I am grateful to all those who have spoken about the Bill today. I have only a short time, so I will briefly canter over the points raised in this important debate. I am grateful to the hon. Member for Hammersmith (Andy Slaughter) for recognising that we have made a significant concession on the presumption; we, in turn, are grateful for having been enabled to bring important reforms to judicial review through clauses 1 and 2.
On the issue of judicial review and prospective-only quashing orders, I thought that my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) made a good point to the hon. Member for Glasgow North East (Anne McLaughlin) in saying that we cannot have it both ways. The Bill gives new powers and flexibility to judges; we should not at the same time fetter judges and try to predict what they would do in individual cases. That is the key point. As my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), Chair of the Justice Committee, said, this is about giving judges an extra club in the bag—a golf analogy; I said that it was another tool in the toolbox. Whether we use DIY or sport analogies, we all understand that there is an extra tool for the judiciary—more powers and flexibility.
On the issue of Cart JR, my hon. Friend made a really important point. The resource issue is about High Court judges, particularly in the Queen’s bench division, who after all hear some of the most serious cases around the country, not just in London.
I understand where my hon. Friend is coming from, and concerns from all hon. Members, when it comes to legal aid. I have previously expressed my strong sympathy—particularly for MPs in the north-west, who have had a long experience around Hillsborough. Of course we are looking at that and other matters.
The hon. Member for Hammersmith is aware of the measures that we have already introduced. Even if we agreed on this measure, the Opposition would surely have to accept that it simply would not be possible for such a significant measure to be introduced at such a late hour in the course of a Bill. Were we to continue to go back and forth on this, we would risk undermining the Bill—and we must not forget that it also contains very important measures on criminal procedure, not least changes in magistrates’ sentencing powers. As soon as those new powers come in, they will start to have an impact on our backlog by ensuring that cases
that would otherwise be dealt with in the Crown courts can be heard in magistrates courts. I therefore think it important for the Bill to receive Royal Assent.
As I have said, I am pleased to commend the vast majority of the Lords amendments to Members, but I ask them to join me in disagreeing with Lords amendments 1, 2, 3, 5 and 11, and agreeing to the Government’s amendment (a) while disagreeing with Lords amendment 5.
Question put, That this House disagrees with Lords amendment 1.