Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Tuesday 3rd July 2012 Commons Chamber

[Mr Clarke]

I agree entirely with my hon. Friend. We addressed that during our chairmanship of the Council of Europe. We had a conference at Brighton of all 47 member states and produced the Brighton declaration. Our considerable achievement there was not very widely reported because, not surprisingly, the media regarded it as a footnote to the Abu Qatada case which was in the newspapers at the time. Forty-seven countries agreed that we should have a greater margin of appreciation, to use the jargon, and that more regard should be paid to those decisions of the courts of nation states which had obviously addressed their obligations under the convention. That will have a considerable impact on future cases.

[Dr William McCrea (South Antrim) (DUP)]

Is it not long overdue that the Government move to ensure that the courts of the United Kingdom, rather than the European Court, have supremacy in the area of human rights, including protection of Christian liberties and freedoms?

[Mr Clarke]

We are taken to the Court much less than other members and we lose only about 2%. Sometimes that 2% includes cases where there is widespread support here for the decision, such as the holding of DNA and other information belonging to people who have never been convicted of a criminal offence, which was a recent judgment. The convention still has a very important role to play across Europe. It is hugely significant in the 47 member states and it enables standards to be applied in places all the way from Russia, Turkey and Azerbaijan across to us and Iceland. We have always been subject to the rule of law. We have always bound ourselves under the convention to accept the judgments. These are the standards that we all agreed upon after the second world war, which were not challenged in this country till 10 or 15 years ago, when some judgments here began to annoy sections of the media.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Tuesday 13th March 2012 Commons Chamber

[Mr Clarke]

I am glad to know that my hon. Friend is, as ever, on the side of moderation—he suggests not necessarily leaving or remaining, but temporarily withdrawing, which is obviously in his opinion the middle path. I am awaiting the advice of the independent commission that we have appointed, which I have not interfered with at all, and which is seeking to get to some conclusions. I am also awaiting the results of negotiations with 47 other countries that are signatories to the European convention on human rights.

[Dr William McCrea (South Antrim) (DUP)]

Does the Justice Secretary agree that, no matter how much sympathy we have for the personal suffering of our fellow men and women, only Parliament can change the law of murder and permit someone to take their own life by their own hand or to be assisted in doing so by doctors or others?

[Mr Clarke]

That is rather relevant to a case that is currently being heard and I do not think I can possibly comment on it. I await with interest the judgment, as the case has been allowed to be taken to the High Court of Justice.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Tuesday 31st January 2012 Commons Chamber

[Dr William McCrea (South Antrim) (DUP)]

Many innocent victims of crime feel isolated and dissatisfied at the end of the justice process. Will the Secretary of State assure me that protection of, and justice for, the victim will be fundamental to the reformed criminal justice system?

[Mr Clarke]

I hope that I can assure the hon. Gentleman and that he will have the opportunity to study the consultation document I published yesterday. I concede that there has been a steady process of improvement over the years, compared with the situation not too long ago, when victims were regarded simply as people who had to come to court if they were needed, but we still have not gone far enough. We must ensure that the experience of being in court does not add to a victim’s suffering, that all proper support is given to those who have been badly and lastingly affected by what has happened to them and that there is a proper system of compensation. The object of the criminal justice service must be to give proper service to the victims of crime.

Detainee Inquiry

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Wednesday 18th January 2012 Commons Chamber

[Mr Clarke]

The intention was that the Gibson inquiry would cover that aspect of the Libyan allegations, particularly the two allegations of rendition, that fitted with the terms of reference the inquiry already had for the Guantanamo Bay cases, but a lot of issues have been thrown up by the Libyan allegations and we will consider how best to handle them. Unfortunately, the Metropolitan police are bound to take months at least, I should have thought, so we have time to consider how best to handle these matters.

[Dr William McCrea (South Antrim) (DUP)]

I wholeheartedly agree with the statement that the Justice Secretary has made today, but how can we ensure that the security and intelligence agents who do such sterling work on our behalf are protected against false allegations against them?

