Judicial Review and Courts Bill

Debate between Wera Hobhouse and Matt Rodda

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

It is a pleasure to follow the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright). As someone with no legal training, I always enjoy listening to people with legal training who make clear what the issues are. I hope the Government listen carefully to the concerns that he has raised about part 1 of the Bill. As always, the Government are putting forward perfectly reasonable proposals and mixing them up with something that is very controversial. On the Opposition side of the House, we are not at all convinced that this Bill is anything other than an attack on the most vulnerable and most marginalised in our society, and we want to protect them.

The Government claim that this Bill will hand additional tools to judges. What the Bill actually does is restrict judicial review. Judicial review is working well in this country. Although these proposals might not go as far as many feared, I remind colleagues of Lord Neuberger’s words that judicial review

“is what ensures that the executive arm of government keeps to the law and that individual rights are protected”.

Government accountability is fundamental to our democratic society. That is the principle on which Liberal Democrats oppose this Bill.

Taken against the Government’s broader programme of constitutional reform, it is difficult to see this Bill as anything other than part of a concerted effort to take power away from individuals and to stop them holding Governments to account. In the past year, we have seen: the Police, Crime, Sentencing and Courts Bill, which restricts people’s rights to peaceful assembly and protest; voter ID proposals under the Elections Bill that stop people from vulnerable and marginalised backgrounds from exercising their democratic right to vote; and attempts to weaken the Human Rights Act 1998 and the UK’s commitment to the European convention on human rights. Now we have a Bill that limits people’s ability to hold Governments to account through the courts.

Key elements within the Bill are particularly concerning. Clause 2 permits the courts to abolish Cart judicial reviews and imposes de facto ouster clauses. That removes a vital safeguard in situations where tribunals make mistakes. We have heard about that several times already this afternoon. The vast majority—92%—of Cart judicial reviews are immigration and asylum cases. Many of the remaining cases concern access to benefits for disabled people and other people facing destitution. Those are all situations where the stakes are incredibly high for the people involved.

[Matt Rodda (Reading East) (Lab)]

The hon. Lady is making a fascinating speech and some very strong points. Does she agree that there is now an established body of judicial review going back a number of years that seems to demonstrate that this particular area of law has allowed the Executive to be held to account by the most vulnerable and weakest in our society? Does she also agree that an additional benefit, as mentioned by the former Attorney General, the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright), is that it focuses the minds of those working in Government—in particular those in the civil service and Ministers—to provide better quality decision making in the first place?

[Wera Hobhouse]

This issue absolutely is about that particular section of society who seem to be under attack in this case. Decisions have been made where those people should have been supported in the first place, and then they do not even have a comeback under the law, and that is just wrong.

What is more, the low success rate, which the Government are using to defend their plans, massively understates the number of Cart judicial reviews that secure a positive outcome for the claimant. Scrapping Cart judicial reviews goes against everything that a fair-minded liberal democracy stands for. We Liberal Democrats will never cease to stand up for such rights.

The Government state in their press release that

“it is expected that the legal text that removes the Cart judgment will serve as a framework that can be replicated in other legislation.”

In other words, they are admitting that the Bill is the thin end of the wedge and that it could open the door to more ouster clauses in the future, which would create whole areas of Government action that could not be judicially reviewed, making them immune from accountability through the courts.

Liberty has described the Bill as

“part of this Government’s bid to make itself…untouchable.”

The Law Society warns that the Bill

“should ring alarm bells for people who come up against the might of the state.”

There can be no justification for such a Bill in a democratic society. I urge colleagues across the House to vote against it.

GWR and Network Performance

Debate between Wera Hobhouse and Matt Rodda

Tuesday 5th February 2019 Westminster Hall

[Matt Rodda]

The hon. Gentleman draws on several points that I and colleagues are due to make or have made.

I come back to the issue of delays and quite how frustrating they are for daily commuters in towns like Reading and Slough, in addition to the sensible points made earlier. It is deeply frustrating to have to deal with delays on a daily basis. It has a huge impact on family life and on people’s desire to work in London or to commute into Reading, Slough, Swindon or other business centres along the line. I am sure that applies to the other towns and cities represented here today. It is a deeply frustrating daily occurrence for hundreds and thousands of people in this region, which is a crucial part of our railway network.

