HC Deb 24 June 1996 vol 280 c13W
Ms Hodge

To ask the President of the Board of Trade 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. [33594]

Mr. John M. Taylor

[holding answer 19 June 1996]: No legislation has been introduced by the Department since 1991–92 with the purpose of removing the effects of judicial review decisions. The Employment Rights (Part-time Employees) Regulations 1995, SI 1995/31, is the only legislation which the Department introduced in order to implement a judicial review decision.

Ms Hodge

To ask the President of the Board of Trade 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. [33577]

Mr. Taylor

[holding answer 19 June 1996]: Comprehensive records are not kept in the form requested. However, the Department has identified from readily available sources 27 decisions which were challenged by way of judicial review, as follows

  • 1991–92: 3
  • 1992–93: 5
  • 1993–94; 3
  • 1994–95: 5
  • 1995–96: 11

The Department's decisions were upheld in 12 of the cases.

In the four cases in which the court found for the applicant, the Department submitted to the judgment in two of them, and successfully appealed against two.

Eleven cases either have been withdrawn or are not yet completed.