[Mr Clarke]

I have never been able to protect anybody against false allegations but the easiest way of handling such allegations is to investigate them quickly and dismiss them. I have no doubt that allegations that turn out to be false will be quickly dismissed by Sir Peter Gibson and I hope that any future inquiry will get rid of malicious or politically motivated allegations, to which people who work in this field are bound to be exposed. However, that is not a description of the things now being looked at. The questions being raised here are serious and this issue calls for some explanation. We want the Libyan cases to be investigated very thoroughly and we look forward to the police conclusion and the results of a judge-led inquiry on the whole matter.

Justice and Security Green Paper

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

There is no question of having this in criminal cases—it would be quite impossible. A person could not be convicted on the basis of evidence that he was not allowed to hear and that was withheld from the public. The position will be the same after this as it is now—if evidence is not possessed that can be used in open court, the prosecution has to be dropped and cannot proceed. I share my hon. Friend’s sensitivities about any part of civil proceedings being closed—particularly, for example, in inquests, as I said a moment ago. However, I have come to the conclusion that that is less unsatisfactory than a situation in which the case cannot be heard in civil proceedings, so both parties go away, both claiming they are still right, and nobody has been able to hear all the evidence and give a judgment that, although not everybody will always accept it, will be of considerable reassurance to the general public if someone has heard it all and come to a conclusion.

[Dr William McCrea (South Antrim) (DUP)]

Does the Secretary of State acknowledge that it is vital that we have a common regime across the United Kingdom in dealing with the fight against terrorism? Given that, what talks will he have with the Department of Justice in Northern Ireland to ensure not only that there is a consistent approach but that there are no loopholes?

[Mr Clarke]

I think that the issues are exactly the same, in relevant cases, in all parts of the United Kingdom. Obviously the situation in Northern Ireland is particularly relevant to all this, so we have already consulted in Northern Ireland with the Justice Minister and others, and we will continue to do so. We are hoping to resolve problems that have been big in Northern Ireland for a long time, and we could not possibly have different principles applying on either side of the Irish sea.

Reforming Civil Justice

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

We are only consulting, so we are open to arguments about whether or not £15,000 is the right figure; we might put it up further, or we might be persuaded to take it down. I personally think that extending the small claims court jurisdiction is a very desirable thing to do, but it will not be extended to personal injury cases, because the small claims court is intended for quick and easy disposal of fairly straightforward cases. Too many personal injury cases would clog up the system which is meant to be quick and relatively informal and for straightforward disputes.

[Dr William McCrea (South Antrim) (DUP)]

Can the Justice Secretary assure the House that all the proposed changes will safeguard the innocent, protect the vulnerable and ensure that access to justice remains the cornerstone of our society?

[Mr Clarke]

Well, I hope I can answer yes to all those questions. We are talking about civil jurisdiction here; there is no criminal jurisdiction. I think civil justice should be quick, efficient and accessible to most members of society. As the hon. Gentleman will know, most ordinary people regard any question of being muddled up with litigation, or having to go to court, with mortal dread. Middle England—or middle Ireland—feels itself completely excluded from a civil justice system that exists for the very poor, the very rich or the big corporations. We are, I hope, moving in the direction of enabling the ordinary citizen to make some use of the civil justice system again, and without quite as much fear as most people have of it at the moment.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Lord McCrea of Magherafelt and Cookstown

Tuesday 19th October 2010 Commons Chamber

[Mr Clarke]

I recall that proposal in the coalition agreement. I think I mistakenly drew upon it a few moments ago when talking about drug treatments—I do not think we will be moving to that quite so rapidly. However, that is an important part of the coalition agreement, and I can only say at this stage that we certainly have not forgotten about it and are working on it. Undoubtedly, if we can set up a proper and, where necessary, secure treatment facility, it would perhaps be a better place to treat mental illness than an overcrowded prison.

[Dr William McCrea (South Antrim) (DUP)]

What discussions have been held between the Secretary of State’s Department and the devolved Administrations on this important issue? Are there any glaring variations between the training available across the different regions of the United Kingdom?

[Mr Clarke]

These matters are devolved. I have no doubt that we will look at good practice on both sides of the Irish sea from time to time to ensure that we benefit from what we each do. I am in regular contact with my opposite number in the devolved Northern Ireland Government, and I will try to take the opportunity to discuss these matters with him to see how we are both getting on.