Justice and Security Green Paper

Debate between Lord Clarke of Nottingham and Jessica Lee

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

There has been the one case, the Binyam Mohamed case, which we have touched on, but unsurprisingly no one here has touched on the growing number of cases under the so-called Norwich Pharmacal procedure, on which we make recommendations. It is important that we do not find that the interests of the particular parties lead to highly sensitive intelligence material just getting into the public domain. Having consulted the judiciary, and from my experience of them, I have to say that it is actually wrong to argue that they are indifferent to the needs of national security; they accept that we need clear reform of our processes. We had been waiting for some Supreme Court cases before we produced our final proposals in this Green Paper, and the judiciary think it is time for Parliament to make clear how the processes can be modified to enable them to protect justice and liberty on the one hand and national security on the other.

[Jessica Lee (Erewash) (Con)]

Will my right hon. and learned Friend please set out the position in respect of Northern Ireland? It is of course a part of the United Kingdom, and it bears the scars of conflict all too well, so will these measures be applicable in Northern Ireland?

[Mr Clarke]

It is very important that my hon. Friend raises this issue. We have indeed consulted the Northern Ireland Office. The issue applies to Northern Ireland, and these matters come up frequently in the Northern Ireland context. In the course of our consultation on the Green Paper, I expect that we will receive quite a lot of representations based on the experience there.

Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Jessica Lee

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

The Prime Minister, other colleagues in the Government and I have all had perfectly reasonable discussions about the criminal justice system. We all presented a package of proposals for consultation and we are presenting the same package today in response to that consultation. This is a sensible way of running a Government. I realise that politics has become a branch of the celebrity culture, but the idea that what is really interesting is whether the Prime Minister and I are arguing or whether the Prime Minister and I are agreeing is largely obscuring what I think is an extremely positive package of proposals which, after consultation, is better fitted to meet the aspirations that we all had when we embarked on the policy in the first place.

[Jessica Lee (Erewash) (Con)]

It is a sad fact that half of adults leaving prison are reconvicted within a year of release, a legacy of the previous Government. I therefore welcome the proposal for a work programme for offenders in prisons. Does my right hon. and learned Friend agree that this should surely provide prisoners with a brighter future and prevent them from becoming a menace to society again, not least to the law-abiding citizens of Erewash?

[Mr Clarke]

I agree entirely with my hon. Friend. The figure she repeats—one in two ex-offenders will be caught and convicted within a year of leaving prison—is truly extraordinary. I agree that proper change is needed. We need to protect the public from the worst of that, and where prisoners have the gumption to respond and try to get themselves out of their way of life and become honest citizens again, we should make more of them do so. I am sure that that would be appreciated in Erewash, as it would across the rest of the country.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Jessica Lee

Tuesday 29th March 2011 Commons Chamber

[Jessica Lee (Erewash) (Con)]

9. Which organisations he has met to discuss the draft Defamation Bill.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Prior to the publication of the draft Defamation Bill, my Department carried out informal consultations with a wide range of interested parties. Since the draft Bill was published on 15 March my right hon. Friend Lord McNally has held meetings with a number of these parties to discuss their initial reactions to the draft Bill, and further meetings will take place during the consultation period.

[Jessica Lee]

In explaining the difficulties of defamation litigation to my constituents in Erewash, does my right hon. and learned Friend agree with the President of the Supreme Court, Lord Phillips, who stated that when defamation cases can be so complex,

“jury trial simply invites expensive interlocutory battles”?

[Mr Clarke]

I agree with my hon. Friend and her quotation. Jury trial is rarely used in defamation cases, but it greatly adds to the length and the cost when used, so there is a wide consensus that it is not usually appropriate. It also cuts out the ability of the judge to settle a lot of preliminary points before going on to the full hearing, in a way that cuts down costs and speeds up justice for all parties. So far, there has been a favourable reaction to our proposals that in defamation cases there should be a presumption against jury trial. That has nothing whatever to do with the coalition Government’s commitment to the use of jury trial in criminal cases.

Reforming Civil Justice

Debate between Lord Clarke of Nottingham and Jessica Lee

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

I will certainly consider that, and I am interested to hear about my hon. and learned Friend’s knowledge of the American experience. We are certainly seeking to extend mediation considerably, and we are consulting to see how far we can go in getting people to contemplate mediation before deciding which cases cannot be resolved that way and so have to go to ordinary litigation. I am glad that he welcomes that; we certainly wish to see a considerable extension of mediation and we will go as far as is sensible.

[Jessica Lee (Erewash) (Con)]

I declare my interest as a family lawyer.

Constituents involved in these proceedings are often frustrated about the length of the court process. They can be involved for a long time only for the case to be settled at the door of the court. Will my right hon. and learned Friend set out the steps being taken to case-manage matters at the earliest opportunity?

[Mr Clarke]

The new portal process should significantly speed up a very high proportion of cases. We will certainly continue to address the real point that my hon. Friend makes as we go on to consult. Quite apart from the dread of the cost, the main experience members of the public have of the courts, be they criminal or civil, is the astonishing amount of time they are likely to waste in abortive visits during a slow-moving process. They will often have to attend the court building needlessly on occasions when the court is adjourned before they can get to be a party, a witness, a juror and so on. I therefore appreciate the spirit of my hon. Friend’s question and we are certainly seeking to address it in this consultation process.