Draft Judicial Appointments (Amendment) Order 2023

Angela Crawley Excerpts

Monday 12th June 2023 General Committees

[Angela Crawley (Lanark and Hamilton East) (SNP)]

The Scottish National party supports today’s statutory instrument to extend the eligibility of CILEX lawyers and applauds its aim of creating a more diverse judiciary. The statutory instrument will affect Scotland only in so far as the position of upper tribunal judges, but the impact on the wider judiciary is also welcome. The legislation will allow 4,500 experienced lawyers to apply for judicial roles and take on new challenges in their career. I hope that that will allow greater diversity, more women and more minority ethnic lawyers to enter the judiciary, with all the benefits that that will bring for applying the rule of law and widening access.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 21st February 2023 Commons Chamber

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

5. What discussions he has had with Cabinet colleagues on the potential effect of withdrawal from the European convention on human rights on human rights in the UK.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

8. What discussions he has had with Cabinet colleagues on the potential effect of withdrawal from the European convention on human rights on human rights in the UK.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

10. What his policy is on the future of the UK’s adherence to the European convention on human rights.

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[Dominic Raab]

No one is more committed to the integrity of the UK than this Government. I set out the position on the Bill of Rights earlier. We have made it clear that we would not rule out ever withdrawing from the ECHR in the future. We certainly need to make sure that we have a viable legal regime that allows us to tackle illegal immigration.

[Angela Crawley]

Does the Secretary of State agree with the former Prime Minister, Sir John Major, who reminded the Northern Ireland Affairs Committee earlier this month that, far from being some bureaucratic creation, the ECHR was championed by Churchill and his Conservative Government, and that leaving the convention would place the UK in the dubious company of Belarus and Russia?

[Dominic Raab]

I do not think that many people take issue with the convention. Of course, it was negotiated at a very different time and place. The real issue has been the mission creep and the expanding and elastic interpretations of the ECHR since that time. I am confident that, with the Bill of Rights, we can address that in a comprehensive way.

Sexual Misconduct in the Police

Angela Crawley Excerpts

Wednesday 20th October 2021 Commons Chamber

[Kit Malthouse]

On my hon. Friend’s second point, these are exactly the issues we want to learn from as part of the inquiry. He is right that we need to ensure that the vetting net is as tight as possible. He will know that police officers are vetted at a number of points during their careers, and often on transfer, as he says. We need to ensure that that is happening and has happened. If there are lessons to be learned, we will learn them. He is right that this is not necessarily a problem just for the police in one particular area or for the police as a whole; it is one that we have to face as a society generally. I have to reassure him that some of the strongest advocates for change, some of the individuals most outraged by previous events and some of those most committed to maintaining the integrity of the police force are police officers themselves.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

May I associate myself with the comments of others across the House and pass on my condolences to James’s family?

The murder of Sarah Everard has truly shocked and saddened us all, and I once again send my condolences to Sarah’s friends and family. We on these Benches welcome the independent inquiry and the announcement of a taskforce, but more details must be given on exactly what will be put in place. The statutory inquiry must be put in place.

I recognise that this issue is not solely confined to the Met. As recent inquiries and news have shown in Scotland, there is a real problem and a culture that pervades establishments. The Scottish Government are taking this seriously and will take any concerns or issues raised seriously and ensure that those responsible are held to account.

Dame Elish Angiolini referred in her report to “a canteen culture” and

“racist, misogynistic or emotionally damaging”

conduct. While good policing will not end male violence against women, trust in the police is vital, yet over the past 11 years, more than 750 Met police officers and staff have had accusations of sexual misconduct, including accusations of sexual harassment, sexual assault, rape and using their position of power for sexual gain. Of those 750, only 83 were sacked. Does the Minister feel that those figures reflect sufficient accountability and, if not, what action is needed to address that?

[Kit Malthouse]

I obviously cannot speak to the individual cases that the hon. Lady has outlined, but like most of the British public, I need to have faith in the independent structures that are put in place. All offences of that type must by law be referred to the Independent Office for Police Conduct, and all disciplinary proceedings within the police force are dealt with by independent panels chaired by legally qualified chairs. That is the due process that produces these numbers.

