Member

To deny a merits-based right of appeal against a £17 million penalty is a severe and indefensible departure from our constitutional principles and the basic tenets of natural justice. As the Constitution Committee firmly pointed out, judicial review is entirely inadequate for penalties of this magnitude. Judicial review, by its very nature, is restricted to examining matters of legality, rationality and procedural propriety. The High Court cannot stand in the shoes of the decision-maker. It cannot ask the fundamental question: “Did this business actually commit the breach?” It cannot ask: “Is the calculation of this penalty fair on the facts?” or, “Is a multi-million-pound fine truly proportionate to the actual national security risk presented?”