Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that reforms to judicial review do not adversely impact access to justice for local communities challenging Government decisions on infrastructure projects.

The ability to challenge the lawfulness of Government decisions and those of other public bodies is fundamental to the rule of law. The Government remains committed to this principle.

Under the changes being taken forward in the Planning and Infrastructure Bill to Nationally Significant Infrastructure Projects (NSIP) judicial reviews, only claimants whose cases are deemed ‘totally without merit’ at the oral permission stage in the High Court will be prevented from appealing to the Court of Appeal. In other cases, the claimant can appeal the refusal of permission.

The Government is also working with the judiciary to take forward a number of other procedural changes to speed up the process for NSIP judicial reviews, such as target timescales, to ensure such cases are dealt with promptly. This can benefit all parties, including claimants.

These reforms are about ensuring cases move through the courts more quickly and efficiently, not about limiting the ability for the public to challenge decisions.