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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Why the Tories' falling poll lead is believable

Jeremy Corbyn has fought a good campaign, while Theresa May's has been a series of duff notes.

Taxi for Theresa May? The first poll since the Manchester bombing is out and it makes for grim reading in CCHQ.

The numbers that matter: the Conservatives are on 43%, Labour on 38%, the Liberal Democrats are on 10%, while Ukip are way down on 4%. On a uniform swing, far from strengthening her hand, the PM would be back in office with a majority of just two.

Frankly a PM who has left so many big hitters in her own party out in the cold is not going to last very long if that result is borne out on 8 June. But is it right?

The usual caveats apply - it's just one poll, you'd expect Labour to underperform its poll rating at this point, a danger that is heightened because much of the party's surge is from previous non-voters who are now saying they will vote for Jeremy Corbyn. There's a but coming, and it's a big one: the numbers make a lot of sense.

Jeremy Corbyn has fought a good campaign and he's unveiled a series of crowd-pleasing policies. The photographs and clips of him on the campaign trail look good and the party's messaging has been well-honed for television and radio. And that's being seen in the Labour leader's popularity ratings, which have risen throughout the campaign.

Theresa May's campaign, however, has been a series of duff notes that could have been almost designed to scare off voters. There was the biggie that was the social care blunder, of course. But don't underestimate the impact that May's very public support for bringing back fox-hunting had on socially liberal Conservative considerers, or the impact that going soft on banning the sale of ivory has in a nation of animal-lovers. Her biography and style might make her more appealing to floating voters than David Cameron's did, but she has none of his instinctive sense of what it is that people dislike about the Tory party - and as a result much of her message has been a series of signals to floating voters that the Tory party isn't for them.

Add that to the fact that wages are falling - no governing party has ever increased its strength in the Commons in a year when that has been the case - and the deterioration of the public realm, and the question becomes: why wouldn't Labour be pulling into contention?

At the start of the campaign, the Conservatives thought that they had two insurance policies: the first was Jeremy Corbyn, and the second was May's purple firewall: the padding of her lead with voters who backed Ukip in 2015 but supported the Conservatives in the local elections. You wouldn't bet that the first of those policies hadn't been mis-sold at this point. Much now hinges on the viability of the second.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

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