Belhaj and Boudchar: Litigation Update
Debate between Joanna Cherry and Jeremy Wright(6 years ago)
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Joanna Cherry (Edinburgh South West) (SNP)
It is a pleasure to see you in the Chair, Mr Deputy Speaker. I thank the Attorney General for the tone of his statement and for generously giving me advance sight of it. His statement acknowledges that a previous UK Government were complicit in the abduction, detention and rendition to Gaddafi’s Libya of a man who was an opponent of that vile regime. That is particularly shocking to us when we remember that the blood of so many innocent civilians, including British civilians, was on Gaddafi’s hands. The extraordinary rendition of Mrs Boudchar makes this even worse, particularly as she was pregnant at the time. I pay tribute to her fortitude in pressing this claim and in being here today.
The UK Government’s complicity in these events is shameful and is a gross breach of international humanitarian law, human rights and the rule of law. I am pleased that the Attorney General has acknowledged that lessons must be learned and sought to give us some reassurance for the future. May I ask him three questions? Will he specifically assure the House that such an occurrence could not take place again under a UK Government? Will he assure this House that in future information will not be shared with so-called international partners who flout international law and human rights? Can he tell us whether the investigations that have gone into settling this claim have uncovered whether what happened was part of the dark side of Tony Blair’s deal in the desert with Gaddafi in 2004?
The Attorney General
May I start at the end, but first express my gratitude to the hon. and learned Lady again for her remarks and the tone of them? She will understand that I cannot comment in detail about the position on the behaviour of the former Prime Minister and his Government. I am sure she will expect that Tony Blair has been told about the outcome of this process, and that is the case, but I cannot comment further on what happened during the course of his Government.
The other two questions the hon. and learned Lady asks are about the future, and she raises concerns that the whole House will have about how certain we can be that this will never happen again. The best that I can do is to restate the points that I have made about the changes that have occurred. She will be conscious of the substantial difference that the changes that I have described have made, not just to the processes that the Government apply in such cases but to the approach that they take to them. Formality needed to be brought back into these processes, and it is now there. The hon. and learned Lady will know that as Attorney General I am now a full member of the National Security Council; for me, that is a clear indication of the seriousness with which the Government take the questions of legality and the rule of law that must of course be at the heart of these judgments.
On the broader picture, the hon. and learned Lady will recognise that it is vital that the British Government and their agencies are able to recover intelligence that enables us to keep the British people safe, and it is difficult to give the absolute assurances that she seeks. The best that any Government can do is put in place the processes and practices that mean that the right values are applied to the judgments that we have to take, including in what are very difficult cases. I hope I have been clear that on this occasion we did not get those judgments right. We must do better in future.
Leaving the EU: Scotland and Wales Continuity Bills
Debate between Joanna Cherry and Jeremy Wright(6 years ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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Joanna Cherry (Edinburgh South West) (SNP)
(Urgent Question): To ask the Attorney General if he will make a statement on the Government’s position on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill and the Law Derived from the European Union (Wales) Bill.
The Attorney General (Jeremy Wright)
The continuity Bills—that is, the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill and the Law Derived from the European Union (Wales) Bill—passed, as the hon. and learned Lady knows, through the Scottish Parliament and the Welsh Assembly on 21 March. As she also knows, the Scotland Act 1998 and the Government of Wales Act 2006 provide the Law Officers with the power to refer to the Supreme Court the question whether devolved legislation falls within legislative competence. That power enables us to fulfil our constitutional roles in upholding the rule of law and monitoring the boundaries of the devolved settlements in the interests of legal certainty.
The continuity Bills raise serious questions about legislative competence that need to be explored. That is apparent from the view of the Scottish Presiding Officer at introduction that the Scottish Bill was not within the legal scope of the Parliament, and the recognition of the Presiding Officer of the Welsh Assembly that the assessment of competence in relation to the Welsh Bill was not a “straightforward” decision,
“as it was recognised that there are significant arguments both for and against legislative competence existing for this Bill.”
The key purpose of the European Union (Withdrawal) Bill before this Parliament is to provide certainty across the UK on day one after exit from the EU, and the Scottish and Welsh continuity Bills would frustrate that objective. If the continuity Bills were to become law, there would be impacts not just on the Governments and legislatures but on the widespread understanding of and confidence in UK law after exit. The UK Government and the Scottish and Welsh Governments therefore agree that the best place for the provisions to ensure legal certainty after exiting the EU is in the EU (Withdrawal) Bill, and we are working hard across Governments to reach an agreement on how that might best be achieved.
However, the four-week statutory limit for making a reference closed yesterday, and an agreement has yet to be struck, so the Law Officers have made references to the Supreme Court in relation to both Bills, as a protective step in the public interest towards upholding legal certainty. This is therefore now a matter for the Supreme Court to determine. However, I remain hopeful that the ongoing negotiations with the devolved Administrations will result in an agreement. It is clear that that would be the best outcome for all involved. Should an acceptable agreement be reached and should the Scottish and Welsh continuity Bills consequently not take effect, the UK Government would seek to withdraw the references.
