UK Parliament / Open data

Judicial Review and Courts Bill

Debate on bills on Tuesday, 25 January 2022, in the House of Commons, led by James Cartlidge.
Programme (No. 2) motion agreed to. Report stage. New clause 4 (Publicly funded legal representation for bereaved people at inquests), discussed with new clause 5 (Removal of the means test for legal help prior to inquest hearing), new clause 6 (Eligibility for bereaved people to access legal aid under existing provisions), new clause 8 (Exclusion of review of the Investigatory Powers Tribunal), new clause 9 (Evidence in judicial review proceedings), other amendments and a Government amendment. New clause 4 negatived on division (187 votes to 315). Amendment to clause 1 negatived on division (228 votes to 313). Government amendment made to clause 2, with another amendment negatived on division (61 votes to 316). Government new clause 1 (Maximum term of imprisonment on summary conviction for either-way offence), discussed with new clause 2 (Online Procedural Assistance), new clause 3 (Review of the single justice procedure), new clause 7 (Compatibility with Article 6 of the European Convention on Human Rights), amendments and Government amendments. Government new clause 1 agreed to. Amendment to clause 3 negatived on division (184 votes to 310). Amendment to clause 9 negatived on division (176 votes to 316). Amendment to clause 21 negatived on division (220 votes to 315). Government amendments made to clauses 46, 47, schedules 2 and 5. Third reading. Agreed to on division (310 votes to 211). Bill passed.

About these Parliamentary proceedings

Reference

707 cc883-967 

Session

2021-22

Department

Ministry of Justice

Legislative stage

Third reading and Report stage

Chamber / Committee

House of Commons chamber
Judicial Review and Courts Bill 2021-22. As amended in Public Bill Committee.
Tuesday, 23 November 2021
Bills
House of Commons
Legislative scrutiny: Judicial Review and Courts Bill. Joint Committee on Human Rights tenth report.
Wednesday, 1 December 2021
Parliamentary committees
House of Lords
House of Commons

Proceeding contributions

Baroness Winterton of Doncaster | 707 c884 (Link to this contribution)

When the shadow Minister stands up to move new clause 4, I will be grateful if others stand up to...

Andy Slaughter | 707 c884 (Link to this contribution)

I beg to move, That the clause be read a Second time.


Show all contributions (85)
Baroness Winterton of Doncaster | 707 cc884-8 (Link to this contribution)

With this it will be convenient to discuss the following:

New clause 5—Removal of the means...

Andy Slaughter | 707 cc888-892 (Link to this contribution)

It is a pleasure to open the debate and speak to the new clauses and amendments that stand in my ...

Baroness Winterton of Doncaster | 707 c890 (Link to this contribution)

In view of the shortness of time, I will have to impose, to start with, an eight-minute time limi...

John Hayes | 707 cc890-3 (Link to this contribution)

I rise to speak on new clauses 8 and 9, which stand in my name and that of my hon. Friend the Mem...

Marco Longhi | 707 c893 (Link to this contribution)

Does my right hon. Friend agree that the events of Brexit showed the vivid importance of always m...

John Hayes | 707 c893 (Link to this contribution)

Absolutely. The separation of powers does not deal with neutrality. It deals with different power...

Stuart C McDonald | 707 c893 (Link to this contribution)

Is not the point of judicial review to make sure the Government comply with the

John Hayes | 707 c894 (Link to this contribution)

That is, of course, true, and it is why judicial review exists. The hon. Gentleman is right that ...

Sally-Ann Hart | 707 c894 (Link to this contribution)

Will my right hon. Friend confirm that these new clauses would, in effect, stop judicial review d...

John Hayes | 707 cc894-5 (Link to this contribution)

My hon. Friend makes the point more eloquently than I ever could, partly due to her expertise. Th...

Alistair Carmichael | 707 c895 (Link to this contribution)

The difficulty I have with the right hon. Gentleman’s argument is this: where facts are in disput...

John Hayes | 707 c895 (Link to this contribution)

The court can take evidence, but what it should not be doing is fishing for further information, ...

Anne McLaughlin | 707 cc895-8 (Link to this contribution)

Much of this Bill has no impact on Scotland or our separate courts and legal system, so our amend...

Baroness Winterton of Doncaster | 707 c896 (Link to this contribution)

I call Helen Morgan to make her maiden speech.

Helen Morgan | 707 cc896-9 (Link to this contribution)

Thank you, Madam Deputy Speaker. I am humbled today to be standing in this historic Chamber repre...

