Who says the Tories’ anti-democratic changes to Parliament are legal? We need a judicial review

Theresa May (left) with Arlene Foster, the leader of the DUP. These two think they have stitched up democracy; let’s see what the courts think of that [Image: Carl Court/Getty Images].

Let’s have a judicial review on the minority Tory government’s decisions to give itself the power to alter primary legislation without votes in Parliament, and to stuff public bill committees with Conservatives in order to control the debates.

Remember when the Jobseekers (Back to Work Schemes) Act 2013, which retrospectively legalised the Tory/Liberal Democrat Coalition’s actions in forcing benefit claimants to do unpaid work, was ruled illegal after a judicial review?

That legislation had been passed after the rules forcing claimants to stack shelves for companies like Poundland had been ruled inadmissible by a previous judicial review.

There are other examples of judicial reviews showing up Tory legislation as failing to meet the required standard.

So why not examine the European Union (Withdrawal) Bill in the same way, if it is passed into law? How about examining the vote on committee membership now?

It seems to This Writer that any decision by Parliament to disregard the democratic will of the people by granting one political party over-representation on public bill committees must be wrong in law.

And a decision to allow ministers to change primary legislation – laws that had to be voted onto the statute book by MPs – using statutory instruments must also be in breach.

Let a judge decide.

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  1. marcusdemowbray September 13, 2017 at 12:48 pm - Reply

    I fully agree, but what can we the public do about it?

  2. Roland Laycock September 13, 2017 at 1:13 pm - Reply

    Whats the use of a judicial review when the system is run by the tories

    • Mike Sivier September 14, 2017 at 11:03 am - Reply

      The courts aren’t, and judges adhere to the law.
      You are aware that the Tories have lost plenty of court cases over the last seven years?

  3. Bob Archer September 13, 2017 at 3:30 pm - Reply

    Please stop posting pictures of the ugly sisters. It makes me sick to think of the depths to which we have sunk under the tories. people who take food out of babys mouths and dismiss the deaths of the disabled, are bereft of any feeling whatsoever, and should be put out of their misery. How about the front line in Syria or Iraq. Thats where they belong.

    • Mike Sivier September 14, 2017 at 10:54 am - Reply

      Tell you what: I’ll stop posting pictures of them when they stop bothering the UK political scene.
      So it’s really a matter for the public to take up – and get rid of them.

  4. Barry Davies September 13, 2017 at 4:46 pm - Reply

    Most of the eu legislation, that is being transposed into uk law by the repeal bill, so that it can be removed if it no longer applies, like when we leave the eu, was decided upon by an unelected committee in Brussels, largely with no scrutiny by the advisory body the elected parliament, which waves through vast swathes of legislation with no form of debate whatsoever, so as it was never scrutinised before being dumped on to us by the parliament why should they spend years debating stuff that can be easily revoked? So far I have heard how the eu protects workers, although they have far less rights than in 1972, and Macron is currently tearing up workers rights in France, it seems rather a peculiar claim.

    • Mike Sivier September 14, 2017 at 11:01 am - Reply

      No, the EU legislation was decided by the democratically-elected European Parliament, after being proposed by the Commission. It was then approved for the UK by a vote in the Westminster Parliament, as all EU legislation had to be. That’s why we don’t have the vote for people in prison, even though the EU passed a law demanding it – Westminster never approved it so it doesn’t happen here.
      Our Parliament would not spend years debating “stuff that can be easily revoked”, because this is stuff it should not be easy to revoke. But it will be easy for ministers to throw away your rights if the decisions this week are allowed to stick.
      As for Mr Macron “tearing up workers’ rights” in France, doesn’t that just show you that the EU laws don’t mean a thing unless member states support them?

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