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Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Okay. I feel that there is probably a public interest in understanding where the judicial reviews are driven from, again, because of the narrative we see a lot around nimbyism and trying to understand. That data would really help in terms of policymaking. I know that is not necessarily Ms Denning's space, but given that the Courts Service manages and collates the cases, the-----

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: I am sorry; I mean the Courts Service. The cases come to the Courts Service and, therefore, the data already exists at the Courts Service level in terms of the different criteria by which it might disaggregate data.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Sure, okay.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: I will note that I do think there would be a lot of public interest in having that disaggregated data around cases, but recognising what Ms Denning said in response to that. In terms of the current capacity, has Ms Denning requested or put in requests for additional supports around processing judicial reviews? Under the Part 9 changes to the 2024 Act, we may see more judicial reviews as a...

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Okay. When it comes to the planning and environment list, does Ms Denning have cases that have been admitted under those? Does she have that data?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Admitted to the planning and environment list.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: I have a follow-up question. I think the answer is probably "No". Does Ms Denning have data on who is submitting those judicial reviews?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: The collation of that data into something that is easier to access rather than going through every single individual list is a policy decision that would sit outside the scope of the Courts Service's remit.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Where would that policy decision sit?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: When it comes the whole thing around judicial review, is anyone responsible for presenting that data in a way that is actually accessible to the public?

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: In the context of planning, I mean.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Yes, maybe that is an issue we can discuss as a committee. I feel like there is a real gap there in terms of the public interest around judicial review and understanding what is driving that, and without that data, we cannot do that. I recognise that it is all available if one goes and looks, but that is not easily accessible. There is a level of public interest linked to that. We should...

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: I thank Ms Denning very much.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: It exists, surely. That type of disaggregated data does exist somewhere in the submissions, surely.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Deputy Neville spoke a little bit about judicial reviews being used in an obstructive way. He touched on the point I was making around the data and trying to figure out if that is indeed the case. In response to him, I think Ms Denning said there has been an increase in developers taking out judicial reviews.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Ms Denning touched on this already but I want to put on record that people have a right to challenge decisions. I know she knows that but there can be quite a negative narrative as well around judicial reviews. Obviously, people have a right to challenge planning decisions and we do have planning decisions which are sometimes bad for communities. It is really important to highlight that...

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Absolutely, yes. I suppose a degree of flexibility is provided.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Yes, but I would probably argue it should not be in some instances if it would limit people's access to justice.

Committee on Infrastructure and National Development Plan Delivery: Judicial Review and Appeals Process: Engagement with Courts Service (9 Jul 2025)

Patricia Stephenson: Yes, absolutely. Regarding prioritisation and the specialised lists, and while I recognise what she is saying around EU law, does Ms Denning think there is any concern with those processes around access to justice in light of the Aarhus Convention?

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