Oral Answers to Questions

William Bain Excerpts

Tuesday 16th December 2014 Commons Chamber

[Chris Grayling]

I do wish the hon. Lady would get her facts right. She just said that the chief inspector’s wife is running half the service at the moment, but of course that is not true. The service remains, as of today, entirely within the public sector, and she might get her basic facts right. Had she read that report, she would have seen that the chief inspector identified a number of long-term systemic problems that predate any change we have put in place and were ensuring underperformance. He said that it was necessary to move to a steady state—in other words, to complete the reforms and get things bedded in for the long term—as quickly as possible.

[Mr William Bain (Glasgow North East) (Lab)]

7. What his policy is on the constitutional role of judicial review.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Judicial review plays a crucial constitutional role as an essential component of the rule of law. When used properly, it allows public authorities to be held to account. But it can be misused, with unmeritorious challenges brought simply to cause delay. The Government’s package of reform, in particular the clauses in the Criminal Justice and Courts Bill, will limit the potential for abuse without undermining judicial review’s vital role.

[Mr Bain]

I am grateful for that, but the Secretary of State’s proposals to reform judicial review have been condemned by, among others, the senior judiciary, leading civil liberties organisations and charities, and they have now been forcefully rejected by wide cross-party majorities twice in the other place. Will he now admit defeat, see sense and withdraw these unnecessary proposals?