My Lords, I do not have enough experience to talk about this first hand, but I get a lot of very useful briefings from campaign groups. On Clause 2, Liberty summed up the arguments extremely compellingly. I shall not read out the whole paragraph, but I shall read out three sentences.
“Cart judicial reviews are only given permission to proceed where there is ‘an arguable case, which has a reasonable prospect of success”
—that seems perfectly reasonable. Cart reviews
“allow egregious injustices and errors to be caught not just to the benefit of the individual claimant, but the benefit of the system as a whole.”
As the noble and learned Lord, Lord Phillips, put it in the Cart judgment itself, they
“guard against the risk that errors of law of real significance slip through the system”.
I cannot really see any proper way forward than removing Clause 2 in its entirety.