Oral Answers to Questions

Debate between Derek Twigg and Alex Chalk

Tuesday 26th March 2024 Commons Chamber

[Derek Twigg (Halton) (Lab)]

The Secretary of State will know that one of the ways to reduce reoffending is to break the cycle of drug misuse. The problem of course is that in too many prisons there is a high incidence of drugs getting in, so what is he doing to reduce the amount of drugs in our prisons?

[Alex Chalk]

The hon. Member is right: it is of course really important that we tackle drugs coming into prisons. We have rolled out £100 million in prison gate security, to ensure that there is airport-style security. There are scanners, including body scanners with very high resolution, so that people coming into jails can be scanned for illicit contraband that may be being transported internally; that is important. We are also rolling out additional technology that can scan mail for psychoactive substances impregnated into the paper. That is just one of a suite of measures that we are taking—plus there are the drug abstinence wings.

May I take this opportunity to say that I misspoke earlier? Ian Coates was the third victim of the Nottingham attacks.

Hillsborough: Bishop James Jones Report

Debate between Derek Twigg and Alex Chalk

Wednesday 6th December 2023 Commons Chamber

[Alex Chalk]

My door is always open. Of course, I will speak to the hon. Lady and others. It is also important to recognise that part of the statutory framework has moved on. I have talked about the Police (Conduct) Regulations 2020, for example, and I recognise, as did Bishop James Jones, that the key thing we want to do is to change the culture, and the law plays a part in that. There have been changes, so let us have a discussion in due course.

[Derek Twigg (Halton) (Lab)]

We cannot repeat often enough, because I do not think it is understood, just what a web of deceit and lies was put forward by parts of the state, particularly the police and others, over the years. That had an effect on the families who lost loved ones. I was there on the day, in those terrible circumstances. We do not forget how bad it was. I sat through a number of days of the second inquest, and lies were still being told until the families’ lawyers produced video evidence to say, “There you are. You didn’t do what you said.” I was astounded. All those years later and people stuck to those lies.

As I said to the Justice Secretary earlier, we can have a culture change, but what happened at that inquest, and all the way up to it, shows that the problem is so deep that it needs something stronger. That is why the duty of candour needs a basis in legislation. I understand that there are some issues, whether it be national security or confidentiality, but we can get round that. The Justice Secretary has indicated that he will listen, so will he listen and make sure there is a legal, statutory duty?

[Alex Chalk]

I thank the hon. Gentleman, who speaks with particular authority on these points. He talks about the second inquest, at which people continued to demonstrate a kind of institutional defensiveness. He may feel that what made a difference was that lawyers were there to hold people to account—that is the equality of arms point. I respectfully suggest that it is important to recognise that we are now in a situation where, in this kind of case, there will be lawyers to try to expose precisely that kind of defensiveness, which is extremely important. I deeply respect the points that he makes, but he knows there are countervailing issues, to which he briefly adverted. Of course, we will have a conversation in due course.

AUKUS Defence Partnership

Debate between Derek Twigg and Alex Chalk

Tuesday 14th March 2023 Commons Chamber

[Alex Chalk]

I thank my hon. Friend for his excellent question. He is a great supporter of his constituents who produce these brilliant reactors. I am so pleased he went to Rosyth and met the submariners, because I would like to take this opportunity to pay tribute to them. It is a tough job, candidly. They do on our behalf, out of sight and sometimes out of mind, an enormously important job and I know the whole House will join me in paying tribute to them for what they deliver for the security of our nation. The additional investment—let us be clear that the nuclear reactors will supply all the Australian SSN-AUKUS submarines—will mean thousands more high-skilled, high-paid jobs here in the UK. To the point made just a few moments ago, they will be welded shut nuclear reactors. I am happy to be able to make that point. They will not need to be opened or tampered with in any way during the lifetime of the submarine.

[Derek Twigg (Halton) (Lab)]

I was deeply disappointed with the funding announcement yesterday, which was woefully inadequate for our defence needs, but I fully support and welcome today’s announcement and the AUKUS partnership. May I ask the Minister a specific question? Page 56 of the “Integrated Review Refresh” rightly refers to supply chain risks, particularly in terms of the five priority technologies. To ensure that we, along with our partners, produce and develop the best possible assets that can outmatch our adversaries, at what point will we hear—we still have not heard—when we will publish a strategy on semiconductors and quantum technologies?

[Alex Chalk]

The hon. Gentleman is right that semiconductors and quantum technologies are significant. I am happy to write to him on that point.

Fleet Solid Support Ships

Debate between Derek Twigg and Alex Chalk

Friday 18th November 2022 Commons Chamber

[Alex Chalk]

I am so glad my hon. Friend raised that point, because that is exactly what I was discussing just this week when I was in Devonport. I do not know about him, but when he and I were a little bit younger, a lot of people felt that, at the age of 16 or 18, they either went into the workplace or they decided to go to university. What is so exciting now is that there are opportunities for people to get apprenticeships, whether degree-level or others. The companies supporting some of those apprenticeships are those involved in advanced engineering, precisely the sorts of businesses that will be supported by this excellent announcement today.

