On 19 November 2012, in a speech to the CBI, the Prime Minister, David Cameron identified some of the things which he claimed were holding back the Government in helping British business. Four of the five issues he identified were obligations to comply with the law. Is there really a problem or was this simply a politician telling an audience what they wanted to hear?
The four troublesome areas of law selected by Mr. Cameron are, it is true, all about how the law ensures that decisions by public authorities are taken properly and fairly. Judicial review allows the Court in appropriate cases to check that a public authority has not exceeded its legal powers or behaved so unfairly or irrationally that it should retake the decision. Consultations force authorities to ask those with a particular interest or knowledge of an area to identify issues before a decision is implemented. European legislation is inevitable if the UK remains a member of the EU. Impact assessments including equality require that the wider consequences of any decision are properly considered in advance.
Michel Colledge looks at David Cameron's proposed changes.
The Government makes consultation and judicial review political issues - Nov 2012.pdf