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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Theresa May knows she's talking nonsense - here's why she's doing it

The Prime Minister's argument increases the sense that this is a time to "lend" - in her words - the Tories your vote.

Good morning.  Angela Merkel and Theresa May are more similar politicians than people think, and that holds true for Brexit too. The German Chancellor gave a speech yesterday, and the message: Brexit means Brexit.

Of course, the emphasis is slightly different. When May says it, it's about reassuring the Brexit elite in SW1 that she isn't going to backslide, and anxious Remainers and soft Brexiteers in the country that it will work out okay in the end.

When Merkel says it, she's setting out what the EU wants and the reality of third country status outside the European Union.  She's also, as with May, tilting to her own party and public opinion in Germany, which thinks that the UK was an awkward partner in the EU and is being even more awkward in the manner of its leaving.

It's a measure of how poor the debate both during the referendum and its aftermath is that Merkel's bland statement of reality - "A third-party state - and that's what Britain will be - can't and won't be able to have the same rights, let alone a better position than a member of the European Union" - feels newsworthy.

In the short term, all this helps Theresa May. Her response - delivered to a carefully-selected audience of Leeds factory workers, the better to avoid awkward questions - that the EU is "ganging up" on Britain is ludicrous if you think about it. A bloc of nations acting in their own interest against their smaller partners - colour me surprised!

But in terms of what May wants out of this election - a massive majority that gives her carte blanche to implement her agenda and puts Labour out of contention for at least a decade - it's a great message. It increases the sense that this is a time to "lend" - in May's words - the Tories your vote. You may be unhappy about the referendum result, you may usually vote Labour - but on this occasion, what's needed is a one-off Tory vote to make Brexit a success.

May's message is silly if you pay any attention to how the EU works or indeed to the internal politics of the EU27. That doesn't mean it won't be effective.

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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