Independent Review of Administrative Law

Rachael Maskell Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

My hon. Friend is right to urge expedition. I think I need to temper his remarks with those of the Chairman of his Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who wants to make sure that this place and the other place have a proper opportunity to scrutinise. That of course will happen, because if there is to be primary legislation, that will need proper scrutiny.

However, I take my hon. Friend’s point. The truth is that there have not been many occasions in the last 50 years or so when we have taken a close look at these issues. Judicial review has developed quite significantly since the late 1970s, so most of our judges now will have had some experience unless, with respect, they are extremely senior. I agree with the point that he makes. We need to remember that this is very much part of the Government’s overall approach to take incremental, structured looks at aspects of our constitution to get the balance right.

[Rachael Maskell (York Central) (Lab/Co-op) [V]]

This week of all weeks, when the Government are using the law to clamp down on justice seekers protesting on the streets, they are now using the law to clamp down on justice seekers prosecuting their cases in the courts. They are taking our rights, as they run roughshod over the human rights of others, further exposing the hostile, authoritarian environment festering at the heart of Government. Will the Secretary of State publish all the submissions, including that of the Home Office, to his further consultation and an equality impact assessment on narrowing the scope of judicial reviews?