Recommendation 5

We are concerned by the Government’s indication that the ouster clause designed to reverse Cart will be replicated in other legislation. The extensive use of ouster clauses will diminish the ability of judicial review to challenge executive action and expose unlawfulness. This has the potential to undermine the rule of law, which is essential for the protection and enforcement of human rights. (Paragraph 48) Legislative Scrutiny: Judicial review and Courts Bill 23 Declarations of interest Lord Brabazon of Tara • No relevant interests to declare Lord Dubs • No relevant interests to declare Lord Henley • No relevant interests to declare Baroness Ludford • No relevant interests to declare Baroness Massey of Darwen • No relevant interests to declare Lord Singh of Wimbledon • No relevant interests to declare 24 Legislative Scrutiny: Judicial review and Courts Bill