[Derek Twigg (Halton) (Lab)]

As my hon. Friend the Member for Islwyn (Chris Evans) said, the Defence Committee is very clear that British ships should be built in British yards. As I understand it, this consortium is led by the Spanish. Will he confirm whether it is the case that they are ultimately responsible for the contract, and how can he square that with what the Conservative party has told us for many years, which is that leaving Europe would ensure that British ships would be built in this country?

[Alex Chalk]

It is perfectly true that there is an international collaboration, but I gently point out that that is not unusual and nor is it unwelcome. In any modern sophisticated piece of engineering, whether Typhoon or F-35, there will be an international component. If all nations produced everything themselves, that would become incredibly expensive and would defeat the object. Through international collaboration, which by the way we are proud of, we will produce something world-class and meet the needs of the taxpayer as well as the needs of our armed forces, and—I have not emphasised it enough before, so I must do so now—critically, a world-class shipbuilder will bring a lot of its technical know-how into Harland & Wolff, allowing it to build excellent ships long into the future.

Oral Answers to Questions

Debate between Derek Twigg and Alex Chalk

Monday 7th November 2022 Commons Chamber

[Alex Chalk]

I am grateful to my hon. Friend, who speaks with such authority on these matters. The UK is the largest defence spender in NATO in Europe. That commitment provides the capacity to invest in decisive battle-winning technology now and in the future. The defence and security industrial strategy sets the framework for a strategic relationship with industry, including the need to regard our defence and security industries as strategic capabilities in their own right. We are already seeing a shift towards increasing weight being given to industrial implications ahead of investment decisions.

[Derek Twigg (Halton) (Lab)]

Reductions in defence spending are not what is hampering our security and defence; it is the fact that we need an increase in defence spending to ensure that we have better security and defence in this country. That is particularly important if we are to develop and keep ahead of our competitors on new technology, not least artificial intelligence. Is the Minister confident that, through the negotiations that we discussed with the Secretary of State last week in the Defence Committee, we will get some sort of increase in the defence budget and that that will be inflation-proofed?

[Alex Chalk]

The hon. Gentleman is absolutely right that we need to allocate proper resources to keep this country safe. The Prime Minister was absolutely clear when he was campaigning and since he has been in office that he will give this country what it needs to keep our people and our allies safe. It is important not to lose sight of the fact that we are the largest defence spender in NATO in Europe. That position serves this country and our allies.

Lord Chancellor’s Oath and the Rule of Law

Debate between Derek Twigg and Alex Chalk

Wednesday 14th October 2020 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

It is a pleasure to serve under your chairmanship, Mr Twigg, and to respond to a debate back here in Westminster Hall. I congratulate the hon. and learned Member for Edinburgh South West (Joanna Cherry) on securing the debate and thank her for her wide-ranging but tightly-argued important representations. I have 12 minutes to respond to her points, which were made quite properly at greater length, and I hope she will forgive me if I am unable to touch on every point she raised.

As its title indicates, this debate focuses on the Lord Chancellor’s oath and the rule of law. It is important to note a point that will not be lost on the people in this Chamber, but which bears emphasis: the role of the Lord Chancellor is different from that of the Law Officers who provide legal advice to the Government and assist them to find lawful and proper ways to achieve policy objectives. The Lord Chancellor does not provide legal advice to the Government of the day. His duties, while very important in their own right, are different.

The Lord Chancellor’s oath, as we have heard, was set out in the Constitutional Reform Act 2005, which preserved the principle of the “rule of law”, and as the hon. and learned Lady has already stated, it continues:

“I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible.”

As is immediately apparently, the Act does not define specifically the constitutional duty in respect of the rule of law. To say there are arguments might be overstating it, but there are certainly differences of emphasis about the scope and content. The 2014 report of the House of Lords Constitution Committee, which has been referred to, discussed this very issue of scope. Interestingly, it was Dominic Grieve who said in his evidence that the duty was

“currently considered to relate to his or her department, rather than an overarching guardianship role”.

However, as the hon. and learned Lady said, Lord Falconer took an entirely different view, and the Committee overruled and thought that it was wider.

The Cabinet manual is silent on this particular topic. It refers to the role of the Law Officers in

“helping ministers to act lawfully and in accordance with the rule of law”,

but it makes no mention of the Lord Chancellor’s duty in that respect.

One thing that is tolerably plain is that the role has evolved since the judicial roles fell away. As the report noted in paragraph 63, because of those changes,

“the roles of other individuals and institutions have taken on a greater importance in this respect.”

