§ Ms HodgeTo ask the Secretary of State for Health (1) 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 judgement and (d) the Department appealed successfully against the judicial review decision; [33570]
(2) 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. [33587]
§ Mr. Horam[holding answer 19 June 1996]Information in the form requested is not available. Since April 1994,23 decisions have been challenged by way of judicial review. In 11 cases, the Department's decision was upheld by the court; in four cases, the court found for the applicant, and in none of those cases did the Department appeal against the judicial review decision. Four cases were settled out of court; and four cases are on-going. In that time, one piece of legislation—the NHS (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 1995—has been introduced in order to implement a judicial review decision.
Information for any period before April 1994 could be provided only at disproportionate cost.