Mr David Lammy
MP for Tottenham · Labour · United Kingdom
“I am delighted to welcome the shadow Housing Secretary to the Dispatch Box. He, of course, could have been doing that job every week if he were better with numbers.”
“The right hon. Gentleman has not proposed what the Conservatives would do if they were in office. They released 10,000 under four different schemes, with no impact assessment when they released them, no victim contact when they released them, and no warning. They did it on the sly.”
“This is a very serious issue and the right hon. Gentleman is experienced in this House. He knows that while he was Home Secretary, the Conservative Government had an early release scheme that let out 10,000 offenders—10,000. They had six schemes within a year.”
“I have been asked to reply on behalf of the Prime Minister, who is attending the NATO summit. Working with our allies, we are strengthening Europe’s role in the alliance, which remains the cornerstone of our national security.”
“The right hon. Gentleman insists on proving that he cannot count. We lost 16,000 police officers when the Conservatives were in power. The British people have not forgotten what they did to our country. After two years of this Labour Government, I will compare our record with theirs every day of the week.”
“I am grateful to my hon. Friend. I have the honour to say that His Majesty the King has accepted our advice to grant Ruth Ellis, the last woman to be hanged in the United Kingdom, a conditional pardon. [Hon.”
The complete record
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“Let me start by thanking my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) for securing a vital urgent question. This is not the first time that I have risen to my feet to speak about the humanitarian disaster faced by the people of Afghanistan; nor do I believe that it will be the last. The Opposition have warned continually and forcefully of the catastrophe that is unfolding before our very eyes. We warned that the country was heading towards a humanitarian cliff edge. We warned that tens of millions of Afghans faced imminent starvation, including millions of children. We warned that the situation would ultimately deteriorate as the country heads into a freezing winter. The response from the Government has been sorely, sorely lacking.”
“They must form part of a unified and coherent response—one that has been urged consistently by the right hon. Member for New Forest East (Dr Lewis), the Chair of the Intelligence and Security Committee. If she truly wants to fix the problem, she must start there.”
“Where is the economic crime Bill that the Government have just pulled? Where is the comprehensive reform of Companies House? Where is the register of overseas entities Bill? Where is the foreign agent registration law? Where are the new counter-espionage laws? Where are the new rules on political donations? Where is the reform of tier 1 golden visas? Where is the replacement of the outdated Computer Misuse Act 1990? Where is the reform of the Electoral Commission, and why does the Government’s Elections Bill make these problems worse by enabling political donations from donors based overseas? The right hon. Lady’s movement on sanctions is welcome, but there is much, much more to do. These steps at home are not distinct from sanctions or diplomacy abroad.”
“London is the destination of choice for the world’s kleptocrats. We are home to the services and enablers who help corrupt elites to hide their ill-gotten wealth. We have a system of corporate transparency that permits the products of larceny on a grand scale to be hidden under our noses—and the result is the embarrassing spectacle of President Biden being warned that the widespread presence of suspect Russian money in the UK could jeopardise Britain’s response to this crisis. This is not a matter simply of individuals, welcome though that action is; it is about fixing a broken system—our openness to fraud and money laundering, our inadequate regulation of political donations, our lax mechanisms of corporate governance, and our weakness to foreign interference. I therefore ask the right hon. Lady the following questions.”
“These sanctions are conditional on Russia’s actions. Their purpose is to form a serious deterrent, which when matched by unified action and the work of the G7, NATO and the OSCE, will make President Putin think again. However, there is much more that we must do irrespective of the decisions made by President Putin—things that it should not have taken an army threatening Ukraine to put in place; things that the Opposition have repeatedly urged the Government to address. For years, the Labour party and colleagues across the House have raised the alarm about the role of dirty money in keeping Putin in power. For too long, our defences have been let down at home while the Government looked abroad. Despite warning after warning and report after report, the Government have been asleep at the wheel.”
