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Criminal Justice and Courts Bill

In that particular case, we fulfilled the orders of the court after the first judicial review hearing. I did not agree with the judge in that initial

ruling. I considered an appeal, but looking at the detail of the ruling, I decided that it was more in the interests of the system that we were trying to protect and develop to move ahead with a further period of consultation. That is what we did, and we have published our responses arising from that consultation. We took the opportunity to revisit our original decisions and to look at whether any further changes needed to be made. That was embodied in the document that we published last week.

There are three simple principles in the areas of debate covered by these motions. I challenge the Opposition to explain why they so strongly disagree with those principles. First, parties should not be able to use minor technicalities in process as an excuse to bring a judicial review in order to delay an essential decision when there is very little likelihood that the outcome would be affected by that technicality. It is a simple principle. There is an exceptional circumstances clause which still allows judicial discretion in cases where there is a particularly distinctive characteristic, but this is designed to stop organisations judicially reviewing a process on the basis of a minor flaw in process, only to have the effect of delaying a difficult change—delaying for financial reasons and trying to push a change back a few months so that the financial impact is not felt as soon.

That is the reality of what is happening, and this proviso seems a perfectly sensible means of ensuring that the Government can take decisions in a timely and necessary way. In the unhappy event that the shadow Secretary of State finds himself in my chair or his colleagues find themselves in other Ministers’ chairs, they will think that it is sensible and logical way to make sure that the wheels of government move at an appropriate pace.

Type
Proceeding contribution
Reference
589 cc71-2 
Session
2014-15
Chamber / Committee
House of Commons chamber
Judicial Review
Wednesday, 17 December 2014
Written questions
House of Commons
Judicial Review
Monday, 19 January 2015
Written questions
House of Commons
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