Evidence submitted by the Law Reform Committee
of the Bar Council (AIA 27B)
There is one provision in this Bill which is of overriding
significance. Clause 10 of the Bill seeks to oust the jurisdiction
of the Courts, preventing any review of decisions by the proposed
new Tribunal.
This proposal is wholly repugnant. If passed
into law it would threaten the integrity of our legal system and
compromise the role of our Judiciary. It would set a frightening
precedent, encouraging the Executive to oust the jurisdiction
to review Government or official actions in other areas.
I am sure you and your colleagues are aware
that Judicial Review does not mean that Judges substitute their
own views for those of Tribunals or officials. Judicial Review
is much more limited. It means that decisions can be overturned
only where they are irrational, unlawful, or made beyond the powers
of the Tribunal or official concerned. However it is dressed up,
the attempt to oust this jurisdiction represents an attempt to
protect irrational or unlawful decisions, or decisions made beyond
the legal power of the decider.
This is of such overwhelming importance that
I hope you will forgive me writing to you in this way, to emphasise
the point. The legal profession is united in its opposition to
the Clause. It is an open invitation to abuse of Executive power.
It is for that reason I will be in attendance on Tuesday next.
Stephen Irwin QC
Chairman
The Bar Council of England and Wales
16 January 2004
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