None of this is in any way to downplay the role of the Lord Chancellor, which remains very important, but that role has to be set in a wider context.

So, that is about the scope.

What about the content? The hon. and learned Member for Edinburgh South West and others, including my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the distinguished Chairman of the Justice Committee, have referred to Lord Tom Bingham’s magisterial work, “The rule of law”, in which he identified the core principle of the rule of law as being

“that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts.”

As the hon. and learned Lady said, Lord Bingham went on to outline eight principles; we have heard reference to the eighth today. It is also correct to say that other formulations exist; for example, Professor Lon Fuller wrote a distinguished treatise on the authority of law.

Even if lawyers debate its precise parameters, the expression “the rule of law” is generally accepted to include the principle that all people and institutions are subject to and accountable to law that is fairly applied and upheld. It is important that we do not disappear down a rabbit hole on this. The expression is apt to include: one, equality before the law, which is the point that the right hon. Member for Tottenham (Mr Lammy) powerfully made; two, access to independent and impartial justice; and, three, a Government subject to the law, which is a point I will return to. These principles are indeed the bedrock of the freedoms and protections we enjoy in a modern and mature democracy. The hon. and learned Member for Edinburgh South West is a lawyer, the right hon. Member for Tottenham is a lawyer, and so is the Chairman of the Justice Committee. I recognise that lawyers play an important role in upholding those principles. As we know in this Chamber, lawyers have a primary duty, indeed an overarching duty, to the court. Thereafter, they are obliged to fight their client’s corner without fear or favour, and that means doing their best within the law to defend their clients’ interests, and doing so whether or not they agree with the substance of the claim, or indeed the matter.

The Lord Chancellor made comments that particularly resonated with me in his Temple speech at the opening of the legal year earlier this very month. He said that

“it is wholly wrong for any professional to be threatened, harassed or worse, attacked simply for doing their job—we must call it out and deal with it. And make the point that those who attack people providing a professional service will be subject to that very same Rule of Law.”

I entirely agree with that.

Of course, the rule of law is not a purely British notion, although we might like to be proprietorial about it. Students of history will remember that the future President of the United States, John Adams, famously took on the role of defending British soldiers accused of the Boston massacre at the end of the 18th century. It was a deeply unpopular thing for him to do personally, but he was absolutely right to do it.

Let me turn now to the principles that I have rehearsed. The first is equality before the law. Let me take the opportunity to restate the Lord Chancellor’s commitment to our long-standing tradition of ensuring that rights and liberties are protected domestically, and that our international human rights obligations are fulfilled. This was mentioned by the hon. and learned Member for Edinburgh South West as regards Northern Ireland. As the Lord Chancellor set out in his letter to the Chair of the Joint Committee on Human Rights:

“The UK remains committed to the convention”—

that is, the European convention on human rights—

“and will continue to abide…by our obligations under it.”

After all, and I am sure that we all know this, it was a Scots Conservative lawyer, Sir David Maxwell Fyfe, who played a central role in the formulation of the first draft of the convention after the horrors of the second world war.

The important point that I want to make is that the convention contains a number of rights, not all of which I will restate here. One of them, of course, is article 14, which determines that

“The enjoyment of the rights and freedoms set forth in the European Convention on Human Rights and the Human Rights Act shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”

That matters, because it is relevant to article 6, which for lawyers is perhaps the pre-eminent article in the convention—I suppose that the right to life is quite important as well—and that is the right to a fair trial. Our courts must do justice and uphold the fairness of proceedings without discrimination. The Lord Chancellor himself is very conscious of that, and I pause to note that he has himself sat as a recorder of the Crown Court.

My second point—I will speed up—is about access to independent and impartial justice. An independent judiciary is the cornerstone of our constitution and democracy. Our judges are selected following a rigorous, independent, merits-based process, which is key to maintaining the quality, integrity and independence of the judiciary. Our constitution recognises that. A point that is sometimes lost is that judges of the High Court and above cannot be removed from office without an address passed by both Houses of Parliament. Judges are also largely immune from the risk of being sued or prosecuted for what they do in their capacity as a judge. They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases. They can and must dispense justice fearlessly, without fear or favour. They do that magnificently well, and we are extremely fortunate to have them. The protections exist for a good reason, and the Lord Chancellor jealously guards them.

The Government are subject to the law. In his speech earlier this month—the one at Temple Church at the opening of the legal year, to which I referred—the Lord Chancellor said:

“Sometimes a lawyer will find the argument they advance to be at odds with the Government of the day—but it frankly is a strength of our mature democracy underpinned by the Rule of Law that such debates can occur.”

