§ Ms HodgeTo ask the Secretary of State for Scotland how many decisions by his Department were challenged by way of judicial review in each Parliamentary session since 1994–95; and if he will list in how many cases(a) the Department's decision was upheld, (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. [7845]
§ Mr. McLeishDuring Session 1994–95. 10 decisions were challenged by judicial review in the Court of Session; and(a) four decisions were upheld by the Court;(b) and (c) the Court did not find for the applicant in any case; and (d) none were appealed by the Department. Of the remaining six cases, four judicial review petitions were withdrawn and two are yet to be decided by the Court.
During Session 1995–96, 10 decisions were challenged by judicial review in the Court of Session; and (a) five decisions were upheld by the Court; (b) and (c) one decision was not defended by the Secretary of State and accordingly the judicial review petition was successful; 157W and (d) none were appealed by the Department. Of the remaining four cases, three judicial review petitions were withdrawn and one has yet to be decided by the Court.
During Session 1996–97, four decisions were challenged by judicial review in the Court of Session; and (a) one decision was upheld by the Court; (b) and (c) one decision was settled in such a way that the judicial review petition was successful; and (d) none were appealed by the Department. Of the remaining two cases, two are yet to be decided by the Court.
§ Ms HodgeTo ask the Secretary of State for Scotland on how many occasions since 1994–95 legislation has been introduced by the Department(a) to remove effects of judicial review decisions and (b) to implement them. [7844]
§ Mr. McLeishOn no occasion since 1994–95 has legislation been introduced by the Scottish Office(a) to remove the effects of judicial review decisions and (b) to implement them.