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.

Twitter/@suttonnick
Show Hide image

From "cockroaches" to campaigns: how the UK press u-turned on the refugee crisis

Harrowing photos of a drowned toddler washed up on a Turkish beach have made the front pages – and changed the attitude of Britain's newspapers.

Contains distressing images.

The UK press has united in urging the government to soften its stance on the record numbers of people migrating to Europe. The reason? A series of distressing photos of the body of a three-year-old Syrian boy, face down in the sand on the Turkish coast.

Most papers decided to run one or more of these pictures on their front pages, accompanying headlines entreating David Cameron to take notice. While your mole wholeheartedly supports this message, it can't help noticing the sudden u-turn executed by certain newspapers on the subject of the refugee crisis.

First, they used to call them "foreigners" and "migrants" (a term that has rapidly lost its neutrality in the reporting of the crisis) who were flooding Europe and on the way to "swarm" the UK. Now they've discovered that these people are victims and refugees who need saving.


 

Photos: Twitter/suttonnick


The Sun went so far as to run a column by Katie Hopkins five months ago in which she referred to them as "cockroaches" and "feral humans". She wrote:

Show me pictures of coffins, show me bodies floating in water, play violins and show me skinny people looking sad. I still don't care. Because in the next minute you'll show me pictures of aggressive young men at Calais, spreading like norovirus on a cruise ship. Make no mistake, these migrants are like cockroaches.

Photo: Twitter

Now the same paper is urging the government not to "flinch" from taking in "desperate people", those in a "life-and-death struggle not of their own making":

Photo: Twitter/@Yorkskillerby


And the Daily Mail still seems confused:

 

It's not really the time for media navel-gazing, but perhaps the papers that have only just realised the refugees' plight can look closer at the language they've been using. It may have contributed to the "dehumanising" effect for which Cameron and co are now being condemned.

I'm a mole, innit.