Independent Review of Administrative Law

Debate between Tahir Ali and Robert Buckland

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I am more than happy to wish the hon. and learned Lady a very happy birthday. I absolutely accept that she and I corresponded on these matters, and she pressed me when serving on the SNP Front Bench, but at no time was there any intention by the Government to trespass on to issues that are the province of the separate Scottish legal system. In this particular instance we have the Cart process, which applies to reserved matters and which of course would apply to Scottish courts, but I can assure the hon. and learned Lady that, if anything, we will be learning from the Scottish jurisdiction, because I note in particular section 108 of the Scotland Act 1998 and its provisions with regard to a certain type of remedy. So once again the great jurisdictions of England, Wales and Scotland are learning from each other as part of our even greater United Kingdom.

[Tahir Ali (Birmingham, Hall Green) (Lab) [V]]

The time limit to bring a judicial review claim is extremely short in comparison with other types of such claim. There is already a requirement for a claim to be brought promptly and within three months of the decision which is being challenged; any further restrictions would only make it harder for individuals to access justice. Will the Lord Chancellor guarantee that he will not make time limits for judicial review stricter than they already are?