We hope that the work we are doing through the National Police Chiefs’ Council, the reforms that we have put in place around the IOPC and the lessons that will then come out of the inquiry will form a suite of information and tools that will help to bolster the faith that the vast majority of the British people have in the vast majority of police officers. As I say, our job is to help the police to rebuild that bond of trust, whether in Scotland, England, Wales or Northern Ireland, and we will do our best to stand alongside them.

Hillsborough: Collapse of Trials

Angela Crawley Excerpts

Thursday 10th June 2021 Commons Chamber

[Robert Buckland]

I am grateful to the Chair of the Justice Committee. I think I should correct the record; it was, of course, the hon. Member for Garston and Halewood (Maria Eagle) who asked the urgent question. I know that the hon. Member for Wallasey (Dame Angela Eagle) is similarly supportive, and I am sure that she is more than grateful to be referred to, but I am grateful to the hon. Member for Garston and Halewood, who is in the Chamber.

My hon. Friend is right to talk about the excellent report that his Committee has done. We will respond to it by the end of July, and my officials are working on that response. His question draws out some important points that we should all remember when it comes to inquests. Inquests are processes that are designed to uncover the facts. They are not trials; they cannot be trials. This brings us back to the essential point for the families. The families have put their faith in the criminal trial process as a way of responsibility—people being held to account. However comprehensive the inquest process was—and the inquest chaired by Sir John Goldring was, indeed, a very comprehensive and thorough piece of work that all of us can reflect upon and understand—it was never going to be a trial.

The point I seek to make is that we must ensure that, when we talk about equality of arms, which is a very important point that underpins the hon. Lady’s campaign, we do not turn to some sort of adversarial blame game. That would be wrong. It would be a disservice, frankly, to bereaved families, and it would be a misunderstanding of the coroner’s function. Article 2 widens the provisions of the inquest to allow for wider consideration to be given, but it is important that all of us focus upon the function of an inquest and the fact that any changes to be made should not detract from its essential quality.

[Angela Crawley (Lanark and Hamilton East) (SNP) [V]]

The Hillsborough disaster was a fatal human tragedy at a football match at Hillsborough stadium in Sheffield on 15 April 1989. I pay tribute to those who lost their lives and the families who have spent decades in pursuit of justice.

In 2016, the inquiry findings concluded that 96 victims were unlawfully killed due to gross negligence. Police errors in planning, defects at the stadium and delays in the emergency response all contributed to the disaster. The behaviour of fans was not to blame. The 32-year battle for justice by the families shows that the English legal system is in dire need of reform. It has failed to provide any real accountability for these unlawful deaths and a cover-up that extended from the police lying and omitting crucial details to the media narrative shifting, blaming fans for their deaths, and a long, hard fight for the truth. The collapse of the latest trial means that no one will be held criminally responsible. Margaret Aspinall, who lost her 18-year-old son in the disaster and is the former chair of the Hillsborough Family Support Group, has called this outcome a

“cover-up of the cover-up of the cover-up”,

saying that families have been

“put through a 32-year legal nightmare looking for the truth and accountability.”

Given the collapse of the trial, how does the Minister plan to promote confidence in accountability for public servants and in the idea that fair justice is ensured in the English legal system? The ruling that the Government inquiries are not a course of public justice and that in effect public servants cannot be held legally to account for evidence provided to them is incorrect and risks creating a dangerous precedent for those who wish to withhold or amend evidence for future inquiries. What action will the Minister take to ensure that the system of inquiries is not compromised by this ruling?

This is the end of the legal line for the Hillsborough campaigners. The reviews, inquiries, inquests and criminal trials have allowed the record to be set straight and established that fans were not to blame for the disaster. However, no convictions have been made and many still feel that justice has not been served. What assurances can the Government give to the victims and their families that the lessons of Hillsborough have been learned and that justice and accountability remain unequivocally guaranteed in the English legal system?

No one should go to a football match and not return home afterwards. It is right that the matter is considered carefully and sensitively, but after 32 years the campaign for justice for the 96 rightly deserved justice.

