HEALTH
Debate between Valerie Vaz and Craig Whittaker(12 years ago)
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Valerie Vaz (Walsall South) (Lab)
The hon. Member for Southend West (Mr Amess) is always a difficult act to follow, but it is always a pleasure to do so, and I look forward to hearing the result of his talent contest.
I wish to inject a serious note, because I am asking the Government to rethink their consultation paper, “Judicial Review: proposals for reform”. I speak as someone with experience working for the previous Government on judicial reviews. Yes, they come in thick and fast, but in my view they are a necessary safety valve for society and uphold the rule of law. They are the foundations of our democracy. What is a judicial review? It is a review of a decision by a public authority—a review of legality, unfairness or reasonableness, or of whether there was a personal interest in any decision taken by a public authority.
My first concern is about the consultation period. The paper was published last week, and, in my view, the consultation period is not long enough. I have been in many judicial reviews where judges have expressed concern that there has been little or hardly any consultation. This consultation is taking place over the Christmas period. It is not even the length of a legal term. It will last for six weeks, at least two of which will be taken up by Christmas and new year. That might even be grounds for a challenge. What is the case for change? Page nine of the document states that judicial review has developed far beyond its original intentions. That is not a proper reason based on evidence; it is an opinion.
We are dealing with old powers that go back centuries. Some of the remedies have Latin words such as certiorari, mandamus and even habeas corpus. They have been exercised more extensively, because there has been much more legislation, and that is my second point. The Government are concerned about the growth of judicial review, but, because there is more legislation, there will be more challenges. When decisions are made and discretion goes beyond what Parliament has laid down in legislation, of course there should be challenges. These proceedings are not brought before the court lightly. Judges take very seriously the use and abuse of the court process and do their best to filter out vexatious claims.
My third point is that the Government want to change the process for granting permission to bring judicial review proceedings. Their own evidence shows that permission hearings—first on paper, then orally—are a good filter of cases, so what are the figures? In 2011, 7,600 applications were considered by the court, but only one in six was granted. That makes 1,200. That, to me, shows a court doing its job. It is one gigantic filter. Furthermore, only 300 permissions were granted for an oral hearing.
The oral permissions are important, because they are about getting a fair crack of the whip—to use a judicial review term—and it is right that those cases that have been filtered out get a second chance, because there might be new evidence. Even when they get to the stage of a hearing and an appeal, judges, particularly in immigration cases, are now ordering that the appeal can be pursued from abroad. I am astounded at the suggestion on page 11 that a victory in a judicial review is only a pyrrhic victory. It is a victory in terms of court. It is referred back to the original body for consideration, either because the decision was exercised unlawfully or unreasonably, or on one of the other grounds of judicial review. That is a proper victory within the grounds of judicial review.
I am also concerned about the timeliness aspect. The Government say that judicial review cases take a long time. These are not cases in the Jarndyce v. Jarndyce mould. Where is the evidence that there is delay beyond the three months? Most cases are dealt with in a timely fashion. There is a pre-action protocol that allows information to be exchanged before a case goes to court to be settled. The Government want to reduce the time limit from three months to six weeks in planning cases. That will not make them go away or get dealt with any quicker. What has to be looked at is the listing for a hearing. That is where the delay is. I have said before in the Chamber that we need more judges and more court time. The fact that some of the cases have been heard outside the Strand—in Cardiff, Manchester and other areas where the administrative court sits—is taking cases away from London, and that is a good thing.
My next point concerns fees. The Justice Secretary said that judicial review was being increasingly used by organisations for public relations purposes, but increasing the fees will not make them use it any less. Those organisations can afford it; it is the individuals or the residents groups who will not be able to afford the fees and therefore will be denied access to justice. If we remove access to justice, we remove one of the important parts of a democracy. In my view, the Justice Secretary has not made the case for reform. I ask the Deputy Leader of the House to ask the Justice Secretary what discussions he has had with those who drew up the civil procedure rules about these changes, and what representations he has had from the judiciary, lawyers and others who use the administrative court stating that there is a need for reform.
