The government is trying to reshape our justice system. Photo: Flickr/Bill Tyne
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Sabotaging judicial review is one of this government's most vicious acts

Removing the right for the individual to seek legal remedy for unlawful behaviour of the state – one of the coalition’s worst moments?

The coalition government is guilty of many crimes since its creation in 2010. But by steamrollering through changes to judicial review, they are seeking to insulate themselves from challenge, and restrict the ability of the British people to hold to account future governments that break the law.  

Ministers are often defendants to applications for judicial review, precisely why they do not like it. But such applications are not brought lightly, and, crucially, have to pass an initial test of securing the court’s permission to proceed to a hearing. Very often the mere lodging of an application will produce a rethink by the decision making body leading to the correction of any flaw in the process. Equally, other interested parties can seek the court’s permission to intervene in the case to offer expert opinion in support of one or other of the parties. Many cases are resolved without a full hearing. 

But this isn’t good enough for the present government, now engaged in seeking to reverse the substantial defeats it sustained in three votes in the House of Lords on amendments which sought to preserve judicial discretion in determining applications on a range of issues.

The fettering of judicial discretion has been a recurring feature of the government’s numerous attempts to reshape our justice system, a curious way of building up to the celebrations of the 800th anniversary of Magna Carta next year. It proved unacceptable to peers across the chamber, pitifully few of whom spoke in support of the government.

The proposals have attracted trenchant criticism from, among other eminent lawyers, the President of the Supreme Court, Lord Neuberger, the Master of the Rolls, Lord Dyson, the former Lord Chief Justice, Lord Woolf, and the Joint Committee on Human Rights, the Constitution Committee and the Delegated Powers and Regulatory Reform Committee. Characteristically, the Lord Chancellor is determined to reverse the decision of the Lords, albeit with some minor unsatisfactory changes in relation to interveners.

The House of Lords is traditionally, and reasonably, reluctant to challenge the elected chamber, but where the rights of the citizen are concerned, and where the government can be seen to legislate to immunise itself against legal challenge, there is an overwhelming case for it to do so. 

Given the political arithmetic of the second chamber, much will depend on the Liberal Democrats, who have long, and with some justification, proclaimed themselves to be supporters of civil liberties and accountable government. Several spoke and voted in favour of the amendments passed by the Lords.

It falls to them and their colleagues in the House of Commons to redeem their party’s reputation by joining crossbench and Labour peers, and hopefully some Conservatives, in rejecting the government’s amendments to the Bill, which, for the record was never part of the coalition agreement.

Shadow justice minister Andy Slaughter MP and Labour justice spokesperson in the Lords Jeremy Beecham

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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

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Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.