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HANSARDJudicial Review and Courts BillLook at subsection (6).24 Feb 2022HANSARDJudicial Review and Courts BillI will come to this point because these are two sides of the same coin. The short answer to the noble and learned Lord’s point is that it would be almost incomprehensible that a…21 Feb 2022HANSARDJudicial Review and Courts BillIf the noble and learned Lord will forgive me, I will come to precisely that point later in my speech, because it arises under the amendment put down by the noble Lord, Lord…21 Feb 2022HANSARDJudicial Review and Courts BillI am grateful to the noble Lord. I was going to come to interests of justice slightly later, but let me take the point now. I do not want to drift into the presumption, but these…21 Feb 2022HANSARDJudicial Review and Courts BillMy Lords, the previous two contributors to the debate noted that they spoke on these matters with some trepidation. In responding to the amendments in this group, I declare a…21 Feb 2022HANSARDJudicial Review and Courts BillWe all know that judicial reviews have to be brought within three months of the act. Therefore, I suggest to the noble and learned Lord that it is highly unlikely that one will…21 Feb 2022HANSARDJudicial Review and Courts BillYes and no, in the sense that this gets us into the argument about the presumption, because the presumption applies to only these two remedies. To that extent, the point made by…21 Feb 2022HANSARDJudicial Review and Courts BillThat the House do now resolve itself into Committee.21 Feb 2022HANSARDJudicial Review and Courts BillMy Lords, I will respond to the amendments in this group in grouping order. I start by making a point about the list of factors. The purpose of the list of factors in subsection…21 Feb 2022HANSARDJudicial Review and Courts BillMy Lords, I beg to move.21 Feb 2022HANSARDJudicial Review and Courts BillThe Government’s position is that the presumption will enable the case law to develop more quickly, perhaps, than it might otherwise do, because in each case the court will…21 Feb 2022HANSARDJudicial Review and Courts BillMy Lords, I begin by responding to the noble Lord, Lord Pannick, to whom I am grateful for his characteristically kind words and his tender concern that I am replying to these…21 Feb 2022HANSARDJudicial Review and Courts BillThere are two parts of the answer to that. First, there are, as I said earlier, many judicial reviews in which it is not “the Government” in the way that the phrase “the…21 Feb 2022HANSARDJudicial Review and Courts BillWith respect, no. The noble Baroness is looking at this in a very negative way. The whole point about the music copyright case was that the prospective-only remedy was there to…21 Feb 2022HANSARDJudicial Review and Courts BillI would not say that it is “just” about remedies; as this debate shows, remedies are very important. But I do not think that Mr Justice Green, in the music copyright case, felt…21 Feb 2022HANSARDJudicial Review and Courts BillI know that my right honourable friend the Prime Minister is still recovering from my absence from the dinner, but I am sure he will provide the usual entertainment and speech…21 Feb 2022HANSARDJudicial Review and Courts BillI think I replied to that point in the previous group. The interests of justice test is subsumed here because you can use these remedies only where there is no good reason not to…21 Feb 2022HANSARDJudicial Review and Courts BillThe position would still be that proper case management can deal with all of this. The point that the noble and learned Lord makes is no different from the proposition that could…21 Feb 2022HANSARDJudicial Review and Courts BillFirst, they may not apply at all, because there may, in a particular case, not be any person who would benefit from, or has relied on, the quashing. Secondly, the court must have…21 Feb 2022HANSARDJudicial Review and Courts BillMy Lords, I will begin by addressing the clause as a whole before dealing with specific amendments, as a number of Members of the Committee have indicated that they believe the…21 Feb 2022