UK Parliament / Open data

European Union (Withdrawal) Bill

Perhaps we will not reach agreement about this. I disagree with every part of what the hon. Lady has just said. First, judicial review has been a highly successful mechanism for environmental campaigners. It is, in fact, from judicial review that the clean air measures have arisen. Secondly, the reason why it is particularly effective in the case of a national policy statement is that a policy statement is a policy statement by Ministers and therefore creates a presumption of Wednesbury unreasonableness if it is departed from, so it is very easy to use as a tool for judicial review. Thirdly, judicial review is the mechanism that the principles in the new clause of the hon. Member for Brighton, Pavilion, or the Opposition new clause or the new clause of the hon. Member for Wakefield, would have

to operate on. It is not the case that the courts in our country would simply take a set of principles and apply them to some set of cases. They would not know what to do with them. The Government would have to be judicially reviewed for failing to apply those principles in their policy.

About this proceeding contribution

Reference

631 c490 

Session

2017-19

Chamber / Committee

House of Commons chamber
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