Independent Review of Administrative Law

Rosie Winterton Excerpts

Thursday 18th March 2021 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

When this review was announced I corresponded with the Lord Chancellor, reminding him that our independent system of civil justice in Scotland is protected by article 19 of the treaty of Union and devolved to the Scottish Parliament, so I welcome the assurance he has given today that his proposals going forward will apply to England and Wales only. As it is my birthday, will he indulge me by joining me in celebrating another victory for Scotland’s independent legal system, which of course in 2019 led the way in ruling that the Prime Minister’s Prorogation of Parliament was unlawful?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Happy birthday.

[Robert Buckland]

I am more than happy to wish the hon. and learned Lady a very happy birthday. I absolutely accept that she and I corresponded on these matters, and she pressed me when serving on the SNP Front Bench, but at no time was there any intention by the Government to trespass on to issues that are the province of the separate Scottish legal system. In this particular instance we have the Cart process, which applies to reserved matters and which of course would apply to Scottish courts, but I can assure the hon. and learned Lady that, if anything, we will be learning from the Scottish jurisdiction, because I note in particular section 108 of the Scotland Act 1998 and its provisions with regard to a certain type of remedy. So once again the great jurisdictions of England, Wales and Scotland are learning from each other as part of our even greater United Kingdom.

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[Madam Deputy Speaker]

Before I call the Lord Chancellor, I do want to remind hon. and right hon. Members of the dress code, which is the same for those contributing by video link and is that we should wear jackets.

[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.

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[Robert Buckland]

I am delighted to confirm to my hon. Friend that both he and his constituents in Bury South will have the opportunity to take part in further consultations. I suspect that most of the people and organisations who responded so helpfully to the review panel’s call for evidence last autumn will indeed engage again in this consultation. I look forward to a full and lively debate in the weeks ahead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Lord Chancellor for his statement. I am suspending the House for two minutes to allow the arrangements to be made for the next business.