Oral Answers to Questions

Debate between Robert Neill and Heather Wheeler

Monday 28th January 2019 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

20. The Housing Minister, in response to a debate on Wednesday 22 January, indicated that he had written to the owners and the developer of Northpoint in Bromley. It is exactly the same situation as that outlined by my hon. Friend the Member for Hendon (Dr Offord). Has the Minister yet had a response, and what assurance can be given to Bromley Council about the guidance should it use emergency remedial powers under the Housing Act 2004?

[Mrs Wheeler]

It is a pleasure to be able to face my hon. Friend; I apologise to hon. Members behind me.

The Secretary of State has written, and we are awaiting the outcome to that. As soon as we get a reply, we will be in touch directly with my hon. Friend.

Criminal Justice and Courts Bill

Debate between Robert Neill and Heather Wheeler

Tuesday 17th June 2014 Commons Chamber

[Robert Neill]

I rather suspect, Mr Speaker, that you have anticipated how my ministerial career came to an end as well, delightful though it was at the time. I am happy to draw my remarks to a close, because I know that my right hon. Friend the Member for Wokingham (Mr Redwood) has a great deal of expertise on this matter. I will also welcome the contribution of the hon. Member for Aberavon (Dr Francis), not least because his predecessor was a member of my chambers who led me on a number of cases, including some judicial review matters with which he dealt expertly. [Interruption.] I am sorry to have driven you from the Chair, Mr Speaker.

Let me conclude with these thoughts. The judicial process is important for its checks and balances. That position is not being changed by the Government’s proposals; what they are providing is a reality check on the process of judicial review. On the issue of interveners, if someone chooses to intervene in litigation, they should not do so without being aware of the costs that their intervention can bring. That is what we are seeking to do. It is often the intervener, rather than the initial parties, who takes up the bulk of the time in the case. It is logical for someone who seeks to intervene in a case—no one is obliged to do so, after all—to face the discipline of the potential costs.

[Heather Wheeler (South Derbyshire) (Con)]

My hon. Friend is making an important point. When constituents write to me about planning inquiries and the like, they want to know the true cost, because ultimately, one way or the other, the taxpayer is paying for all this. The facts must be clearly put out there. I thank my hon. Friend for the argument he is proposing.

[Robert Neill]

I am grateful, and that provides a suitable point for me to conclude. The costs apply not just to individual litigants and therefore to companies and local authorities, because the cost to a local authority is ultimately a cost to the taxpayer, and then there is the opportunity cost to the planning system and the court system that comes from bringing needless judicial reviews. There is nothing in the Bill to prevent a meritorious claim from coming forward and being heard, but it provides some checks and balances in the matter—a reminder that the common law does not exist independently of the House. Ultimately, accountability lies here through Parliament. The judiciary has an important role to play in interpreting the will of Parliament.

Occasionally, I look at judgments in judicial review cases and gain the impression that one or two of the senior judiciary have rather concluded that the common law somehow exists in isolation. The development of case law is important, as suggested, but it should happen within the framework set by this democratically accountable House. We need to redress the balance to ensure that while the House is accountable, a democratically elected local authority is the right primary accountable body in its sphere of competence. I thus commend both the planning and the judicial review provisions.