Judicial Review and Courts Bill

My Lords, I will speak to my various amendments quite briefly, because while the detail of the am...

I apologise for getting things into a state of confusion—or nearly—by thinking that Amendment 3 w...

My Lords, I will take the opportunity to jump in briefly at this stage, even though the first thr...

I do not see this as a tool in the toolbox but as opening up a nest of snakes. When you use the p...

These are important amendments. They address the botched way that, if these powers are to come in...

I hesitate, my Lords, to speak again. I feel that so much of what has been said has been dancing ...

My Lords, this group of amendments, tabled by the noble Lord, Lord Ponsonby, is designed to take ...

I thank the noble Lord for giving way. Of course, new subsection (8)(f) refers to

“any othe...

It is absolutely right that the court can consider any other matter, but it must consider all the...

My Lords, I will respond to the amendments in this group in grouping order. I start by making a p...

Is the Government’s intention that these two remedies—new subsection (1)(a) and (b)—should be in ...

Yes and no, in the sense that this gets us into the argument about the presumption, because the p...

I am grateful to the noble Lord for giving way, but is that right in relation to new subsection (...

First, they may not apply at all, because there may, in a particular case, not be any person who ...

I am very grateful to the Minister. He emphasises that the court can have regard to other factors...

I am grateful to the noble Lord. I was going to come to interests of justice slightly later, but ...

My Lords, I thank all noble Lords who have spoken in this debate. As my noble and learned friend ...

Moved by

Lord Anderson of Ipswich (CB)

13: Clause 1, page 2, leave out lines 24 to 32...

My Lords, I rise to speak to my Amendment 13. Two of the greatest joys of practice at the Bar are...

My Lords, if I were to give my apprentice joiner grandson a tool for his toolbox, I would not say...

My Lords, as the noble Lord, Lord Anderson of Ipswich, indicated, I am happy to join myself with ...

My Lords, I agree with those who have spoken, and particularly with the noble and learned Lord, L...

I shall say just a few words. It is very strange that there is nothing in the Explanatory Notes t...

My Lords, I feel tempted to respond to the contribution of the noble Lord, Lord Beith. It is abso...

My Lords, I congratulate the noble Lord, Lord Anderson of Ipswich, on his Amendment 13. He rightl...

My Lords, I entirely support the amendments put forward, for the reasons that have been given. I ...

Perhaps I might briefly add to that point before the noble and learned Lord, Lord Falconer, speak...

I have just two points. First, I agree with the noble and learned Lord, Lord Hope, that no reason...

My Lords, I had no intention of intervening in this debate, but the question that seems to arise ...

My Lords, I entirely support the removal of the presumption. I will never try to achieve the brev...

My Lords, I open by noting that my noble friend Lady Chakrabarti said that Amendment 14, to which...

My Lords, I begin by responding to the noble Lord, Lord Pannick, to whom I am grateful for his ch...

On the basis of what the Minister has just argued, do I understand the Government’s position to b...

The Government’s position is that the presumption will enable the case law to develop more quickl...

Surely the courts will consider it when it is raised by the Government, and the question of the a...

There are two parts of the answer to that. First, there are, as I said earlier, many judicial rev...

Why is the interests of justice test not quite sufficient for your purposes?

I think I replied to that point in the previous group. The interests of justice test is subsumed ...

Does the Minister understand that his comments about third parties are now making me feel more ne...

With respect, no. The noble Baroness is looking at this in a very negative way. The whole point a...

That is an interesting answer. If there are two judicial reviews going on and one holds, for exam...

We all know that judicial reviews have to be brought within three months of the act. Therefore, I...

Scotland and England?

The position would still be that proper case management can deal with all of this. The point that...

I am grateful to the Minister for giving way. He expresses the hope that these provisions will en...

I know that my right honourable friend the Prime Minister is still recovering from my absence fro...

I am hugely and genuinely grateful to the Minister for that, because it cuts to the heart of my r...

I would not say that it is “just” about remedies; as this debate shows, remedies are very importa...

I thank all noble Lords who have contributed to this notable debate—notable not just for its qual...

Moved by

Lord Ponsonby of Shulbrede

16: Clause 2, page 3, line 19, at end insert—

My Lords, a Cart judicial review is where the High Court can, in exceptional circumstances, revie...

My Lords, I do not want to repeat what I said at Second Reading. Suffice it to say that I referre...

Before the noble Lord sits down, just to put the record straight, it is right that David Lammy sa...

He is in opposition.

I disagree quite strongly with what the noble Lord, Lord Faulks, said about how suggesting that t...

The noble and learned Lord does not mischaracterise the conclusions we reached at all. Quite righ...

There is a fundamental misunderstanding there. Of course, Parliament can reverse a judicial revie...

The noble and learned Lord has raised a number of very valid points in opposition to Clause 2. I ...

My Lords, may I follow my noble friend Lord Pannick, who has referred to my Amendment 23, which w...

May I add a couple of observations? It seems to me that experience has shown that it was difficul...

May I just ask a question about the middle way proposed by the noble and learned Lord, Lord Ether...

That is a very important point. If the noble and learned Lord, Lord Etherton, brings back his ame...

My Lords, I apologise for the croak in my voice. As two noble Lords have already recognised, the ...

My Lords, I do not have enough experience to talk about this first hand, but I get a lot of very ...

My Lords, if I may, I shall speak first to my Amendment 20, to create an exception to the ending ...

My Lords, I want to comment on Amendment 23 in the name of the noble and learned Lord, Lord Ether...

My Lords, I will begin by addressing the clause as a whole before dealing with specific amendment...

My Lords, it is clear we will return to a number of issues on Report. But for this evening, I beg...