15th Report - The Process of Constitutional Change

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government agrees with the Committee on one point about leapfrog appeals but maintains its position on the judicial review reforms in clauses 70 and 73 to 76, disagreeing that they risk the rule of law or limit access to justice.

• On leapfrog appeals, the Government agrees with the Committee's alternative suggestion that it is "appropriate to leave such matters to the judiciary", so clauses 54 to 57 do not require the parties' views to be sought.
• It will invite the Civil Procedure Rule Committee to consider what provision might be appropriate in Rules, and says it would be wrong to pre-empt that consideration.
• On clause 70, the Government says "highly likely" is still a high threshold and does not agree that the clause results in a significant risk that substantially unlawful action will go unremedied.
• On interveners and costs capping orders, it does not consider that clauses 73 to 76 limit access to justice, and says it is "looking seriously" at how to help interveners consider cost implications.

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