“They must apply widely to crucial sectors of the Russian economy, without gaps or loopholes. They must target corrupt elites who store their money in our country. They must target not just relevant Russian entities, but those who enable, support, service or facilitate their activities. Can the Foreign Secretary confirm that UK subsidiaries of any new sanctioned targets would not be carved out of scope? We know that some oligarchs have used their wealth to seek influence and protect themselves from criticism, so may I ask for her assurance that these measures will be applied without fear or favour? Given that the measures were pre-briefed and include broad categories of potential targets, may I ask what assessment she has made of the risks of asset flight, and what steps she has taken to protect against it?”
“I thank the right hon. Lady for advance sight of her statement, and for our discussions on this issue. I am very grateful. As we in the Opposition have made clear since this crisis began, we stand in resolute support of Ukraine’s sovereignty and in opposition to Russian aggression. We support the essential international diplomatic efforts to achieve de-escalation and the defensive support provided to Ukraine. I said it in Kyiv two weeks ago, and I say it again now: we on these Benches believe that it is important to send a united message from the whole House. That is why we welcome moves by the Government to lay the groundwork for a robust and extensive package of sanctions against Russia in the event of any incursion or attack on Ukraine. We believe that these measures must be broad, severe and comprehensive.”
“As we stand here today, peace in Europe faces its greatest threat in decades. Our darkest moments in history have taught us that aggression must be challenged and bullies must be confronted. Putin’s imperialism must be met with our utmost strength and resolve. Twenty-eight years ago, Britain, America and Russia promised that if Ukraine gave up its nuclear weapons, its sovereignty would be assured. Putin has already run roughshod over that by annexing Crimea and backing separatists in the Donbas. Now he threatens Ukraine with full invasion. I ask the Secretary of State: at a time when arms control treaties have unravelled and non-proliferation efforts are under great strain, what message would it send to other countries in the world with nuclear ambitions, such as Iran, if those assurances to Ukraine were worth nothing?”
“We owe it to the people of Ukraine to send a simple and united message: we support their sovereign democratic right to choose their own destiny and we will stand with them in this struggle against Putin’s reckless aggression. And we should send a firm, unambiguous message to Putin that any aggression will come at a high price, so will the Secretary of State assure me that any Russian military incursion or attack will be met with a full package of sanctions, unprecedented in depth and severity, cutting Russia out of the global financial system, blocking rouble conversion, halting exports of semiconductors and finally clamping down on the oligarchs who hide their ill-gotten wealth in this capital city?”
“As a proud outward-looking country, we cannot turn our backs on ordinary Afghanis now. It is our moral imperative to act—and act swiftly—to help Afghanistan in its time of greatest need.”
“After the chaos of withdrawal, after Brits and Afghans were left behind, after slashing aid to Afghanistan just last year only to U-turn and restore it, and after the damning whistleblower revelations, the Minister will understand why there is a chronic lack of confidence in the House about the ministerial leadership of her Department. Will the UK convene an urgent pledging conference, as suggested by former Prime Minister Gordon Brown, to try to pressure the international community to meet the enormous need? What dialogue have the UK and other allies had with the Taliban—perhaps via the UN—over humanitarian access? Has the Minister met non-governmental organisations and civil society to discuss how the Government can better support their efforts? The need could not be more urgent; nor could the situation be more grave.”
“When you listen to those facts, Madam Deputy Speaker, you could be mistaken in believing that the situation in Afghanistan can get no worse and become no more perilous. Tragically, that would be misguided. With 97% of the Afghan population soon to be living below the poverty line, almost 23 million people are teetering on the edge of starvation. A further deterioration will have dire consequences for the people of Afghanistan and impact not the just the region but the UK, with more desperate people seeking sanctuary outside the country. We must ensure that our sanctions regime and our understandable desire to place pressure on the Taliban regime does not become an impediment to supporting the very people we seek to help. Whether we like it or not, some form of engagement is necessary if we are to support the people of Afghanistan.”