Joanna Cherry
I thank the Attorney General for his answer. These combined challenges are unprecedented in the 20-year history of devolution. Indeed, it is the first time that the UK Government have challenged legislation passed by the Scottish Parliament.
The Scottish Parliament’s Bill was passed by an overwhelming majority of 95 votes to 32. Only the Tories and one Liberal Democrat did not support the Bill. The rest of the Parliament—the Scottish National party, the Labour party, the Greens and the rest of the Lib Dems—supported the Bill. Scottish Ministers are satisfied that the Bill is within the legislative competence of the Scottish Parliament. In that view, they have the support of Scotland’s most senior Law Officer, the Lord Advocate.
The purpose of the Bill passed by the Scottish Parliament is to prepare for the consequences for devolved powers of UK withdrawal, and it is designed to work with the Westminster EU (Withdrawal) Bill. Can the Attorney General tell the House why this Tory Government are seeking to defeat a Bill in the courts that they could not defeat by democratic means in the Scottish Parliament? Does he agree that working with the Scottish Government and Parliament to resolve those political differences is preferable to resorting to law? Does he appreciate that this will widely be seen as an attack on the Scottish Parliament and the democratic legitimacy of the devolved settlement? Finally, how much will this cost and who will meet the legal costs?
The Attorney General
I agree with the hon. and learned Lady that the situation is unprecedented. She is right that no reference to the Supreme Court about Scottish legislation has previously been brought. However, she will recognise that that is not the only unprecedented factor here. As she knows, it is also the first time the Scottish Parliament has been prepared to proceed in the face of the advice of its Presiding Officer that the Bill is not within its competence. History is being made in more than one way.
I recognise that, as the hon. and learned Lady said, the Lord Advocate is of the view that the Bill is within competence, and I am heartened by her confidence in the unassailable wisdom of Law Officers, but she will recognise that his is not the only view and that legitimate questions have arisen about the Scottish Parliament’s competence to pass the legislation. Law Officers in the United Kingdom, in accordance with our powers under the devolution settlement, are seeking to refer those questions.
The hon. and learned Lady says that the continuity Bills mirror the European Union (Withdrawal) Bill, but she will recognise that there are significant differences between them. Those differences create the difficulty about legal certainty. We cannot have two versions of rules operating at the same time. That needs to be resolved.
Finally, the hon. and learned Lady said that we are seeking to defeat a Bill in the courts that we could not defeat in the Scottish Parliament. I gently point out that a substantial part of the Bill that was certainly passed in the Scottish Parliament was a rerun of amendments that she sought and failed to get passed in this House. As I said, there is more than one way of looking at the position. I hope that she and her colleagues would accept that there is a legitimate dispute, at least about competence, and that it is in accordance with the devolution settlement that the Supreme Court resolves it, unless we can do so by negotiation. I fervently hope that that is the case, because I agree with her that that would be a far better way forward.
Oral Answers to Questions
Debate between Joanna Cherry and Jeremy Wright(6 years, 1 month ago)
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The Attorney General
My hon. Friend is right. One of the things that we rather suspect led a great number of our fellow countrymen and women to vote for European Union exit was exactly that prospect.
Joanna Cherry (Edinburgh South West) (SNP)
My hon. Friend the Member for Glasgow Central (Alison Thewliss) asked the Attorney General to comment on clause 6 of the EU (Withdrawal) Bill. It is not just the Scottish Parliament that thinks that clause 6 is inadequate. Yesterday, the President of the United Kingdom Supreme Court told the House of Lords Constitution Committee that clause 6 as it stands is “very unhelpful” and that it could leave the judiciary at risk of
“appearing to make a political decision”.
What is the Attorney General going to do to address not just the concerns of the Scottish Parliament, but those of the President of the UK Supreme Court?
Oral Answers to Questions
Debate between Joanna Cherry and Jeremy Wright(6 years, 10 months ago)
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The Attorney General
I certainly think that the Serious Fraud Office has an important role to play in doing what it can to deal with economic crime, as of course do other agencies. As for the future, we are looking carefully at how we can improve performance in tackling economic crime across the whole range of organisations that do that work.
Joanna Cherry (Edinburgh South West) (SNP)
During the election campaign, the Prime Minister said that she was going to rip up human rights in order to fight terrorism. Can the Attorney General confirm that he has advised his Cabinet colleagues that there is nothing in the Human Rights Act 1998 or in the convention on human rights that would prevent the Government from taking a robust approach to terrorism, and that this plan to rip up human rights will be shelved?
The Attorney General
No, the Prime Minister said nothing of the kind. Let me read out exactly what she did say, which was that
“we should do even more to restrict the freedom and the movements of terrorist suspects when we have enough evidence to know they present a threat, but not enough evidence to prosecute them in full in court. If our human rights laws stop us from doing it, we will change the laws so we can do it.”
That seems eminently sensible, and something we should all agree with.