We will probably beg to differ on that, but my hon. and learned Friend is absolutely right. One of the circumstances in which I could envisage the amended clause being used is if a public body has blatantly flouted the way in which consultations should be managed and procedure handled, but it is likely that the ultimate decision would have been the same. It is reasonable for a court to then say that that is simply unacceptable—that it is a matter of exceptional public interest that a public body of this kind should be able to behave in such a completely cavalier way—and it will therefore allow the case to go forward. The amendment
gives the judge the freedom to take that decision. It was our judgment that it accorded that freedom, but it also achieves our goal of ensuring that permission is not given for technicalities, which is particularly important.