Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 2nd February 2017 Commons Chamber

[The Attorney General]

My hon. Friend makes a good point. There are many people within the system, both defendants and witnesses, who have mental health difficulties and it is important that the system is sensitive to that. What we need to do is understand better what the particular needs of each witness may be and then respond to them as best we can. The way to do that is to have the maximum number of tools available and ways in which evidence can be given, whether that is pre-recorded cross-examination, as I have mentioned, or the assistance of others in court who can help those who give evidence.

[Mr Philip Hollobone (Kettering) (Con)]

Will the Attorney General ensure that no witness or defendant can give evidence to a court while wearing a full-face balaclava or the burqa?

[The Attorney General]

What is important is that the court and in particular the jury can assess the evidence that a witness gives, so it is important that that witness is able to give evidence in a clear way, so that a jury can assess whether they think that witness is telling the truth or not. Anything that gets in the way of that, I am sure the court will wish to consider very carefully.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 27th October 2016 Commons Chamber

[The Attorney General]

As the hon. Gentleman will anticipate, I am not going to prejudge the outcome of the negotiations and discussions we will have. It is of course right that the European arrest warrant and other measures like it are of huge benefit not just to this country but to our European partners as well. For that reason I am optimistic that we will be able to put in place measures that benefit both sides.

[Mr Philip Hollobone (Kettering) (Con)]

Once we are freed from the freedom of movement rules, will the Crown Prosecution Service seek to prosecute EU nationals who commit crimes in this country and to ban them from returning to this country, which we are not able to do at the moment?

[The Attorney General]

My hon. Friend will know that at the moment the CPS does indeed prosecute European nationals who commit crimes in this country. Some of the measures I have just described are of assistance not just in returning those individuals to be tried in this country but in gaining the evidence necessary to secure their conviction. As for the measures taken thereafter, sentencing decisions are of course for the courts. We will look carefully at what other measures might become available to the courts once we have left the European Union.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 21st July 2016 Commons Chamber

[The Attorney General]

No, I do not think there is any confusion. We must ensure that there is clarity about the United Kingdom’s position going into the negotiations, and that we have done that work before we begin them. As the hon. Gentleman knows, it is for the United Kingdom Government to determine the point at which article 50 is triggered. We should do so when we are ready.

[Mr Philip Hollobone (Kettering) (Con)]

Will the Attorney General tell my constituents in Kettering what invoking article 50 means? What is article 50? Where is it kept? Is it in a secret drawer in the Prime Minister’s office to which only the Attorney General has the key? Is it a letter that the Prime Minister signs, or is it the Queen who signs it? How will article 50 be invoked?

[The Attorney General]

I can assist my hon. Friend and his constituents to this extent. Article 50 is article 50 of the treaty on European Union and therefore copies of it are kept in all sorts of places. I am not sure whether there is one in my desk, but what it says is:

“A Member State which decides to withdraw shall notify the European Council of its intention.”

As I have said, it will be for the UK Government to do that at a time of their choosing.

European Convention on Human Rights: UK Membership

Debate between Jeremy Wright and Philip Hollobone

Tuesday 26th April 2016 Commons Chamber

[The Attorney General]

The hon. Gentleman draws attention to an undoubted positive change, and there have been others. But he is wrong to minimise the role of our own courts and, indeed, of democratically elected Governments of all political colours in making such changes. It is wrong to suggest that the only way in which we can achieve outcomes such as the one he described is to pursue the status quo on human rights law. That is not the right approach.

[Mr Philip Hollobone (Kettering) (Con)]

The Prime Minister said that he felt “physically sick” at the ECHR’s proposals to give prisoners voting rights. My constituents in Kettering are increasingly fed up with Europeans lecturing us on human rights when were it not for this country, our Dominions and our empire, who stood alone in 1940, there would be no human rights at all on the continent of Europe, let alone a convention. Many of us on the Conservative Back Benches do not recognise the conflict that many members of the Cabinet are struggling with between membership of the European Union and membership of the convention—we would be very happy to leave both.