Baroness Winterton of Doncaster | 707 c899 (Link to this contribution)

I congratulate the hon. Lady on her maiden speech; she is clearly going to be a very lively contr...

Paula Barker | 707 cc899-901 (Link to this contribution)

I would like to congratulate the hon. Member for North Shropshire (Helen Morgan) on her wonderful...

Joanna Cherry | 707 cc901-2 (Link to this contribution)

I commend the hon. Member for North Shropshire (Helen Morgan) for her excellent maiden speech, an...

Janet Daby | 707 cc902-3 (Link to this contribution)

There has been a lot of turmoil on the Government Benches over the past few weeks—partygate, alle...

Baroness Winterton of Doncaster | 707 c903 (Link to this contribution)

Just a little reminder: it is important to refer to the amendments as well as the clauses in the ...

Wera Hobhouse | 707 cc903-5 (Link to this contribution)

I take this opportunity to welcome my new colleague, my hon. Friend the Member for North Shropshi...

Apsana Begum | 707 cc905-6 (Link to this contribution)

I rise to speak to a number of amendments and new clauses, in particular new clause 4, which corr...

Stuart C McDonald | 707 cc906-8 (Link to this contribution)

May I start by picking up a point that the hon. Member for North Shropshire (Helen Morgan) made i...

James Cartlidge | 707 cc908-9 (Link to this contribution)

I am grateful to all Members who have contributed to the debate so far. In particular, I congratu...

Debbie Abrahams | 707 c909 (Link to this contribution)

Will the Minister comment on the assessment that the judicial review on the shortages of personal...

James Cartlidge | 707 c909 (Link to this contribution)

The point is that these matters are entirely for our independent judiciary. The judiciary will ma...

John Hayes | 707 c909 (Link to this contribution)

There are two new clauses, and I am sure the Minister is going to deal with the second one, but t...

James Cartlidge | 707 cc910-2 (Link to this contribution)

My right hon. Friend makes his point, but given what happened with the Supreme Court, I am sure h...

Wera Hobhouse | 707 c912 (Link to this contribution)

Will the Minister accept that it is often a matter of life and death, and that therefore his argu...

James Cartlidge | 707 c912 (Link to this contribution)

Those matters should be determined with—I hate the phrase—two bites at the cherry, which is commo...

James Cartlidge | 707 cc912-3 (Link to this contribution)

I am sorry; I have one more important Government amendment that I wish to cover. I apologise to t...

James Cartlidge | 707 c925 (Link to this contribution)

I beg to move, That the clause be read a Second time.

Baroness Laing of Elderslie | 707 cc925-7 (Link to this contribution)

With this it will be convenient to discuss the following:

New clause 2—Online Procedural As...

James Cartlidge | 707 c927 (Link to this contribution)

The Government’s new clause 1 will provide powers to vary the maximum prison sentence that magist...

James Daly | 707 c927 (Link to this contribution)

I have spent 16 years of my professional life trying to keep people out of prison. I have also wo...

James Cartlidge | 707 c927 (Link to this contribution)

My hon. Friend has put his point on record, not least as someone who speaks with huge experience ...

James Cartlidge | 707 c928 (Link to this contribution)

I give way to my hon. Friend, the Chair of the Environment, Food and Rural Affairs Committee.

...
Neil Parish | 707 c928 (Link to this contribution)

I seek reassurance from my hon. Friend that this measure will speed up the process, so that we wi...

James Cartlidge | 707 c928 (Link to this contribution)

I will explain very shortly what impact we expect this to have on the delays, which my hon. Frien...

James Cartlidge | 707 c928 (Link to this contribution)

I give way to the Chair of the Justice Committee.

Robert Neill | 707 c928 (Link to this contribution)

I, too, support this amendment. My hon. Friend will remember, or will perhaps know, that the Just...

James Cartlidge | 707 cc928-9 (Link to this contribution)

The short answer is no. That is certainly my impression. The reason that we are making this chang...

Edward Timpson | 707 c929 (Link to this contribution)

I also support this amendment and the efforts being made by my hon. Friend’s Department and acros...

James Cartlidge | 707 c929 (Link to this contribution)

My hon. Friend makes an excellent point, because, of course, we do want to achieve precisely that...

Alex Cunningham | 707 cc929-930 (Link to this contribution)

Let me first thank the Minister and other colleagues on the Bill Committee for their kind comment...

James Daly | 707 c931 (Link to this contribution)

That assessment is completely at odds with my 16 years of working in this field. When a case is c...

Alex Cunningham | 707 c931 (Link to this contribution)

I am not saying that we oppose the proposal—Labour legislation first put it on the statute book—b...

