Independent Review of Administrative Law

Potential changes to judicial review, the process which allows for a vital check on the legality of Government decision making, have been opposed by the Bar Council of Northern Ireland.

The Independent Review of Administrative Law, set up by the UK Government with a Panel led by Lord Faulks QC, has issued a call for evidence which asks Government Departments if judicial review “seriously impedes the proper and effective discharge of their functions”.

The Bar’s evidence to the Review Panel described the entire premise of the review and the suggestion that certain subjects could be removed from the scope of judicial scrutiny as an “alarming prospect”.

Chair of the Bar Council Bernard Brady QC said: “The separation of powers and the rule of law as fundamental constitutional principles are central to this Review; judicial review and the values upheld by it sit within the very foundations of the UK constitution. Therefore any effort to curtail judicial review in the manner suggested by the Review is very concerning as it potentially alters this constitutional balance by seeking to reduce the power of the court and, correspondingly, increase the power of the executive”.

“Any move towards restricting the recourse of citizens to the courts by way of legislation is deeply concerning and runs contrary to the fundamental principles of a healthy democracy where the judiciary performs a crucial checking mechanism for the validity of the laws enacted by Parliament. The Bar Council echoes the recent sentiments of Lord Kerr in that ‘the last thing we want is for Government to have access to unbridled power’”.

Furthermore, the Bar Council also expressed surprise at the Review’s failure to properly consider the potential impact of any changes on the devolved nations of the UK, particularly Northern Ireland, where any reforms could be “seriously detrimental to the public interest given our unique circumstances and constitutional arrangements as a post-conflict society”.

Read the Bar’s submission to the Review Panel in full.