Government plans to clamp down on the use of judicial reviews are rooted in “revenge, not reform”, according to the activist who used the process to fight Boris Johnson’s Brexit plans.
Gina Miller won her Supreme Court bid to overturn the PM’s prorogation of parliament in the face of a no-deal Brexit last year – prompting him to launch a review into the “abuse” of the legal mechanism.
But lawyers advocating for the most vulnerable – from refugees to victims of domestic violence – fear the move will leave desperate people with nowhere else to turn, as revealed by HuffPost UK on Tuesday.
Miller said she believes the PM’s plan, laid out in the Queen’s Speech last year, is based on a desire for “revenge” against those who were a thorn in his side during the Brexit process.
“It’s not about reform of the judiciary at all,” she told HuffPost.
“There is no evidence whatsoever that the judicial review process is being abused or overreached. In fact, I agree that the system needs reform, but not in the way the government is proposing – vulnerable people need to be given more access to judicial review.
“My cases were only ever about accountability and the sovereignty of parliament. The reforms being talked about are extremely dangerous. If you have a biddable parliament and a biddable judiciary, who is there to hold the government to account?”
A family entitled to NHS care wrongly charged hospital fees and a woman told she couldn’t be reunited with her refugee daughter after the girl was raped are among the cases won by law centres, who rely on judicial review when advocating for those who cannot afford extortionate legal fees.
“Many of these people have been forced to choose between paying their rent arrears or buying food, so have simply not eaten,” said Pamela Fitzpatrick, the director of Harrow Law Centre – which offers free legal advice and representation to about 1,000 north London residents every year.
“More than ever before, and certainly more in recent years, we are seeing people who have lost access to benefits and who literally have nothing come to us for help.”
More recently, campaigners used judicial review to halt the deportation of 25 people to Jamaica by the Home Office, many of whom they claimed had not been offered proper legal advice.
Miller added: “It begs the question: does this government actually care at all about the most vulnerable people?
“A lot of people are extremely concerned about these plans, and following the cabinet reshuffle we are even more concerned – any sensible voices seem to have been sacked.
“But I and plenty of others will be keeping a laser-like view on whatever the government decides to do.
“There has to be a counter to this, and a coming together of voices to speak up for the vulnerable, and for the independence of the judiciary.”
A Cabinet Office spokesperson told HuffPost further announcements would be made on the constitutional review, being overseen by minister Michael Gove, “in due course”.