Bar Council says there is “no evidence” for Lord Chancellor’s claim that courts are overreaching  

The Bar Council, which represents all barristers in England and Wales, has responded to the Government’s consultation on its response to the recommendations made by the Independent Review of Administrative Law.

  • The Bar Council refutes the Lord Chancellor’s claim in the foreword that there is a “growing tendency” for judicial overreach. Evidence for this sentiment is found nowhere in the Panel’s report. (Executive summary, first bullet point)
  • The Bar Council rejects the Government’s additional proposals for reform which lie behind Qs 4 to 7. The IRAL report provides no basis for them. The analysis contained in the Government response is “wholly deficient” as a basis for the extensive law reform programme outlined. (Executive summary, seventh bullet point)
  • Unforeseen consequences would be inevitable and extensive litigation to work out practical effects would be required. (Para 38)
  • The Bar Council is “very concerned” that the Government is rushing this consultation. Six weeks is “wholly inappropriate” as a timeframe to fully consider these proposals, particularly that go beyond measures recommended by the IRAL. (Executive summary, second bullet point)
  • Further consultation on any proposals with an appropriate amount of time to consider them is needed. A thorough consideration by the Law Commission would be appropriate. (Para 38)
  • The consultation’s approach to statutory instruments is “unacceptable”. (Executive summary, ninth bullet point)

 Read the full response here. Please contact me with any queries. Quotes available on request.

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