Digital Economy Bill - Committee (4th Day)

Part of the debate – in the House of Lords at 4:15 pm on 8th February 2017.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Liberal Democrat 4:15 pm, 8th February 2017

Judicial review itself varies according to whether or not there is a European element. If the review is about a case where free speech under the convention is concerned or an EU directive is concerned, then judicial review embraces the principle of proportionality. However, if it is not about a case where European law can be involved—either system of European law—under the deciding case law, judicial review does not apply the principle of proportionality. In other words, it still—in my view, wrongly—does not look at whether the means employed to be pursue a legitimate aim are necessary to achieve that aim. Is not what I have just said an indication of the unsatisfactory nature of relying on judicial review as the solution?