Independent Review of Administrative Law

Sara Britcliffe Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I can reassure the hon. Lady that in fact the advice has not been disregarded by the Department, because we are not advocating a wholesale codification of the law in this area. That was a particular issue that the review looked at very carefully. It took into account the evidence of the faculty, as it did the other evidence, and did not come to that conclusion. I will forgive her for making an incorrect assertion because she is yet to have a chance to read in depth the report, which has just been published. When we discuss these matters on another occasion, I am sure that she will accept the point that I have made and focus on the legitimate issues of debate that might still exist between us.

[Sara Britcliffe (Hyndburn) (Con)]

Will the Lord Chancellor set out for the benefit of the House the advantages of these measures?

[Robert Buckland]

For my hon. Friend and her constituents in Hyndburn, there will be many advantages. The options with regard to remedy actually enhance the rights of individuals. Where courts in the past have had to make a declaration of unlawfulness without any consequences, the option of having a suspended quashing order could allow that middle way to be achieved, where the authority concerned has an opportunity to correct its behaviour in a way that will give a higher degree of justice to the applicants. If these options are adopted, I can see a whole range of different approaches being taken that will enhance the public’s experience of judicial review applications.