[Robert Buckland]

In the hon. Lady’s sensitive and appropriate invocation of the memories of the 96, it is right to pause to remember that 50 years ago the Ibrox disaster happened in Glasgow, a major disaster costing many, many lives.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Lucy Frazer]

I absolutely agree. It is appropriate that the work programmes that are available in the community are available to prison leavers. That is why I am working closely with my right hon. Friend the Secretary of State for Work and Pensions on this issue, including by delivering on our manifesto commitment to increase the number of prison work coaches, who will further support prison leavers. It is those work coaches who will enable us to connect to those long-term Government programmes.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

What plans he has to bring forward proposals to amend the Human Rights Act 1998.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The Government established the independent Human Rights Act review to examine the framework of the Act—how it is operating in practice and whether any change is required. The review will consider the approach taken by the domestic courts to the jurisprudence of the European Court of Human Rights, and it will also examine whether the Act currently strikes the correct balance between the roles of the courts, the Government and Parliament. It will then consider whether—and, if so, what—reforms might be justified. It will report back in the summer and its report will be published, as well as the Government’s response.

[Angela Crawley [V]]

Last week in the Joint Committee on Human Rights, Lord Neuberger pointed out that the Human Rights Act plays an important role in ensuring that people have access to justice and the means to protect their rights in court, and that the Act is even more vital as legal aid is squeezed. Does the Secretary of State agree with this statement, and does he recognise that removing human rights avenues at the same time as legal aid centres will reduce the ability of citizens to protect their human rights?

[Robert Buckland]

I agree with the noble Lord that the Act has played an important part in helping many applicants with important cases that have been brought before the courts. However, I can reassure the hon. Lady that the review is all about the framework of the Act itself, not about the scope of the convention rights that are scheduled within it, and the two issues should not be confused, either accidentally or intentionally.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 14th July 2020 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

What recent discussions he has had with the Scottish Government on proposals to update the Human Rights Act 1998.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

What recent discussions he has had with the Scottish Government on proposals to update the Human Rights Act 1998.

--- Later in debate ---

[Alex Chalk]

Yes, of course. Scotland has a distinguished and distinct legal system and of course it would need to be consulted in that way. I do wish, though, to make one point crystal clear: whatever amendments may come to the Human Rights Act, the United Kingdom remains committed to membership of the European convention on human rights. That will not change.

[Angela Crawley [V]]

Can the Minister outline the relationship between the independent review of the Human Rights Act and the proposed constitution, democracy and rights commission, as well as the terms of reference for the independent review and whether the devolved Administrations, including the Scottish Government, will be consulted about those terms of reference?

[Alex Chalk]

I thank the hon. Lady for her question. There is a manifesto commitment to look at updating the Human Rights Act, which is now—what?—20 years old or so, but we have yet to set the terms of reference. Of course it is the case that, as we go forward in that process, the implications for the distinguished and distinct, separate legal jurisdiction of Scotland must be taken into account, and that is exactly what we will ensure takes place.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 14th January 2020 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

11. What discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

20. What discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I have been discussing this issue with my Cabinet colleagues and will continue to do so. The United Kingdom is committed to protecting and respecting human rights and will continue to champion them both here and abroad. As set out in our manifesto, after Brexit we need to look at the broader aspects of our constitution, including the balance between the rights of individuals and effective government.

[Angela Crawley]

I welcome you to your place, Mr Speaker.

Before the general election, the Conservative manifesto promised to update the Human Rights Act 1998. Since its introduction, the Act has successfully protected countless citizens across the UK from human rights abuses, so can the Secretary of State tell me which specific aspects of the Act need updating?

[Robert Buckland]

I refer the hon. Lady to the answer I gave in the context of the constitutional commission. Updating Acts is something we do regularly in this place. The Human Rights Act is now just over 20 years old. Aspects of its operation have worked very well; others deserve a further look—for example, the operation of the margin of appreciation and how Strasbourg case law is adhered to. All those issues are relevant and material to the work of the commission.