Judicial Review

Baroness Whitaker Excerpts

Tuesday 23rd April 2013 Lords Chamber

Asked by

[Baroness Whitaker]

To ask Her Majesty’s Government how their proposed new policy on judicial review ensures the right to a fair hearing in respect of time for individual applicants to prepare and lodge their cases, and the opportunity for an oral permission hearing in all circumstances.

[Lord Ahmad of Wimbledon]

My Lords, I begin by congratulating the noble Baroness on her impeccable timing because today the Government published their response to the consultation on reforming judicial review. The response sets out changes to the judicial review procedure which the Government intend to take forward. As set out in the response, we believe that these changes to the fee structure, oral renewals and time limits will help to reduce the burden of judicial review while, most importantly, maintaining access to justice, the rule of law, and the right to a fair hearing.

[Baroness Whitaker]

My Lords, the consultation paper refers to problems with challenges to large planning developments. Why should individual applicants, often unfamiliar with legal processes or perhaps not even very good at reading and writing, like some Gypsies and Travellers, pay the price with so much less time? Secondly, does the Minister agree with Lord Justice Laws when he said,

“that judges … change their minds under the influence of oral argument”,

is central to the system, bearing in mind that more than 60% of all hearings are successful? Where is the justice in reducing them?

[Lord Ahmad of Wimbledon]

The noble Baroness is right to raise the important issue of vulnerable groups and people who represent themselves. However, a total of 11,359 applications were lodged in 2011, of which only 144 were successful. I hear what the noble Baroness says, and I am sure she will appreciate that for every application made in written form it is down to the judge to make an adjudication on whether it has merit to go forward. Even if the case is decided in the negative, the individual still has a right to take the matter forward to the Court of Appeal.