“I thank my hon. Friend the Member for Norwich South (Clive Lewis) for securing this hugely important urgent question. As we stand here today, the situation in Afghanistan is more perilous than ever. Since the withdrawal of British and NATO forces in August, the country has entered a catastrophic free fall. It is by no means an exaggeration to say that the country is hurtling towards a humanitarian cliff edge that places millions of Afghans, including millions of children, at risk of starvation. The facts are truly horrendous. More than 90% of the country’s health clinics and hospitals are without the funds that they need to stay open. Basic public services have been decimated, with teachers, doctors and nurses going unpaid.”
“Will she commit to a renewed effort to tackle that threat and finally implement the Russia report? Finally, may I ask for the Foreign Secretary’s assessment of developments in Kazakhstan, not least because we have seen reports of deaths in the past two hours? For too long, Kazakhstan’s Government have been unaccountable to its people. Does she agree that the people of Kazakhstan have the right to choose their own Government without interference or intimidation from their Government or from outside forces, and that it would be deeply troubling to see another example of Russian-backed forces overtly or covertly seeking to quell democratic movements in other independent countries, with scant regard for human rights?”
“Lady agree that Russia’s proposed treaties make unreasonable demands and are completely incompatible with the sovereignty of NATO allies and the independence of Ukraine? These developments remind us of the importance of security in our own backyard in Europe. What consultations has the Foreign Secretary had with European partners and with the European Union, which will be crucial to the strength of any sanctions regime and to ending dependence on Russian gas? The Foreign Secretary spoke about severe economic consequences for Russia should it act against Ukraine, but we all know that the ongoing role that the UK plays in international money laundering and illicit finance is important in that regard. For too long, our country has been a soft touch for corrupt elites that help to sustain the Putin regime.”
“It is right that this whole House should send a clear and unified message today that we fully support Ukraine’s sovereignty and territorial integrity, and that Russian action to further undermine this will be met with severe consequences. We must be crystal clear in our commitment to NATO and to the security of our allies. That commitment must be unshakeable. It is also right that we support dialogue to achieve de-escalation consistent with the security of our NATO allies and the integrity of Ukraine. We welcome the crucial ongoing diplomatic efforts from President Biden, Secretary General Stoltenberg and others. It is important that Ukraine is fully engaged in the diplomatic processes, and I understand that the Foreign Secretary has spoken to her counterpart. Has the Prime Minister spoken to President Zelensky? Does the right hon.”
“I thank the Secretary of State for her warm words as I take up this post. I am also grateful for advance sight of her statement and for the briefing that she has given me on Privy Council terms. Let me begin by saying that on this side of the House there is absolutely no doubt about the threat posed by the current Russian regime to our own national security and to that of our allies and other countries in the region. It is Russia’s actions that are driving this dangerous escalation of tensions. We face a moment of acute danger, with more than 100,000 troops massed on the border and alarming rhetoric and unreasonable demands emerging from the Kremlin. We know that Putin is not afraid to act to undermine Ukraine’s integrity, overtly or covertly. The situation remains fraught with risk.”
“Lastly, we must always make it clear that our disagreements with the Russian Government and its actions, and with Putin’s regime, are not with the Russian people, millions of whom want peace, stability and mutual respect with their own neighbours and with the west. Indeed, my own wife’s maternal grandmother and great-grandmother fled from Russia and the Bolsheviks, and my children have Russian blood running through their veins. We must promote continued dialogue, mutual respect and diplomatic engagement—hard-headed, clear-eyed, and rooted in a framework of international law and human rights. The alternatives are too dangerous to contemplate, for Russia and ourselves.”
“We must and should work to build a more consistent approach to Russia across Europe and reduce dependence on Russian gas, and that, of course, includes cancelling Nord Stream 2. Thirdly, we must strengthen our defences at home. More than 18 months after the Russia report was published, none of its recommendations has been fully implemented. Most damning is the fact that the Government have failed to get to grips with the role of the UK in money laundering and illicit finance, leaving our country a soft touch for corrupt elites that help to sustain the Putin regime. It is past time to get serious, and that is why Labour is creating a taskforce on illicit finance to make Britain a truly inhospitable place for dirty money and to address finally the problem robustly.”
