Independent Review of Administrative Law

Debate between Robert Buckland and David Simmonds

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

The hon. Lady is, frankly, wrong to describe these proposals as a curtailment of judicial review. I will give her an example of an area where the use of a suspended quashing order could have helped campaigners. There was a case about tuition fees in which the Secretary of State was challenged for breaching the public sector equality duty. The court could only, at that stage, give a declaration of unlawfulness because a quashing of the decision would have caused administrative chaos. If a suspended quashing order had existed as an option, that would have had more teeth for those who were campaigning against tuition fees, which the hon. Lady’s party supported back in 2010.

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

From personal experience in local government, I know that judicial reviews can bring significant uncertainty to decisions that have been made by democratically elected and publicly accountable bodies. Will my right hon. and learned Friend outline the benefits he anticipates from this review in respect of local authorities and their decisions?

[Robert Buckland]

My hon. Friend speaks with considerable experience as a deputy leader of a major London borough and a long-standing member of the Local Government Association. He will see that there will be many advantages as a result of the proposals. For example, as I have mentioned, the ability to suspend quashing orders is a very pragmatic and sensible step. It means that minor administrative errors will not result in the entire policy being struck down, leading to great uncertainty and often administrative headaches for local authorities and others. I am sure that my hon. Friend, with his background in local government, will look at the consultation document and come up with further sensible suggestions.

Oral Answers to Questions

Debate between Robert Buckland and David Simmonds

Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

My hon. Friend knows that I am more than happy to hear more detail about those individual cases if he writes to me this week. On the general point, I can assure him that this was not a matter I took lightly. I am bearing very much in mind the issue of small landlords in particular and—shall we say—egregiously continuing breaches, which is why we excluded, for example, trespassers from the provision, because clearly there is a social necessity to deal with them. Other measures are also available to deal with antisocial behaviour, but I will look at the two cases he raises.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Given the capacity constraints on the judicial system at the moment, which are of concern to many of my constituents affected by similar issues to those outlined by my hon. Friend the Member for Orpington (Gareth Bacon), will my right hon. and learned Friend give consideration to relaxing the mandatory retirement age for magistrates so that the loss of our valued local administrators of justice can be stemmed and additional capacity be allowed in the system for the foreseeable future?