames]

My Lords, I declare a similar interest. The Government propose withdrawing the right to an oral hearing in cases deemed on paper to be totally without merit. Does my noble friend accept that unrepresented applicants often find it very difficult to express their cases adequately on paper, and that it is only at oral permission hearings that judges can sometimes discern from such applicants an arguable case which was not apparent on paper? Will the Government consider limiting the restriction of the right to an oral permission hearing to legally represented applicants?

[Lord Ahmad of Wimbledon]

I thank my noble friend for raising this concern, but I believe that the risk is somewhat limited. I am sure that many members of the judiciary both in here and those practising outside will agree that the test of “totally without merit” is something that is well understood by the profession and is, indeed, applied by judges. This reform applies only to the weakest cases, and as I said in a previous response, if there is still an issue, the right to apply to the Court of Appeal remains for the individual.