Criminal Defence Service Bill [HL]

I accept of course that it is perfectly legitimate for the Government to wish to remove abusive appeals from those which they support. What I do not accept is that the Government’s proposals, as set out in the framework document, represent a proper appeal. I have been very encouraged on that matter by the support of the noble and learned Lords, Lord Ackner and Lord Mayhew. Therefore, it seems to me that we need to look at this issue further. It would be most unfortunate if appeals on the merits, as such, were limited to a review by a court. Of course, this is a decision that will be taken administratively, and it would be very unfortunate indeed if there was no chance for a court itself to take a look at the merits and substitute its own decision on the merits for that of the administrators who took that decision. Currently, the Government’s plans would merely permit a review of the process. Unless there is something of the nature of irrationality, they could not really review the decision itself.