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David Davis vows to lead rebellion against judicial review changes
David Davis vows to lead rebellion against judicial review changes
The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.
Before the first major test of the judicial review and courts bill when it is debated in the Commons on Tuesday, Davis wrote in an article that ministers’ plans would “tip scales of law in favour of the powerful”.
He cited the power of judicial reviews to give “a voice to victims”, pointing to the overturning of the Parole Board’s decision to release the serial rapist John Worboys. The Haltemprice and Howden MP also praised the campaigner Gina Miller for challenging the government’s position at the start of the Brexit process that article 50 could be triggered without parliamentary authorisation.
An overhaul of the judicial review process was promised in the 2019 Conservative manifesto, which said the mechanism should be “available to protect the rights of the individuals against an overbearing state”, but promised it would not be “abused to conduct politics by another means or to create needless delays”.
Davis said judicial review “delivers for individuals on matters affecting everyday life” and was constantly being used “to correct fundamental and dangerous errors of law”.
“Such attempts to consolidate power are profoundly un-conservative and forget that in a society governed by the rule of law, the government does not always get its way,” he said.
Davis also addressed suggestions that so-called Cart judicial reviews could be abolished, which would let the high court review a decision to refuse someone permission to appeal a case. Davis said ministers viewed these as “expensive and unsuccessful”.
“While the attack on judicial review, and in particular Cart judicial reviews, is a worrying assault on our legal system, it is only part of the picture,” wrote the former Brexit secretary, whose former chief of staff Dominic Raab is now the justice secretary.
Davis said ministers were in effect trying to “deny a court jurisdiction in a certain matter” through a mechanism known as an “ouster” clause.
He wrote: “Left unchecked, the use of these ouster clauses could give a government free rein to designate certain decisions it has made, or the use of certain powers it hands itself, to be unchallengeable in the courts. And the government, through this bill, wants to establish a framework for how ouster clauses can be applied to other areas in future legislation. This is entirely wrong.
“It all too clearly leaves the door open for further ouster clauses to be created that remove the courts from decisions in matters such as employment tribunals or social security.”
Davis said it did “not take a wild imagination to picture a future government, racked by constant losses in the courts on welfare matters, to suddenly legislate to remove the court’s vital oversight functions” in decisions about employment tribunals or benefits.
A Ministry of Justice spokesperson said: “This bill delivers on our manifesto commitment to protect the rights of individuals, while ensuring the courts are not open to abuse and delay.
“These changes will give the judiciary the power to hold the government to account, while tackling those who look to frustrate the court process.”
The MoJ has previously claimed the number of Cart judicial reviews that succeeded was just 0.22%, though Davis queried this in his article, saying the figure was “wildly incorrect” and likely to be “much higher” at about 5.7%.
News
Lagos arrests 94 during midnight raid on rail track squatters
The Lagos State Government has arrested 94 persons during a midnight operation on rail track squatters.
The Commissioner for Environment and Water Resources, Tokunbo Wahab announced the operation on X.com on Wednesday.
According to him, the arrest followed complaints from citizens about illegal squatters, miscreants, and suspected criminal activities along rail track corridors.
Wahad said a locally fabricated short gun, several wraps of illicit substances suspected to be Indian hemp, charms, and a jackknife were recovered from the suspects.
He wrote, “In response to complaints from residents, commuters, and concerned citizens about the nefarious activities of illegal squatters, miscreants, and suspected criminal elements along rail track corridors, the agency conducted a midnight raid along the rail track from Pen-Cinema under the bridge up to Fagba Junction.
“Ninety-four suspects were arrested during the operation, and a locally fabricated short gun, several wraps of illicit substances suspected to be Indian hemp, charms, and a jackknife were recovered.
“The suspects will be charged in court accordingly.”
News
Okpebholo suspends revenue collection in Edo State
Edo Governor, Monday Okpebholo, has ordered the immediate and indefinite suspension of collection of all revenues in in the state, with particular attention on motor parks and others, until further notice.
According to a statement by his Chief Press Secretary, Fred Itua, Okpebholo also ordered the State Police Commissioner to arrest anyone who flouts the order.
The Governor said he will review the issues surrounding the collections soon and decide on the way forward.
“The collection of revenues in the State has been suspended indefinitely. Anyone seen collecting revenues on behalf of the State Government will be arrested.
“The Commissioner of Police is hereby ordered to arrest anyone who flouts the order and collects any kind of revenues on behalf of the State Government.
“The Governor will soon address the issues and concerns raised. He will issue new directives soon. Until then, no one is authorised to collect revenues on behalf of the State Government,” the statement noted.
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FG to begin payment of pension backlog – Edun
The Minister of Finance and Coordinating Minister of the Economy, Mr Wale Edun, says the Federal Government will soon begin payment of pension backlog.
Edun said this during a peaceful rally by the Nigeria Union of Pensioners Contributory Pension Scheme Sector (NUPCPS) at the Federal Ministry of Finance in Abuja on Tuesday.
“We will start next week to pay everything that we can under the current budget as approved by the National Assembly. What has happened now is that there is backlog in terms of contributions and there is a solution.
“There has been a committee under the Office of the Head Of Service which has met the minister of budget, and I. We have a plan for dealing with the backlog under the Contributory Pension Scheme (CPS).
“We are committed to paying it. It has to be paid this year. We are committed to doing that starting from next week,” Edun said.
“We have to have a solution that takes care of everybody, and that is being worked on. Its going to be a question of going to the capital market and raising an instrument that allows that backlog to be cleared once and for all.
“We are going to present to the president, a viable solution using the financial market taking care of the huge backlog under the CPS,” Edun said
He reiterated Federal Government’s commitment to pensioners welfare.
“I am not happy that you have had to take this step and I assure you that any time that you or your leaders seek audience with me, I will be available in the office.
“I was not aware of the Nov. 11 deadline, otherwise I will never have allowed a situation like this. In spite of your age, your situation in terms of cost of living, it costs money to come here. I would have avoided that as much as I could,” Edun said.
Speaking earlier during the protest, the National Chairman of NUPCPS, Mr Sylva Nwaiwu, said CPS had never benefited from any increment of the National Minimum Wage Act.
Nwaiwu said that the Federal Government had not released accrued rights for pensioners for over 20 months (since March 2023 till date).
“Our senior citizens are suffering, after using our youthful years to serve our father land and we get this in return. Please use your good office to help us. Some of our members are bedridden and some have died in the struggle. We cannot feed ourselves, take care of our family or take care of our medical bills anymore,” he said.
The chairman said that they had dropped several letters for the minister but none was acknowledged which made the union members to stage this peaceful rally. Nwaiwu, however, commended the president for raising minimum wage.
Mrs Christiana Ubah, a pensioner, said that she retired in 2015 from the budget office of the federation, and could no longer feed herself. ” See how my face is, it is hunger.”
She complained that for six months, her pension had not been paid by African Alliance, saying that the government needs to come to our aid.
“Among us here are people that retired since march last year and have not been paid a kobo. look at how harsh the economy is because of our leaders.
“We do not have anything to live on now, every year they will tell us in the media that pension fund asset has increased, so why are pensioners not paid.
“We have a constitution in the country that every five years salaries will increase and pension will increase too. We want this reflected,” Ubah said.
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