[The Attorney General]

I understand my hon. Friend’s position very clearly. He is right, of course, that that record of protection of, and respect for, human rights, and indeed of fighting on behalf of those whose human rights may be being infringed, is a proud and long-standing one. That will not change.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 14th April 2016 Commons Chamber

[The Attorney General]

First, I should say that I have boundless faith in the ingenuity and entrepreneurial spirit of our legal professions, and I am sure that they would find a way through. However, the hon. Lady is right to say that there would be considerable uncertainty after any departure from the European Union, at least in part because there is a regulatory structure in this country that substantially depends on European regulation. We would have to decide how much of that to keep and how much we wished to change. She might also know that Professor Derek Wyatt, one of the leading experts on European law, recently gave evidence to the House of Lords European Union Committee. He said that

“it will take years for Government and Parliament to examine the corpus of EU law and decide what to jettison and what to keep”.

That is one of the reasons the Government believe that we are better off remaining within the EU.

[Mr Philip Hollobone (Kettering) (Con)]

Given my right hon. and learned Friend’s immense legal brain and huge legal capabilities, will he confirm to the House that he would want to remain as Attorney General should this country vote to leave the European Union so that he personally would be best placed to negotiate a super-duper British exit agreement in double-quick time?

[The Attorney General]

I have nowhere near my hon. Friend’s faith in my abilities, but I do think that it remains in Britain’s best interests to stay within the European Union. However, if the British people decide that we should leave, the British Government will continue to do their best for the British public.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 14th January 2016 Commons Chamber

[The Attorney General]

My hon. Friend, too, will recognise that these matters will be debated fully in the course of the referendum campaign. I know he will play a full part in that campaign. Of course, in relation to both Ireland and Denmark, international agreements were reached and subsequently enacted. The Government and the public will of course wish to consider that, if that is the outcome of the renegotiation.

[Mr Philip Hollobone (Kettering) (Con)]

Were this country to vote to leave the European Union, would the Attorney General’s advice to Her Majesty’s Government be that the article 50 direction ought to be tabled straightaway so that the negotiations for our exit, which the British people would have so willed, could begin straightaway?

[The Attorney General]

My hon. Friend will recognise that we are some way away from that. I know he will also recognise that, as I said in my initial answer, I cannot discuss in the Chamber or elsewhere legal advice that I may or may not give to the Prime Minister. I hope my hon. Friend will therefore forgive me for not doing so now.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 26th November 2015 Commons Chamber

[The Attorney General]

My hon. Friend will realise, of course, that that particular resolution was secured with the unanimous support of the Security Council. What it indicates is that all necessary measures should be taken in order to counter ISIL. As I have said, it is important to recognise that the legal basis for action here, which the Prime Minister will set out today, is not dependent on the presence of a Security Council resolution, but I think that what has been agreed in the Security Council underlines the case that we are making, which is that action should be taken and that there is a lawful basis for doing so.

[Mr Philip Hollobone (Kettering) (Con)]

President Hollande has said that France is at war with Daesh, but my understanding is that no one has formally declared war on anyone. Will the Attorney General advise the House on the merits and demerits of a formal declaration of war?

[The Attorney General]

I think we must be very careful not to dignify Daesh with a status it does not deserve. It seems to me very clear that what we are doing here is setting out a basis under which this country is entitled to defend itself from what constitutes an armed attack, or the threat of such, not just from other states, but from terrorist organisations. In my view, Daesh falls firmly into the latter camp.

Oral Answers to Questions

Debate between Jeremy Wright and Philip Hollobone

Thursday 15th October 2015 Commons Chamber

[The Attorney General]

As the hon. Gentleman has heard me say to the Select Committee, I would certainly expect to see the proposals before they are published. He is right, of course, that the devolution consequences of any changes that might be made are significant or potentially significant, depending on what is done. I am afraid that, until we see what is proposed, it is difficult to assess exactly what those consequences might be.

[Mr Philip Hollobone (Kettering) (Con)]

When my constituents say, “Philip, we voted Conservative because we wanted to get rid of the Human Rights Act, when is it going to happen?” what should I tell them?

[The Attorney General]

My hon. Friend can tell his constituents, as we should all tell our constituents, that manifesto promises matter, and this Government intend to honour their manifesto. Of course, a manifesto does not all have to be delivered in the first six months of government. We will seek to do so as soon as possible. I know that the Justice Secretary and his colleagues are working very hard on bringing forward proposals.