HC Deb 19 June 1996 vol 279 cc466-7W
Ms Hodge

To ask the Secretary of State for the Environment how many decisions by his Department were challenged by way of judicial review in each Session since 1991–92; and if he will list in how many cases(a) the Department's decision was upheld by the court, (b) the court found for the applicant, (c) the Department submitted to the judgment and (d) the Department appealed successfully against the judicial review decision. [33566]

Sir Paul Beresford

Information is not held centrally in a form which would enable the Secretary of State to answer this question without incurring disproportionate cost.

Ms Hodge

To ask the Secretary of State for the Environment on how many occasions in each Session since 1991–92 legislation has been introduced into Parliament by his Department, with the purpose of(a) removing the effects of a judicial review decision or (b) implementing a judicial review decision; and if he will list the relevant legislative provisions. [33585]

Sir Paul Beresford

There has been one instance in which legislation has been introduced into Parliament with the purpose of partially reversing a decision of the court in a case of judicial review against a local authority. This was the case of R. v. London borough of Ealing ex parte Lewis, where it was held that the local housing authority did not have power to include certain expenditure on sheltered accommodation in its housing revenue account. Sections 126 and 127 of the Leasehold Reform, Housing and Urban Development Act 1993 were introduced to change this effect of the decision. Parallel provisions were introduced for Scotland in sections 149 and 150 of that Act.

There have been no instances of legislation introduced to implement a judicial review decision.