Tag Archives: Criminal Justice and Courts Bill

Judicial Review: Parliamentary Ping Pong delayed until New Year

It had been originally thought that the House of Commons would debate the Lords amendments to the Criminal Justice and Courts Bill yesterday.

This has now been delayed, probably until the New Year, indicating that there may be some chance of a Government compromise on the points of dispute.

The Lords have now voted twice to give judges some discretion about letting cases proceed even if they fail the “highly likely” test. The Government hasn’t yet given way on this one but you would hope that they would accept Lord Pannick’s amendment passed last week which would allow cases to proceed if it was in the public interest for them to do so.

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Lib Dem Lawyers on Judicial Review

House of Commons at NightThe Criminal Justice and Courts Bill is returning to the Commons today after being ‘batted’ back in ping-pong proceedings between Lords and Commons.

Lib Dem peers working with the crossbenchers are refusing to approve two measures:

1) The Government’s Secure College plans for under 15s.
The Lib Dem Lawyers Association are not the experts in this field, but are concerned that MPs should consider all the risks and issues raised by leading experts. The Lords amendment would exclude under 15s from the Secure College until such time as Parliament agrees that it is safe to send them there.

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Dear Liberal Democrat MPs: Judicial Review restrictions are a messy compromise too far.

Dear Liberal Democrat MPs,

Tomorrow you will be asked for the second time amendments which the House of Lords has made to the Criminal Justice and Courts Bill. The Government wants you to severely restrict the right of citizens and organisations to use Judicial Review to examine its decisions and those of local authorities. This interferes with a key check on government power.

I don’t think any of you would have come up with this idea on your own. The Liberal Democrats are there to challenge entrenched power and vested interests, after all. This measure is one of those “messy compromises” of coalition.

Anyone who has ever been in any sort of relationship, business or personal, will know you don’t get things your own way the whole time. You have to do things you would rather not do. However, there have been a number of times when we have accepted Conservative measures and had to revise our support for them after they became law because the evidence showed that they were the wrong thing to do.

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24 Lib Dem peers “rebel” as Lords reject government’s judicial review proposals

The Guardian reports:

A rebellion in the House of Lords has inflicted a second defeat on the government’s plans to restrict access to judicial review challenges.

The vote by 274 to 205 means that for a second time peers have rejected keys proposals in the criminal justice and courts bill. It will restore to judges their discretion in handling such cases.

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A day for Liberal Democrats to speak out for Justice?

It’s not a comfortable day to be a Liberal Democrat today.

The House of Lords is debating the Criminal Justice and Courts Bill. Will it overturn the Commons’ rejection of its amendment protecting the right to Judicial Review? Jonathan Marks wrote of his concerns about this provision earlier this year. When it was last discussed, 17 Liberal Democrats supported the rebel amendment and 43 supported the Government position. You have to ask serious questions when even Lord Carlile thinks the Government is going too far.

It was a Judicial Review that ruled the appalling Prisoner Book ban unlawful last week. The state has more than enough power and screws things up, or at the very least pushes the boundaries all the time. It is vital that citizens have the chance to challenge government decisions in the courts. It’s a vital check on power that should not be being mucked around with.

How can citizens take the government on if the government throws all the tools at their disposal in the bin?

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Jonathan Marks writes: Criminal Justice and Courts Bill comes to the Lords  

JusticeThe Lib Dems should be proud that under the Coalition Government crime is falling and fast – in 2013 there was a drop in offences overall of 15%, including a drop in violent crime of 12%, continuing a trend that has been continuous for more than five years.  Crime is now at its lowest level for more than 30 years.

This Bill marks the Coalition Government’s commitment to keep the pressure on to drive down crime.  There is much in it that is good.

The Lib Dems have led the way on a number of key issues. The hard work of Paul Burstow, and Lib Dem Care Minister Norman Lamb, has ensured that wilful neglect by care workers will become a new offence. This is a vital step to ensuring that some of the horrific treatment of patients and those in care that we saw at Mid-Staffordshire Hospital and the Winterbourne Care Home never happens again.

Thanks to the Lib Dems the Bill also makes progress in tackling police corruption by ensuring that police officers have special powers and responsibilities and they must not abuse them corruptly or improperly.

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