“We have unique responsibilities, both as a member of the UN P5 and as the guarantor to agreements from the Budapest memorandum to the Dayton accords. The UK should give the highest priority to security in Europe and the north Atlantic. Instead, we have seen a decade of decline for Britain’s defence, with billions of pounds of waste and mismanagement, the number of tanks cut by a third and the Army cut to its smallest size in 300 years. That leadership should also mean rebuilding ties with our European partners, including in the European Union. Today’s debate puts into sharp relief the recent petty and unedifying diplomatic squabbles between the UK and French Governments. France is our closest defence partner in Europe. It is in all our interests for those relationships to be managed, conscious of the real global threats to all of us.”
“He will ruthlessly pursue its interests as he sees them, in zero-sum terms. We may hope that Russia under Putin changes, but we should not expect it to. In response, we must be strong, consistent and resolute—active at home and abroad on its challenge. First, that means being a dependable ally. We must be crystal clear in our commitment to NATO. That commitment must be unshakeable. We should collectively send clear and consistent messages to Russia about unacceptable behaviour and ensure that there are consequences, not rewards, for efforts to threaten or intimidate. Secondly, the UK must play a consistent and key leadership role in European security and defence. While Ministers are focused on the Indo-Pacific, these developments remind us about the importance of security in our own backyard in Europe.”
“Too often, efforts to engage Russia have been based on the belief that the Russian Government see the world as we do, or on the hope that they will do so in the future. If we are to interpret Russia’s intentions, respond to its behaviour and hope to deter aggression, we must be realistic about the worldview in the Kremlin. We should understand that the Putin regime feels threatened by NATO’s expansion and Ukraine’s democratic transition, however illegitimate we think those feelings are. It seeks a sphere of influence, whether we like it or not. It will try to enhance Europe’s energy dependence, so that it can manipulate those who might sanction its actions. It believes that domestic survival depends on total dominance of the political sphere, financial security, the elimination of opponents, and the fanning of nationalism and nostalgia.”
“It is a charge sheet that runs roughshod over international norms and Russia’s own commitments: targeting dissidents and critics abroad with the appalling and irresponsible use of chemical and radiological weapons; committing state-based cyber-attacks against public institutions and private companies in the UK and elsewhere; annexing Crimea and supporting separatist conflict in eastern Ukraine; invading Georgia and sustaining its breakaway entities; propping up the butcher Bashar al-Assad in Syria; sustaining the dictator Lukashenko in Belarus; fomenting dissent in the fragile Balkans; using private military companies to pursue national agendas from Libya to Mali; and overtly or covertly squashing democratic movements in neighbouring states, such as Kazakhstan potentially next.”
“It is right that the whole House sends a clear and united message today that we fully support Ukraine’s sovereignty and territorial integrity, and that Russian action to further undermine it will be met with severe consequences. It is also right that we support dialogue to achieve de-escalation consistent with the security of our NATO allies and the integrity of Ukraine. The Putin regime’s hostile actions go far beyond Ukraine. There is a much wider pattern of destabilising, threatening behaviour and overt hostile action.”
“It is the Russian regime that seeks to deny these states autonomy and independence; it is the Russian regime that has invaded its neighbours and annexed their territory; and it is the same Russian regime that seeks to veto the democratic aspirations and undermine the rights of people outside its own borders, in the way that it has done to Russian citizens within them. At present, Russia’s hostility is focused on Ukraine. We must be clear that we face a moment of acute danger, with over 100,000 troops massed on the border and alarming rhetoric and unreasonable demands emerging from the Kremlin. We know that Putin is not afraid to act to undermine Ukraine’s integrity, overtly or covertly.”
