That is one reflection among many who sit on the other side of the debate, including those who have looked into this matter in great detail.
Why are the Government still pushing ahead with this reform? If we accept the Secretary of State’s reasoning, it comes down to cost and
“a disproportionate use of valuable judicial resource”.
In reality, however, the cost of Cart reviews is no more than £400,000 a year. That is a drop in the ocean compared with the Ministry of Justice’s overall budget. It is less than the Department for Digital, Culture, Media and Sport spent on its art collection last year. Put another way, the Government Legal Department’s total administrative costs for the last year were £226.7 million, more than 500 times the upper estimate for yearly Cart judicial review costs.
As with clause 1, there could be another, murkier reason that the Government are so keen to abolish Cart judicial reviews. In its press release, the Ministry of Justice said that
“it is expected that the legal text that removes the Cart judgment will serve as a framework that can be replicated in other legislation.”
With those words, the Government let their mask slip. If that is indeed their intention—I look forward to the Lord Chancellor confirming that it is not—that would allow them to insulate whole sections of Government decision making from challenge by members of the public. I am sure that Members on both sides of the House would agree that that would be a truly chilling development. Governments have to be challenged. Governments suffer defeats in the courts. Why would we start to oust Government decisions in other areas, beyond this small but important area of immigration law?
Beyond judicial review, there are several provisions dealing with a shift towards greater use of online procedures and technology. While Labour supports measures that would make the justice system more efficient, we must ensure that no one is left behind and that adequate safeguards are in place to prevent serious injustices. As the Bill currently stands, there is only a vague duty for the Lord Chancellor to provide digital support
“for those who require it”.
Labour feels that a specific commitment to assist digitally excluded individuals would offer better protection. While the creation of an online procedure rule committee is a positive step, the Bill currently puts too much power in the hands of the Lord Chancellor. As it stands, the Lord Chancellor could amend, repeal or revoke any law he feels necessary to create the online procedure rules, and he would only have to consult the Lord Chief Justice and the Senior President of Tribunals before making amendments to them.
The last area I want to address is the coroners court. As with provisions on criminal procedure, any efforts to reduce “unnecessary procedures” or allow for greater online participation must be accompanied with robust protections for those who could be excluded. More fundamentally, there is nothing in the Bill to address the inequality in the inquest system that sees bereaved families denied the legal aid that my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft) mentioned earlier, while the state has the benefit of the finest Government lawyers that taxpayers’ money can buy.