"My Lords, I too welcome the Statement. I congratulate the Government on having the courage to confront a really difficult issue. The status quo is quite unacceptable. I would rather hope that this House and Parliament in general could treat this on a non-party-political basis. There are a lot of …..." Lord Faulks - View Speech
"My Lords, the Minister mentioned three possible avenues for compensation. I think she would accept that the largest award is likely to be if there is a civil claim, rather than the other two avenues. Can she help the House with who the potential defendants in such a claim might …..." Lord Faulks - View Speech
"My Lords, Clause 1 gives judges a new power. I suggest that this is a power which enables them to do justice better between the parties, and to avoid some of the hard edges which currently obtain. Remedies in judicial review have always been discretionary. Nothing about this clause changes …..." Lord Faulks - View Speech
"My Lords, the IRAL came to the firm conclusion that Cart ought to go. It did so carefully considering the fact that Parliament should be slow before reversing decisions of the Supreme Court. It made the recommendation in relation to Cart and the case of Ahmed only, despite a number …..." Lord Faulks - View Speech
"My Lords, it is a privilege to follow the noble and learned Lord, Lord Hope, and our past, distinguished chair, the noble Baroness, Lady Taylor. I look forward to all contributions in this debate, including from our new chair, the noble Baroness, Lady Drake, who has followed so ably the …..." Lord Faulks - View Speech
"My Lords, I have the disadvantage of being a lawyer, an interest which I declare, and I was the chairman of the Independent Review of Administrative Law. Our task, as we saw it, was to review whether the balance of our constitution was fairly reflected in particular by the scope …..." Lord Faulks - View Speech
"I am grateful for that clarification, but I am afraid to say that I still fail to follow how bringing forward a fairly balanced Bill is somehow the Government reflecting an elected dictatorship. But I hear what the noble Baroness says...." Lord Faulks - View Speech
"I am most interested in the way in which the noble Lord analyses this. Is he essentially saying that this Bill is giving too much power to judges—power that ought to be vested in Parliament—and that a judicial review reform of this nature goes far too far and that judges …..." Lord Faulks - View Speech
"I thank the noble Lord for giving way. Of course, new subsection (8)(f) refers to
“any other matter that appears to the court to be relevant.”
So a court can decide that there are other matters that it thinks are important. This is not restricting or fettering the discretion of …..." Lord Faulks - View Speech
"My Lords, I feel tempted to respond to the contribution of the noble Lord, Lord Beith. It is absolutely true that this particular form of words does not find its way into our report in any way. That, of course, does not necessarily mean that it is a mistake to …..." Lord Faulks - View Speech