“To that end, the Russian Government push our boundaries and constantly test our resolve, threatening or using force, targeting dissidents abroad, spreading disinformation and seeking to take advantage of our open economies through illicit finance and corruption. There are some who believe, wrongly, that the provocation of Russia into an aggressive stance begins in the west, echoing Putin’s view that through the enlargement of the European Union and the expansion of NATO, Russia has somehow been cornered. The truth is that NATO and the European Union’s enlargement was not the west moving east, but the east looking west. These were free, sovereign states seeking a future of security, prosperity, co-operation and peace in a democratic Europe.”
“Christmas day marked 30 years since the dissolution of the Soviet Union. Since 1989, a new Europe has emerged from behind the iron curtain, with a reunited Germany at its heart and a swathe of newly free countries in central and eastern Europe. Many chose to join the European Union and NATO, or to act in partnership with them. Millions of Europeans have grown up with new liberties and new opportunities. But we need to be frank: in the eyes of President Putin, this liberation was an historic catastrophe. Putin wants to re-establish Russia’s status and influence, including dominance over the sovereign countries in its near abroad. He longs for parity of status with the United States and sees Russia as locked in an ongoing confrontation with the west.”
“I would like to start by thanking the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) for convening this debate, and Members on both sides of the House for their contributions. It has been one of the most satisfying and interesting debates that I have participated in, and frankly it could not have come at a more crucial time, given the events in Ukraine, Belarus and the Balkans, and in recent days in Kazakhstan. I want to be clear from the outset that on this side of the House there is no doubt about the threat posed by the current Russian regime to our national security and that of our allies. Britain must therefore demonstrate robust and consistent leadership and careful judgment, and we must be crystal clear about our commitment to ensuring security in Europe.”
“Does the Minister believe that this is part of a wider pattern of dangerous behaviour by Russia, with tensions raised in Ukraine, Belarus and Bosnia? Will she engage with the incoming German Government to discuss the cancellation of Nord Stream 2 in order to ensure that Russia is not able to increase Europe’s energy dependency or weaken our unity? As well as working with our allies, we must ensure that we are doing all we can at home to challenge the Russian Government’s behaviour. We know that the UK continues to be a soft touch for corrupt elites and the dirty money that helps sustain the Putin regime. More than 18 months after the Russia report was published, none of its recommendations has been fully implemented. Will the Minister commit to taking those steps?”
“I welcome the Minister’s comments. It is important at moments such as these that we send the united message from all sides of this House that the UK is resolute in our support for the sovereignty, the independence and the territorial integrity of Ukraine. Ukrainians want a democratic future; they want to choose their own path and their own political destiny. It is essential that, alongside our NATO allies, we make it crystal clear to the Russian Government that any attempt to further undermine Ukraine’s integrity will be met with a strong, consistent and resolute response. We welcome the diplomatic steps that have been taken already, and recognise the importance of the forthcoming dialogue between President Biden and President Putin. With that in mind, what reassurance are we providing to NATO allies in eastern Europe?”
“Thank you very much, Mr Speaker. The deaths of 27 people should have acted as a sobering moment for the British and French Governments. These were human beings, not migrants, but instead both Governments have engaged in a petty public spat. This incompetence is costing lives. How can the Government hope to maintain good relations around the world with a Prime Minister who is more interested in burning bridges than building them?”
“Three months ago, the Prime Minister promised to “shift heaven and earth” to help evacuate Afghans in danger, yet many have been left behind, including female judges, as I first raised on 16 August. The perception is that we have turned our back on those who champion the rule of law and democratic freedom, and who stand up to oppression. What impression does the Minister think this gives to our allies across the globe? When will the resettlement scheme actually be up and running?”
“On 5 October, the Secretary of State said it would take up to 12 months to get the backlog down to pre-pandemic levels. Yet we know now, according to the Ministry of Justice’s own analysis, that the backlog may not return to those levels until 2025. Just this morning, he said it could take up to eight years. Was he mistaken when he said it would only take a year, or has it taken him a little longer to get on top of the Department?”
