Clause 44
Criminal Justice and Immigration Bill
1:00 pm
Maria Eagle (Parliamentary Under-Secretary, Ministry of Justice; Liverpool, Garston, Labour)
As far as I am aware, the normal rules would apply. A Secretary of State’s judgment is always challengeable in the courts, on the basis of judicial review, unless we were looking at something like certified public interests. My understanding is that such a decision is not intended to be out of the normal run of challengeable decisions; it ought to be challengeable in all the normal ways. I hope that that reassures the hon. and learned Gentleman. There is certainly no intention in this clause to have any special rules or to suggest that the Secretary of State’s decision is final and cannot be challenged.