Judicial Review and Courts Bill

Marco Longhi Excerpts

Report stage
Tuesday 25th January 2022 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

I rise to speak on new clauses 8 and 9, which stand in my name and that of my hon. Friend the Member for Ipswich (Tom Hunt).

Those who served on the Bill Committee will not be unfamiliar with the arguments I intend to address, as we rehearsed them at considerable length in Committee. The Minister knows well my general concerns about the Bill: while it is a good start in dealing with the pressing issue of judicial review and how that has been distorted by recent judicial practice, it is only a start. We need much more wide-ranging reform of judicial review and, indeed, much more wide-ranging reform of the relationship between this House and the judiciary, as set out in the Attorney General’s recent speech in Cambridge on judicial activism.

New clause 8 addresses the courts’ role in curtailing the use of the Regulation of Investigatory Powers Act 2000, and especially in circumventing the role of the investigatory powers tribunal. I take a particular interest in that, having been the Minister at the Home Office who introduced the Investigatory Powers Act 2016, which deals with the necessary precautions and safeguards associated with the storage and retrieval of electronic data. Indeed, the Bill I took through the House introduced the double lock: all warrants, as well as being dealt with by the Home Secretary, are, as an additional safeguard, dealt with by a judicial commissioner. That safeguard was to ensure the core principles of proportionality and necessity, which lay at the heart of all considerations of that kind.

The problem is that the courts have taken it upon themselves to become involved in matters that should be the exclusive preserve of this House. It is very important to see the Bill in context. The supremacy of Parliament is fundamental to protecting the interests of the people. Parliament’s role in our constitutional settlement is not—as was suggested in an evidence session with Aidan O’Neill QC—a matter of neutrality.

[Marco Longhi (Dudley North) (Con)]

Does my right hon. Friend agree that the events of Brexit showed the vivid importance of always maintaining the sovereignty of this place and respecting the will of the people?

[Sir John Hayes]

Absolutely. The separation of powers does not deal with neutrality. It deals with different powers, which are, by constitutional arrangement, held by the courts and this place. The relationship between the two is critical. It is critical to our considerations today and more critical still to our constitution. A. V. Dicey argued that the separation of powers confers on Parliament a dominant characteristic. Parliament consists of Her Majesty the Queen, the House of Lords and the House of Commons acting together. Therefore, as Dicey says:

“The principle of Parliamentary sovereignty means neither more nor less than this, that Parliament… has… the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.”

That is precisely the point that my hon. Friend makes.

We need to reaffirm that principle in general and the Bill is an opportunity to do so. Any Parliament that makes a new law or repeals a law will be obeyed by the courts. That is fundamental to the role of this place. All of us who represent the people, as my hon. Friend says, have a duty, not just a mission, to reflect the will of the people.

--- Later in debate ---

[Marco Longhi]

Tributes should be paid to the judges and legal professionals who have kept our courts operational during the pandemic to the best of their ability, using technology to do so, much as we have during the last two years. It must be our priority to break through the backlog in the criminal courts, partly caused by the pandemic. Just yesterday, I received details of an awful assault in 2019 in my constituency that will be heard in court only in 2023. That delay prevents victims from receiving justice in a timely manner, does not allow closure and can delay access to the Criminal Injuries Compensation Authority.

The Bill Committee, of which I was a member, heard evidence from specialist witnesses that implementing the Bill would save time and make our courts more efficient and effective. If I have learned anything during the pandemic, however, it has only entrenched my belief that the Opposition seek to hold us back: they voted against the Bill, they have just said that they will do so again, and they claim that there is no need for reform of judicial review. As with everything they do, there is dithering and delay. Our justice system and our constituents would be far worse off if they were in charge.

There is no area of the law that allows individuals, families, local government, business and so on to have more than two bites of the cherry in court—with one exception, namely illegal immigration appeals. That is another reason why the Opposition disagree with the Bill: because they are quite happy for the country to continue being a magnet for illegal immigration. When challenged in Committee, not once did an Opposition Member explain why illegal immigration should benefit from a third bite.

The Bill includes provision to ease the backlog in criminal courts and introduces measures to reduce the strain on magistrates courts. It also introduces a new online common platform, which will allow those who so wish to conduct all pre-trial proceedings online. Just as our parliamentary activities have benefited from being supplemented by virtual alternatives—I emphasise that they have been supplemented, not replaced—so can our legal sector benefit.