Clause 2 - Exclusion of review of Upper Tribunal’s permission-to-appeal decisions

Judicial Review and Courts Bill – in the House of Commons at 4:13 pm on 25th January 2022.

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Votes in this debate

  • Division number 171
    A majority of MPs voted not to remove, in Scotland, the ability to seek a judicial review of a decision by the Upper Tribunal on if to allow an appeal from the First-tier Tribunal.

Amendment made: 6, page 3, line 36, after “in” insert—

‘such a procedurally defective way as amounts to a’ —(James Cartlidge.)

This amendment clarifies that the ability preserved by clause 2 to challenge the Upper Tribunal’s permission-to-appeal decisions for breach of natural justice relates only to procedural defects.

Amendment proposed: 43, page 4, line 19, at end insert—

‘(8) This section does not extend to Scotland.’.—(Anne McLaughlin.)

This amendment would ensure that the exclusion of review of Upper Tribunal’s permission-to-appeal decisions did not extend to Scotland.

Question put, That the amendment be made.

Division number 171 Judicial Review and Courts Bill — Clause 2 — Exclusion of Review of Upper Tribunal’s Permission-to-Appeal Decisions — Scotland

A majority of MPs voted not to remove, in Scotland, the ability to seek a judicial review of a decision by the Upper Tribunal on if to allow an appeal from the First-tier Tribunal.

Aye: 61 MPs

No: 316 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 267 MPs

Absents: A-Z by last name

The House divided: Ayes 61, Noes 316.

Question accordingly negatived.