Reform, which I accept that the right hon. Member for Tottenham takes issue with, is not, we would submit, automatically to be rejected. Many arrangements can benefit from a considered examination, and the Chair of the Select Committee made that point particularly powerfully. The independent—I stress the word “independent”—review of administrative law endeavours to look at that, but let me say this: the baby will not be thrown out with the bathwater. Judicial review is at the heart of the rule of law in this country. It allows citizens to challenge the Government and other public bodies. The Lord Chancellor is clear that the Government need to be challenged.

I listened to the points made by the hon. and learned Member for Edinburgh South West about the panel to which she referred, which had a former Supreme Court judge, Dominic Grieve, Lord Howard and others—including Jessica Simor, I think. Reference was made to ouster clauses, and I want to make the point that there is nothing in the relevant sections that seeks to ouster completely judicial review. Indeed, if a challenge were brought on the basis of procedural impropriety or all the other familiar grounds, those are not ousted. It is important to keep those concerns in proper context.

On the provision of resources, I know the Lord Chancellor is personally committed to supporting the courts through this pandemic. I mention that because it is part of his oath—adequate resources. My hon. Friend the Member for Aylesbury (Rob Butler) was absolutely right. People seem not to have picked up this point, but the magistrates courts are doing an incredible job. Since the end of July, disposals have exceeded receipts, and that is to their great credit. We accept that it is much more difficult in the Crown court, but the boost that has gone into increasing the amount of technology in the system, and indeed the maintenance budget, is very welcome. It replicates a tripling of funding. We are making progress across all jurisdictions. The scale of the challenge is unprecedented, even if the current volume of cases is not, and it could be necessary to look to further creative solutions in the future.

I shall turn to UKIM in the minute that I have left available to me. The hon. and learned Member for Edinburgh South West is right: Catherine Barnard did say that the very existence of the Bill is a breach of duty of good faith. She said there is a strong argument to that effect, but, respectfully, there are strong arguments in all sorts of directions. As the Chair of the Select Committee said, that is not of itself dispositive.

Before turning to part 5 of the Bill, let me state in general terms that the Bill has been designed to offer businesses the certainty they need and to protect trade and jobs in every part of the UK. I do not accept for a moment that it undermines the devolved settlement, notwithstanding the powerful points that were made. When the hon. and learned Member for Edinburgh South West mentioned Donald Dewar, I pause to recall that, yes, he is sometimes referred to as the “father of the nation”. However, I remember his son saying of his father, with great power, in a 2014 article in the Daily Record:

“If he was with us today, dad would be an eloquent and passionate campaigner for Scotland to keep her place within the union.”

I hope the hon. and learned Lady will forgive me for making that point. The key point about part 5 of the Bill was set out by the Government on 17 September. It would be used

“only in the case of, in our view, the EU being engaged in a material breach of its duties of good faith or other obligations, and thereby undermining the fundamental purpose of the Northern Ireland Protocol.”

Let me close by thanking the hon. and learned Member for Edinburgh South West for securing this important debate. On a personal note, I am very pleased that the Lord Chancellor is in post. He has practised as a lawyer and served as a recorder, and he understands the law’s central role in a fair, free and ordered society. The rule of law matters, and the Lord Chancellor has an unshakeable commitment to uphold it.

[Derek Twigg (in the Chair)]

Joanna Cherry, you have nine seconds.

Oral Answers to Questions

Debate between Derek Twigg and Alex Chalk

Tuesday 14th July 2020 Commons Chamber

[Derek Twigg (Halton) (Lab)]

If he will undertake a review of the process of appealing a coroner’s decision not to hold an inquest.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

We recognise the importance of bereaved families being able to seek an independent review of a coroner’s decision. Section 13 of the Coroners Act 1988, as amended, provides for the Attorney General to make or authorise an application to the High Court to consider whether an inquest should be held where a coroner has not held one. Individuals can also bring claims for a judicial review of a coroner’s decision. The Justice Committee has recently opened an inquiry into the coroner service, and we will consider its report and recommendations.

[Derek Twigg]

The new senior coroner for Merseyside has agreed an inquest into the death of Laura Higginson in my constituency. The family’s request for an inquest under the previous coroner was turned down, despite new evidence being available. If the original decision had not been changed, then the family’s only option would have been to resort to a judicial review. Will the Minister look again at repealing section 40 of the Coroners and Justice Act 2009 to see whether we could have a much easier and less expensive way of families being able to challenge coroners’ decisions?

[Alex Chalk]

I thank the hon. Gentleman for his campaigning work in this regard. He is absolutely right that Mrs Higginson’s sad death in 2017 is now subject to an inquest, for the reasons that he indicated. I thank him for the parliamentary questions that he has submitted on this issue. It is not absolutely right to say that the only option is a judicial review. For the reasons that I indicated, people can petition the Attorney General, and indeed the Solicitor General, for that to take place. But he raises an important issue, and of course we keep this under consideration. I cannot tell him that there are immediate plans to do as he suggests, but we will of course consider it.