The case for reform is flawed. As Tom Bingham, the eminent judge, wrote in his excellent book, “The Rule of Law”, judges review the lawfulness of administrative action taken by others; they are the auditors of legality—no more no less. If we are to live in a democracy, we have to expect decisions to be made in cases which are not acceptable to the Executive or Parliament. We would not wish to have a judiciary that agrees with everything the Executive or Parliament does. Judicial review is one of the pillars that hold up a just society. Unforeseen consequences of legislation and the exercise of discretion can be tested in the courts through JR. We not only have great expectations but—in JR jargon—legitimate expectations that the safety valve for society that is judicial review will remain intact. In judicial review, judges exercise a constitutional power that the rule of law requires them to exercise. That is the way it should be.
May I add my voice to others in wishing everyone a merry Christmas and a happy new year and in thanking the staff for all their hard work over the year? Let me also say, on this auspicious day—20/12/2012—that I hope everyone’s dreams come true.
Craig Whittaker (Calder Valley) (Con)
I do not intend to take up anywhere near my allocated time, Mr Deputy Speaker; instead, I hope to be punchy and pithy.
Everyone in this House will remember the catastrophic nuclear accident that occurred on 26 April in 1986 at the Chernobyl nuclear power plant in Ukraine. Because of that disaster, Chernobyl Children’s Lifeline, like other charities, was set up in 1991. It works hard for the children affected by the disaster. I need to declare a small interest in the charity. In 2001, when I was chairman of Heptonstall parish council, Chernobyl Children’s Lifeline was my charity of the year, and many of my constituents in the Calder Valley, along with people from all over the nation, host those young people on recuperation holidays.
Belarus and Ukraine, where most of the charity’s work is focused, received more than 70% of the radioactive fallout from the nuclear explosion. As a result, thousands of children are still born every year with, or go on to develop, thyroid cancer, bone cancer or leukaemia. The charity does much work to help these children. It provides ongoing supplies of multivitamins and basic health care products to the children, having delivered thousands of tonnes over the last two decades. The charity helps children too sick to travel by providing chemotherapy medicines to children’s cancer hospitals in Minsk and Gomel, as well as other regions. It provides support with medicines and equipment to babies’ homes in Minsk and other orphanages around the country. When needed, the charity brings children to the UK for long-term medical care and education.
I want to speak about the charity’s work in bringing child victims of the Chernobyl disaster over to the UK for four-week recuperation breaks. More than 46,000 young children have been brought over to stay with UK host families since the breaks started in 1992. Traditionally, for the last 16 and a half years our Government have provided gratis visas for these recuperation breaks, like every other country in Europe. The breaks help to prolong those young children’s lives and give them good clean air and good living for just four weeks of their lives. The gratis visas are due to cease in March next year. The charity will have to find an additional £89 per child to bring them to the UK for four weeks’ recuperation.
The visas are currently paid for by the Foreign and Commonwealth Office from a budget of £250,000, but the actual cost is only £130,000. The money is transferred to the UK Border Agency for the service it provides. I have received a written reply from the Minister for Europe who has explained the reasons why the visas will cease. The money will apparently keep one of our smaller embassies open, it equates to full-time equivalent staff whom the FCO does not have to make redundant, and he feels that he gave the charities enough notice of the FCO’s intent when they were advised of the change back in November 2010.
I would ask my right hon. Friend the Deputy Leader of the House whether a solution can be found, because this charge, from the Foreign and Commonwealth Office to the Home Office, is just that: a charge. There is no physical product, apart from just the process. The true cost of providing the visas is much less than the budget spent on them, and given the 0.7% of GDP that we spend on international aid, the amount is so small that it is almost embarrassing that we should be cutting support for those young, dying children. May I also ask my right hon. Friend whether, rather than giving a blanket no, the Foreign and Commonwealth Office will please seek a solution with the Home Office—and perhaps even the Department for International Development —to ensure that we continue to do the morally right thing and help this and other charities to prolong these young lives?
Mr Deputy Speaker, may I, like others, take this opportunity to wish you and the whole House—Members, staff and their families—a wonderful Christmas and an incredibly peaceful new year?