Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Sheila Gilmore Excerpts
Tuesday 5th February 2013

(11 years, 9 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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The problem with judicial review is that it has mushroomed beyond any expectation. It started with a few hundred cases when it was first introduced and there are now more than 10,000 a year. Often, those judicial review processes are based on a public relations exercise or an attempt to derail the reform temporarily by using a technicality. Judicial review should be a genuine process to challenge the public authorities when they get it wrong; it should not be an excuse to fly a kite.

Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
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17. If he will develop a feedback process to the Department for Work and Pensions on the reasons for the overturning of employment and support allowance decisions by tribunal judges.

Lord Grayling Portrait The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
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The provision of feedback on reasons for tribunals’ decisions is a matter for the judiciary. However, as the hon. Lady will remember, in my previous role we put in place new arrangements last year. Her Majesty’s Courts and Tribunals Service is now working with the DWP to evaluate the findings so that decision making can be improved wherever we can do so.

Sheila Gilmore Portrait Sheila Gilmore
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I thank the Secretary of State for that answer. However, his successor as employment Minister, the Minister of State, Department for Work and Pensions, the hon. Member for Fareham (Mr Hoban), told the Work and Pensions Committee that it was important to expand the reasons given by tribunals far beyond those on the dropdown menu, so that opaque statements such as “cogent oral evidence” are not given as the reason for an appeal being upheld. Will the Secretary of State confirm that those reasons will be expanded greatly?

Lord Grayling Portrait Chris Grayling
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Of course, the intention of the change was to identify relevant information that would improve decision making. We have learned quite a lot from the dropdown menu. The two Departments will of course discuss any improvements that will increase the quality of decision making and reduce the number of appeals.