Criminal Justice and Courts Bill

Debate between Robert Neill and Julie Hilling

Tuesday 17th June 2014 Commons Chamber

[Robert Neill]

I am sorry to say—perhaps not for the first time—gently, and with the affection of one legal professional to another, that the hon. Gentleman rather misses the point. We all want good decision making and nobody is saying that there is not a role for judicial review. When I listen to some of the rhetoric from the Labour Benches, I am tempted to think that my right hon. Friend the Lord Chancellor is proposing to abolish judicial review. No such thing is proposed and it is nonsense to say so. But there has been a significant degree of mission creep, to use a popular term, in judicial review. It is reasonable to say that that now needs to be rolled back. That is what the Bill seeks to do.

[Julie Hilling (Bolton West) (Lab)]

Does not the hon. Gentleman agree that the real risk here is that those people who are least able to access justice—people with the least means to pay for advice—are the most likely to be squeezed? I hope later to give examples of where judicial review has really helped the little people. The problem with these clauses is that we risk giving ordinary people less access to justice.

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[Robert Neill]

I cannot say that that has been my experience. If we were removing the process of judicial review and challenge, that would be a legitimate criticism. But we are not. To change a threshold around, for example, the “highly likely” test does not exclude a deserving case from seeking remedy. To deal with the issue of interveners does not remove a deserving case from the prospect of remedy through judicial review. If it imposes a degree of discipline in the thinking behind the bringing of such challenges, that is a good thing and we should not apologise for it.

[Julie Hilling]

But the issue is who will pay for the interveners for those people who have least access to finance and justice. Interveners will be allowed but who will foot the bill for people who do not have the means to pay?

[Robert Neill]

With respect to the hon. Lady, it is seldom persons in that category who are the interveners; they are much more likely to be the bringers of the review. I will come to the role of interveners in a moment, but let me finish the point about the way in which there has been mission creep in judicial review and the sometimes damaging effect that that has on the decision-making process.

The situation is a little like what we found with local government finance at one time, when officials tended to play tick the box so that someone qualified for the right number of grants. There is an element of that sometimes in the decision-making process, where decisions are always taken with an eye over the shoulder at the risk of judicial review rather than getting to the merits of the matter. If these clauses help, as I think they will, to move away from that culture, that is a good thing, as it will then encourage imaginative and radical, but always fact-based, decision making. It will always have to be fact-based because, after all, the Wednesbury reasonableness test is unchanged; it remains in any event. There will always be scope for challenge of irrational decisions, or of decisions that are genuinely not based on evidence. But removing the threat of judicial review to the extent that it now hangs over decision makers is sensible and proportionate.

Oral Answers to Questions

Debate between Robert Neill and Julie Hilling

Monday 30th April 2012 Commons Chamber

[Julie Hilling (Bolton West) (Lab)]

17. What assessment he has made of the potential effect of funding reductions on the operational activities of fire and rescue services.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

Operational matters are best assessed at the local level. It is for each fire and rescue authority to determine the operational activities of its fire and rescue service through its integrated risk management plan, which is subject to consultation with the local community.

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[Robert Neill]

With respect to the hon. Gentleman, he has not grasped the point that the risk assessment is dealt with at a local level by the integrated risk management plan, which is consulted upon with the local community and then approved by the fire authority. Durham’s funding per head has been maintained over two years at a steady level of £21 per head. It is worth saying that all metropolitan fire authorities have had increases in their capital grant of 50% to 80%, which is significantly more than under the previous Government.

[Julie Hilling]

Two hundred firefighter posts are being lost in Greater Manchester, but Cheshire and Essex are getting a 2% increase in their budgets. As there is a greater risk of fire, civil disturbances and industrial incidents—and in my constituency motorway incidents as well—in the metropolitan boroughs, how can the Minister possibly justify such a huge cut to the metropolitan authorities and an increase to the leafy counties?

[Robert Neill]

I was just looking at the figures that the hon. Lady gives me for her authority. It is worth observing that Greater Manchester is funded at the rate of £26 per head in formula grant. Cheshire, which was referred to, gets only £18 per head in formula grant, so I do not think she is giving a fair comparison.

Oral Answers to Questions

Debate between Robert Neill and Julie Hilling

Monday 5th September 2011 Commons Chamber

[Julie Hilling (Bolton West) (Lab)]

15. What recent assessment he has made of potential effects on levels of local authority service provision of reductions in central Government funding to local authorities.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

Local government is best placed to assess and decide on local priorities, not Whitehall. This Government have given councils the power and flexibility to take decisions locally on how to deliver the savings needed, and I hope that they will do so by reducing back-office inefficiencies and high senior salary levels, rather than cutting the front-line services that matter most.

[Julie Hilling]

Youth workers in Oxfordshire, like others up and down the country, were instructed to work on the streets during the recent disturbances, but they are now all being made redundant. Youth work is clearly a front-line service, so what is the Minister going to do to stop this destruction? I do hope that he is not going to reiterate the nonsense that savings can be made by cutting executive pay and merging back-room functions.

[Robert Neill]

I am sorry that, in her otherwise serious point, the hon. Lady suggests that efficiency is nonsense; I do not think that it is. In answer to her specific point, the British Youth Council, the National Youth Agency and the National Council for Voluntary Youth Services have all condemned the disorder that we saw on the streets and they are working well with the Government. I hope that she will support the Government’s initiative for national citizen service, which is being piloted in the Bolton lads and girls club in her area. There’s youth service in action!