Cutting judicial reviews is exactly the wrong thing to do

There's a reason judicial reviews are on the rise.

In an address to the CBI today Cameron vowed to cut "time-wasting" caused by the "massive growth industry" in judicial reviews. He wants fewer reviews, specifically for those challenging planning, and he wants to shorten the limitation period for bringing a review. This is all in aid of a new "growth cabinet" - cutting "red tape" and "bureaucratic rubbish" and "trying to speed decision making".
 
But are judicial reviews actually a waste of time? At the moment, a judicial review is one of the only ways by which the courts can scrutinise the decisions of public bodies. Legal Aid is available for it - prisoners, for example, can bring judicial reviews against decisions of the parole board. 
 
One of the key points in Cameron's idea is cutting the length of time you have to bring your claim. At the moment this is 3 months, which is the second shortest behind bringing an appeal against the decision of a Magistrate's Court to the Crown Court. Cutting it further would mean that many cases would get thrown out regardless of their merits.
 
So there are the cons - disempowering people who didn't have much power in the first place, and increasing opportunities for public bodies to overstep the mark, unchallenged. What of the pros? Cameron argues that the judicial review industry is growing, holding up progress and costing money.
 
Judicial review is indeed on the rise, but this is down to the growth of government, a better understanding of access to legal services, and a realisation that the courts are fairly good at calling public bodies out when they act unreasonably or outside their powers. And as has been pointed out, the goverment are also doing their fair share of holding up infrastructure projects, such the development of green energy and a hub airport in south east England. Overhauling the judicial review process is also unlikely to be cost free.
According to one barrister, the real reason for delays in processing appeals is because of Cameron's cuts to Courts and Tribunals Services. "If Cameron wants the JR process to take less time he should open some more courts and appoint some more staff" he said.
 
David Cameron. Photograph: Getty Images

Martha Gill writes the weekly Irrational Animals column. You can follow her on Twitter here: @Martha_Gill.

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Watch Ian Paisley Jr thank Martin McGuinness for partnership that "saved lives"

The son of Ian Paisley said he "humbly" thanked the man who was both his father's enemy, and then friend. 

Northern Irish politics started 2017 at a low point. The First Minister, the Democratic Unionist Arlene Foster, is embroiled in scandal - so much so that her deputy, Sinn Féin's Martin McGuinness, resigned. Then McGuinness confirmed speculation that he was suffering from a serious illness, and would be resigning from frontline politics altogether. 

But as Ian Paisley Jr, the son of the Democratic Unionist founder Ian Paisley and a DUP politician himself, made clear, it is still possible to rise above the fray.

Paisley Sr, a firebrand Protestant preacher, opposed the Good Friday Agreement, but subsequently worked in partnership with his old nemesis, McGuinness, who himself was a former member of the IRA. Amazingly, they got on so well they were nicknamed "The Chuckle Brothers". When Paisley Sr died, McGuinness wrote that he had "lost a friend".

Speaking after McGuinness announced his retirement, Paisley Jr wished him good health, and then continued: 

"The second thing I'm going to say is thank you. I think it's important that we actually do reflect on the fact we would not be where we are in Northern Ireland in terms of having stability, peace and the opportunity to rebuild our country, if it hadn't been for the work he did put in, especially with my father at the beginning of this long journey.

"And I'm going to acknowledge the fact perhaps if we got back to some of that foundation work of building a proper relationship and recognising what partnership actually means, then we can get out of the mess we're currently in."

Questioned on whether other unionists "dont really get it", Paisley Jr retorted that it was time to move on: "Can we please get over that. Everyone out there has got over it. We as the political leaders have to demonstrate by our actions, by our words, and by our talk that we're over that."

He said he was thanking McGuinness "humbly" in recognition of "the remarkable journey" he had been on. The partnership government had "not only saved lives, but has made lives of countless people in Northern Ireland better", he said. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.