I have a series of questions for the Minister about the performance of GWR and the Department for Transport. I will address both infrastructure investment and the management of the railway. First and foremost, why on earth did the Government delay electrification along this line? We have heard about the benefits that south Wales would have had if it had been properly managed. We have also had delays to our rail services because of the lengthening of the roll-out of electrification. The installation of the gantries was hugely delayed and on a number of the local lines that feed out from Reading, such as the lines to Basingstoke, Southampton, Oxford and Gatwick, we do not have that level of investment. Commuters using those lines, including many of my constituents and others in neighbouring constituencies, are suffering and would like to see more electrification, not less. It is a huge issue.

[Wera Hobhouse (Bath) (LD)]

I am grateful that the hon. Gentleman has put his finger on that very important point. In Bath, where we suffer from massive air pollution, electrification has been stopped. That should certainly be a priority, particularly looking at air pollution. Why has the electrification through Bath not continued?

[Matt Rodda]

The hon. Lady makes an excellent point about pollution. There are three aspects of pollution that are deeply challenging in my area. The first is air pollution from soot and nitrous oxide. The second is the effect on global warming. Electrifying the railways should be the low-hanging fruit in tackling global warming, as it is obviously going to take carbon out of the atmosphere. It is a huge disappointment to many people that the Government have not seen it as a key priority.

The third point, which may affect colleagues in other urban centres, is that as part of the botched electrification, the train maintenance depot in Reading was moved. I believe that that has happened in other areas. We now have diesel locomotives, which should have been taken out of service, revving their engines at 5 o’clock in the morning outside terraced houses in Reading, because the maintenance depot was moved as part of the works. That is completely unacceptable and there is an ongoing legal dispute between Reading Borough Council and First Great Western, so I will not go into further detail. Noise pollution is a substantial additional problem as well as air pollution and carbon dioxide pollution, which all seriously affect towns and cities along the line and the lives of people who live near the railway.

My second question for the Minister, which is also blunt, is, why has First Great Western’s franchise been repeatedly extended, given all the poor performance issues? I hope that as a new Minister, he will investigate that.

Time is pressing, but I would like to point out that I disagree with the Government’s policy of large increases in season ticket prices. That has a direct impact on people in my constituency and along the line, as we heard earlier. I draw the Minister’s attention to the fact that commuters are already having their salaries squeezed. Many residents in Reading and Woodley commute to London, or to nearby towns. They live in an area with high house prices and rocketing private rental prices, and at the same time their season tickets are going up by very large sums. That means that families, couples and single people are facing large cuts to their disposable income, which has a significant impact on their ability to enjoy life, especially family life. The Minister should address that and rethink this problem.

The railway is a vital public service that could—and should—be run much better. Investment is a key driver for jobs and growth in the Thames valley and along the whole railway corridor. However, as we have heard, there is a clear contrast between the poor performance of the current Government and a much more sensible long-term strategy. Colleagues have mentioned the importance of bringing the railway back into public ownership.

I will highlight that contrast in three simple points. I have mentioned the Government’s poor management of electrification, and that areas such as Reading, Wales and others have suffered severely. There are other aspects of mismanagement, including the cost to passengers of high fares and delays. In contrast, the Labour Government paid for the vast majority of the rebuilding of Reading station, which is a huge asset to our town and to travellers up and down the network. An incoming Labour Government would invest in electrification, and, most importantly, bring the railways back into public ownership. I believe that that would dramatically improve the quality of life for rail travellers and for businesses that are reliant on the railways.

In my opinion, rail is a vital public service, and the evidence clearly shows that. It brings economic benefit to our region. Given that the Minister is new in this post, I ask him to rethink the Government’s policy and to look again at the dogma and failed economic views that have led to mismanagement, to the chaos of the franchising system, and to the lack of investment in capital infrastructure.