“I am glad to see the Minister come to the aid of the Secretary of State, but he has not answered whether it is a year, eight years or 2025. The Secretary of State told Sky News today that he did not recognise that there was a workforce crisis in the criminal justice system. The Lord Chancellor has got to get real. The workforce is beyond crisis: it is in end times. Criminal solicitors and barristers are leaving in droves, cases are up right across the country, they are stalled right across the country and nobody is available to take them. The Criminal Bar Association is threatening to strike. How does the Lord Chancellor expect to reduce the backlog if there is no one available to take on the cases? Holiday time is over. It is time to act, or let the system collapse.”
“Then again, so was not clobbering ordinary people with tax rises. What the Bill says about the Government’s priorities is that they are more concerned with constitutional vandalism than with fixing the mess they have made of the justice system.”
“Friend the Member for Kingston upon Hull East (Karl Turner), who does so much to advance the case for legal aid. To govern is to choose, and all Governments must choose what they will prioritise. No Government can do everything at once—not even this Government—and the Bill could not be a clearer indication of what they have chosen to prioritise and what they choose to ignore. As we come to debate the Bill, the justice system is at breaking point with more than 60,000 Crown court cases delayed, victims dropping out of the process due to waiting years for their case to go to court, and women up and down the country rapidly losing confidence in the criminal justice system. Yet here we are debating judicial review. Government Members might say that this is a manifesto commitment.”
“I begin by congratulating the right hon. Member for Esher and Walton (Dominic Raab) on his promotion to the office of Lord Chancellor and Secretary of State for Justice. I look forward very much to working with him and going toe to toe on the important issues of the day. I put on record how grateful I was for the manner in which his predecessor, the right hon. and learned Member for South Swindon (Robert Buckland), pursued his role. We were able to have very good Privy Council discussions on important issues relating to the justice system during the pandemic. I wanted to put that on record. Hon. Members may have seen that I am joined by my hon. Friend the Member for Hammersmith (Andy Slaughter), who returns to the Front Bench to assist the Opposition in all matters legal. I pay tribute to him and to my hon.”
“There is no legitimate need to meddle with judicial review, least of all when there are so many other pressing issues to deal with. What message does it send to the victims of serious crime in a time of crisis that the Government’s first objective is to weaken quashing orders —one of the tools available when a court finds that a public body or the Government have acted unlawfully?”
“According to the devolved settlement, that must be the case. Perhaps the Secretary of State or the Minister will address that. “Judicial review is a cornerstone of British democracy. It empowers everyday people to challenge decisions made by public bodies. Whether it be central government or local authorities, rule makers are held accountable by ordinary people. This is a small, but important, check on the balance of powers in our democracy.” Those are not my words but the words of the right hon. Member for Haltemprice and Howden (Mr Davis), who I see in his place. He has described the reforms as “un-Conservative” and “an obvious attempt to avoid accountability.” I will let that hang in the air of the House of Commons.”
“Member for Haltemprice and Howden certainly seems to think so, when he argues that the Bill is simply a way for them to dodge being held accountable. We all know that the ability of members of the public to challenge public bodies is vital to maintain a country built on good governance.”
“Had a prospective-only order been made, they would have been left out of pocket, despite the fees being ruled unlawful. How can that possibly be right? What would be the point of bringing a claim for judicial review, if people knew before they even started that they would be no better off? What is the purpose of judicial review if it cannot hold public bodies rightfully to account? That is just the tip of the iceberg. As more people are left without the redress they deserve, many more will be put off bringing their own claim, even if those were perfectly valid. As a result, unlawful decisions made by the Government—by any Government, of any colour or stripe—or a public body will go unchallenged. Perhaps, however, that is what the Government want, and the right hon.”
“The effect of that would be for courts to have less power to provide redress or to compensate those affected by past uses of the unlawful decision. On the face of it, that might seem to be quite a small change to judicial review, but the effects would be profound and chilling. The Government’s own consultation paper even conceded that a prospective-only quashing order would “impose injustice and unfairness on those who have reasonably relied on its validity in the past.” Let us look at how that would work in practice. When the Supreme Court quashed the employment tribunal fees in 2017, the effect of its declaration was that fees were identified as being unlawful from the start. Thousands of workers unlawfully denied access to justice therefore had their tribunal fees refunded.”
