Business of the House

Robert Courts Excerpts

Thursday 6th February 2020 Commons Chamber

[Robert Courts (Witney) (Con)]

One effect of EU membership has been the way in which rights are granted, the extent of which are then litigated in court rather than debated in this place. That has led to an explosion of judicial activism through the medium of judicial review, which has meant that the focus has moved away from this place to the courts. Can we have a debate on how we can restore this place to its proper position as the truly sovereign source of law?

[Mr Rees-Mogg]

My hon. Friend’s point of view is widely shared, and the Prime Minister referred to that yesterday in Prime Minister’s questions. Judicial review is a vital part of our legal system and must be protected, but we should also ensure that it is not abused to conduct politics by other means or to create needless delay. It is worth noting that one reason for there being so much judicial review is that, while the UK was a member of the European Union, law made by this Parliament could be superseded by law made in another jurisdiction. That is no longer the case. Since 31 January, our law and this Parliament are supreme, which I hope will lead to judicial review not being used as politics by another name.