Independent Review of Administrative Law

Debate between Robert Buckland and John Howell

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I can absolutely reassure the hon. Gentleman that the proposals in fact are the opposite of a restriction or restraint on judicial review. The proposals include a recommendation that the rule about bringing a claim promptly be removed because it does not add anything to the overall procedural framework. Secondly, the three-month limit will remain, but there is of course within that discretion for the court to disapply or to entertain a late application. None of that is going to be interfered with. This review is not based upon some crude attempt to restrict a class of people from applying or to restrict the length of time. This is all about the scope of judicial review and the remedies that are on offer. It is a mature contribution to the debate, and I know that when Labour Members look at it carefully they will be compelled to draw the same conclusion.

[John Howell (Henley) (Con) [V]]

When many judges were beginning their legal career, I doubt very many of them ever came across judicial review, so much has this crept along over the last 40 to 50 years or so. Will the Lord Chancellor please accept my congratulations on his review of judicial review, and will he also accept that I would like to see it move quicker and faster in order to make sure that we do see a fundamental review? Certainly, of all the judges I have spoken to, I have not come across any who would contradict what we are trying to do?

[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.

Private International Law (Implementation of Agreements) Bill [Lords]

Debate between Robert Buckland and John Howell

2nd reading & 2nd reading: House of Commons
Wednesday 2nd September 2020 Commons Chamber

[Robert Buckland]

I am grateful to my right hon. Friend, who will share my strong belief in the success of the legal services sector both in England and Wales, and in Scotland, as well as in the Northern Ireland jurisdiction, and the importance of maximising the advantage that we have not just in our outstanding rule of law reputation, but our reputation as an international forum for the resolution of disputes. I can think in particular of issues related to arbitration and mediation, where important international conventions are being developed, where the United Kingdom not only needs to be part of it, but to be at the heart of it when it comes to improving not just the prospects for legal services, but the opportunities for the businesses and the citizens we serve.

[John Howell (Henley) (Con)]

My right hon. and learned Friend mentioned the Council of Europe. I want to stick on that, because it works on the basis of signing international treaties to get things done. At the moment, they take forever to get through, and the UK is one of the worst signers of them. Is this going to help to speed up the process?

[Robert Buckland]

I share my hon. Friend’s enthusiasm and sense of impatience about the pace of change in fora such as the Council of Europe. I just need to caution him on this basis. When it comes to the use of the powers that we anticipate under this Bill, we are talking about a narrowly defined type of agreement—practical, detailed but important changes that will lead to the sort of improvements that I referred to in responding to my right hon. Friend the Member for Wokingham (John Redwood). I am sure that as he hears not just my contribution but the one made in winding up by the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), he will be even clearer about the particular role that this Bill will play in the incorporation of international law.

That is very important, because concerns were raised in the other place that somehow this was a Trojan horse or an invitation to open the floodgates, to allow for the incorporation of major swathes of international treaty law into domestic legislation with minimal scrutiny. Nothing could be further from the case.

--- Later in debate ---

[Robert Buckland]

I am grateful to my hon. Friend. The Italian torpedo is not a reference to the successful naval action by the Royal Navy against the forces of fascist Italy in the second world war. This is a particular device taken by parties who issue proceedings in a jurisdiction that they know will not accept control over the particular proceedings. It is, in other words, a massive delaying tactic that can cause real obstruction to the course of justice and to the resolution of important disputes, and that is why he is right to say that Lugano would be very much a beginning when it comes to the development and refinement of that type of important co-operation.

My hon. Friend the Member for Huntingdon (Mr Djanogly) asked why we do not mention Lugano. Well, there is an obvious argument that I should have addressed, which is that, as we have not yet been able to join it, it would perhaps be premature for us to refer to it directly on the face of the Bill, as opposed to the Hague conventions, which we have joined. Regrettably, there will not be time to bring forward further primary legislation before the end of the year, should our application be approved within the next few months. Therefore, for that sad but practical reason, it would be right not to pass anticipatory legislation but rather to await the outcome of the negotiation and then to allow the use of the delegated power.

The power could also be used to implement other agreements. I have talked about mediation, and in particular the 2019 Singapore convention on mediation and 2019 Hague judgments convention. We have not yet taken a formal decision on either of those, but of course I am happy to talk more about those conventions with hon. Members during the passage of this Bill and, indeed, in the future as we decide on our final approach to these instruments.

[John Howell]

If I catch your eye, Mr Deputy Speaker, I will speak a little more about the Singapore mediation convention, because I think everyone approves of it. All it does is bring mediation settlements under UK law in the same way that arbitration settlements are included within the New York convention. I hope that my right hon. and learned Friend’s offer to speak to people who are involved with this includes me, because I would be very happy to discuss it further.

[Robert Buckland]

I am grateful to my hon. Friend and he is right to mention the New York convention. Indeed, it develops the point I made to my right hon. Friend the Member for Wokingham about our ambition on the recognition of arbitral decisions and mediation resolutions, too.

The reintroduced delegated power would allow us to strengthen our internal UK and our wider UK family relationships, including those with the Crown dependencies and the overseas territories, by allowing us to apply and to implement the terms of an international agreement between the different jurisdictions of the UK or, indeed, to apply and implement an arrangement or a memorandum of understanding based on the terms of an agreement between a self-governing territory or a dependency and the United Kingdom. Of course, this would be done only with the agreement of the relevant devolved Administration or self-governing territory or dependency, because the Government recognise that private international law, including the implementation of agreements, is indeed fully devolved to Scotland and Northern Ireland, and this will continue to be reflected in any reintroduced delegated power in the Bill.

In summary, this Bill will allow our country to capitalise on regaining full competence to enter into international agreements on private international law in our own right after our withdrawal from the EU. It simplifies the implementation of three important Hague conventions in domestic law, to which the UK will be an independent party from the end of the transition period. The reintroduction of the former delegated power will also allow us quickly to implement any new agreements we strike with our international partners, thereby remaining at the forefront of promoting global co-operation and, indeed, best practice in this area. Finally, it will also allow our citizens to harness the benefits of these agreements in a timely manner, including to assist in the resolution of cross-border disputes. I commend the Bill to the House.

Oral Answers to Questions

Debate between Robert Buckland and John Howell

Thursday 22nd March 2018 Commons Chamber

[The Solicitor General (Robert Buckland)]

The effects of crimes against disabled people are damaging and wide-ranging, and those crimes have no place in our society. To raise awareness of them, the CPS has revised its public policy statement, and published guides on reporting and recognising hate crime, and a support guide for victims with disabilities.

[John Howell]

What more can disability groups in my constituency do to raise the question of disability hate crime?

[The Solicitor General]

My hon. Friend is right to talk about the invaluable role played by disability support groups. Third-party reporting, where people with disabilities can have the confidence to report a crime, is invaluable. My advice would be for them to work with the police to make sure that we drive up rates of reporting and the number of prosecutions.

Oral Answers to Questions

Debate between Robert Buckland and John Howell

Thursday 15th October 2015 Commons Chamber

[The Solicitor General]

I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

[John Howell (Henley) (Con)]

14. Operation Bullfinch, in Oxford, introduced a number of radically different procedures for coping with vulnerable witnesses. What lessons have been learnt from that?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in improving the processes as a result of that case, which helped to revolutionise the way in which the investigatory authorities all work together. There have been a number of other successful investigations in his own police area, which are helping to improve national practice, and there is a much greater understanding across the country of the way in which such cases can be effectively prosecuted.