“My hon. Friend rightly raises the Hillsborough families, and she knows that, just like the Grenfell families, they have relied on judicial review. She raises that in relation to legal aid and will know that I have made such a commitment at the Dispatch Box. We will wait to see whether the Government will meet us with that important pledge on behalf of any individual facing tragedies of that sort. The Bill seeks to make profound changes to how quashing orders work and, crucially, to what redress victims of unlawful decisions can receive from the courts. Clause 1 creates new powers for courts to remove or limit the retrospective effect of a quashing order. It will also create a presumption that a judge issuing a quashing order should make it suspended or prospective only.”
“The hon. and learned Lady’s point has so much merit. No Governments enjoy judicial review, but the point when in government is to be bigger than that. I say to the Secretary of State that this is his opportunity to be big.”
“The threat of judicial review is a powerful tool to encourage decision makers to make decisions well and fairly. If the power of quashing orders were to be neutered in the way clause 1 seeks, not only would that leave victims of unlawful decisions without the remedy they deserve, but it would reduce the motivation for public bodies to take care when making decisions. I agree with the Law Society of England and Wales when it says that that would have a truly chilling effect on justice in this country and we must question why the Government are even considering the changes in clause 1. Those changes go far beyond what was recommended by the Government’s own independent review of administrative law. The review made no recommendation that quashing orders should be prospective only. It specifically recommended against that type of presumption.”
“I have not reflected on that statement very much. I was reminded recently of the importance of judicial review by the infamous “Judge over your shoulder” leaflet, which has been published since 1987 to remind civil servants of the importance of sound decision making. The leaflet advises civil servants of the importance of good governance and of making decisions effectively and fairly to avoid those decisions being found unlawful. It recognises that administrative law and, in this case, judicial review played an important part in securing good administration by providing a powerful method of ensuring that the improper exercise of power can be checked. Frankly, that is why having effective judicial remedies is so important to maintain good governance.”
“During the review of administrative law that the Government set up and the consultation stage, the Immigration Law Practitioners Association provided the panel with 57 case studies of when Cart judicial review has been used to put right an incorrect decision made by the upper tribunal. Those case studies included parents’ applications to be reunited with their children, a child’s application to remain in the UK to receive lifesaving treatment, the asylum claim of a victim of human trafficking and female genital mutilation, and many other deportation and asylum decisions where, if deported, individuals faced persecution or their lives would be at risk.”
“Is it really, as they suggest, to provide courts with greater flexibility, or is it simply to insulate the Government from being held to account, and to weaken the power of claimants to seek compensation? Clause 2 seeks to abolish Cart-type judicial reviews. For Members who may not be familiar with what those are, Cart judicial reviews allow individuals to ask the High Court to review decisions made by the upper tribunal to refuse a right of appeal. The vast majority of Cart reviews are sought by those who find themselves in horrendously desperate situations and they invoke some of our most fundamental human rights, including in some cases the difference between life and death.”
“The hon. Lady is absolutely right. That ought to be a principle across the House, not a party political issue. To return to the review of administrative law that the Government set up, in their consultation response, the Government acknowledge that presumptions were not recommended by the review panel, and they were generally met with scepticism from respondents to the consultation. Indeed, it is not even certain whether prospective-only remedies would withstand a challenge before the European Court of Human Rights for failure to provide an effective remedy. Given the Government’s own panel of experts, and the sector, are opposed to that change, and given the harmful effect that it would have on victims of unlawful decisions, as well as on governmental decision making, we must ask why the Government are keen to make this change.”
“We know now that that figure was based on wholly inaccurate data. Even the Government now accept that the success rate is likely to be at least 15 times as high as previously thought. It is indefensible for the Government to base decisions that could make the difference between life and death on evidence that is so hopelessly flawed.”