Andy Carter | 707 c931 (Link to this contribution)

Following on from my hon. Friend the Member for Bury North (James Daly), one of the main reasons ...

Alex Cunningham | 707 cc931-5 (Link to this contribution)

We believe the potential is there, but we want to understand the statistics on which the Governme...

Robert Neill | 707 cc935-6 (Link to this contribution)

All in all, this is a valuable Bill and I welcome the Government amendments. I practised criminal...

Andy Carter | 707 c936 (Link to this contribution)

My hon. Friend mentioned a diverse bench. Does he agree that it is vital that employers think abo...

Robert Neill | 707 c936 (Link to this contribution)

I salute my hon. Friend’s work as a magistrate over many years. What he says is absolutely true, ...

James Daly | 707 c936 (Link to this contribution)

I truly wish that my hon. Friend would come to Bury magistrates court, then he would know a bench...

Robert Neill | 707 c937 (Link to this contribution)

I agree with my hon. Friend and recognise his experience in the field. I do not think this needs ...

Edward Timpson | 707 c937 (Link to this contribution)

We have to remember that magistrates sit not only in the criminal courts, but in the family proce...

Robert Neill | 707 c937 (Link to this contribution)

That is entirely true. We know that there is sometimes a struggle to get sufficient magistrates t...

Alex Cunningham | 707 c938 (Link to this contribution)

The Chairman of the Justice Committee, as always, talks very clear sense. If we are going to have...

Robert Neill | 707 c938 (Link to this contribution)

I understand the spirit in which the shadow Minister makes that point. He will know that the Just...

James Daly | 707 c938 (Link to this contribution)

My hon. Friend is making an excellent speech. On the justice system and quality individuals, does...

Robert Neill | 707 cc938-9 (Link to this contribution)

I know we are straying towards the edge of the topic, Madam Deputy Speaker, but I think this is g...

Anne McLaughlin | 707 cc939-940 (Link to this contribution)

You will be pleased to know, Madam Deputy Speaker, that most of the SNP’s objections are around j...

Andy Carter | 707 cc940-2 (Link to this contribution)

It is a pleasure to speak in the debate in support of the Government’s new clause. The Minister a...

James Daly | 707 c942 (Link to this contribution)

Based on his long experience in the magistracy, does my hon. Friend agree that the increase in se...

Andy Carter | 707 cc942-4 (Link to this contribution)

My experience is that the overwhelming majority of magistrates will do everything they can to avo...

Robert Neill | 707 c944 (Link to this contribution)

My hon. Friend makes an important point about the youth courts. Does he agree that it is often no...

Andy Carter | 707 c944 (Link to this contribution)

My hon. Friend is absolutely correct. The sentencing powers of youth courts are already far great...

Janet Daby | 707 cc944-5 (Link to this contribution)

It is always a pleasure to speak under your chairmanship, Mr Deputy Speaker. I fully support the ...

James Cartlidge | 707 cc945-9 (Link to this contribution)

It is a pleasure to follow the hon. Member for Lewisham East (Janet Daby), who makes a very good ...

Nigel Evans | 707 c949 (Link to this contribution)

We now come to amendment 20, which has been selected for separate decision.

James Cartlidge | 707 cc962-3 (Link to this contribution)

I beg to move, That the Bill be now read the Third time.

The Bill has received careful and ...

Joanna Cherry | 707 c963 (Link to this contribution)

The Minister says that the Bill has received careful scrutiny. Does he agree that it is unfortuna...

James Cartlidge | 707 cc963-4 (Link to this contribution)

I respect the hon. and learned Lady’s considerable expertise in these matters. I did write to her...

Alex Cunningham | 707 cc964-5 (Link to this contribution)

This has been an interesting Bill in process, although we still do not really see the need for ma...

Robert Neill | 707 c965 (Link to this contribution)

I have great respect for the hon. Member for Stockton North (Alex Cunningham), but I am afraid I ...

Anne McLaughlin | 707 cc965-6 (Link to this contribution)

I reiterate that we vehemently oppose much of the Bill. Nothing that has been said today or durin...

Marco Longhi | 707 cc966-7 (Link to this contribution)

Tributes should be paid to the judges and legal professionals who have kept our courts operationa...

Nick Fletcher | 707 c967 (Link to this contribution)

It is a pleasure to speak in this debate. I will speak only briefly, but it is so important that ...

Nick Fletcher | 707 c967 (Link to this contribution)

And at length, yes.

My first point is about allowing adult defendants to plead guilty to, a...

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