On a point of order, Madam Deputy Speaker. In a debate on consideration of Lords amendments to the Criminal Justice and Courts Bill on 1 December, the Lord Chancellor, while addressing the judicial review clauses in the Bill, misled this House—a matter that he corrected in a letter dated 4 December to the hon. and learned Member for Torridge and West Devon (Mr Cox), a copy of which was subsequently placed in the Libraries of both Houses.
In that letter, the Lord Chancellor wrote:
“As we discussed, during what was a complicated debate, I inadvertently suggested to you that clause 64 contains a provision for the court to grant permission to proceed with a judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so. I would like to take this opportunity to clarify that that is not the case. No such exceptional circumstances provision exists in this clause.”
Given that this misrepresentation goes to the heart of the Government’s proposals for judicial review in the Bill, I seek your guidance, Madam Deputy Speaker, on whether it is sufficient by way of correction to write to only one Member who took part in the debate and then to place a copy of that letter in the Libraries. Would it not be more appropriate for the Lord Chancellor to correct the record? I ask that particularly because it was clear from the debate in the other place yesterday on this House’s disagreements with the Lords amendments that the noble Lords taking part were unaware of the Lord Chancellor’s correction.