Independent Review of Administrative Law

John Howell Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I can absolutely reassure the hon. Gentleman that the proposals in fact are the opposite of a restriction or restraint on judicial review. The proposals include a recommendation that the rule about bringing a claim promptly be removed because it does not add anything to the overall procedural framework. Secondly, the three-month limit will remain, but there is of course within that discretion for the court to disapply or to entertain a late application. None of that is going to be interfered with. This review is not based upon some crude attempt to restrict a class of people from applying or to restrict the length of time. This is all about the scope of judicial review and the remedies that are on offer. It is a mature contribution to the debate, and I know that when Labour Members look at it carefully they will be compelled to draw the same conclusion.

[John Howell (Henley) (Con) [V]]

When many judges were beginning their legal career, I doubt very many of them ever came across judicial review, so much has this crept along over the last 40 to 50 years or so. Will the Lord Chancellor please accept my congratulations on his review of judicial review, and will he also accept that I would like to see it move quicker and faster in order to make sure that we do see a fundamental review? Certainly, of all the judges I have spoken to, I have not come across any who would contradict what we are trying to do?

[Robert Buckland]

My hon. Friend is right to urge expedition. I think I need to temper his remarks with those of the Chairman of his Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who wants to make sure that this place and the other place have a proper opportunity to scrutinise. That of course will happen, because if there is to be primary legislation, that will need proper scrutiny.

However, I take my hon. Friend’s point. The truth is that there have not been many occasions in the last 50 years or so when we have taken a close look at these issues. Judicial review has developed quite significantly since the late 1970s, so most of our judges now will have had some experience unless, with respect, they are extremely senior. I agree with the point that he makes. We need to remember that this is very much part of the Government’s overall approach to take incremental, structured looks at aspects of our constitution to get the balance right.