Unduly Lenient Sentences

Robert Buckland Excerpts

Wednesday 6th December 2017 Westminster Hall

[The Solicitor General (Robert Buckland)]

Thank you, Mr Davies. Diolch yn fawr iawn. It is a pleasure to speak in the debate and I congratulate my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) on securing it. He and I worked together in Government on a number of issues relating to victims, and I pay tribute to him for his sterling work during his years of service. He continues that work as a senior Back Bencher, bringing important issues to the attention of the House. I thank all right hon. and hon. Members for taking part in the debate.

I think it was actually my right hon. Friend the Member for Hemel Hempstead who quite rightly said at the beginning of the debate that this is not a party political issue. In that spirit, I welcome some of the comments by the hon. Member for Torfaen (Nick Thomas-Symonds), who was right to remind us that, in the majority of cases, judges apply the law as consistently as they can, but that they are applying it on a case-by-case basis in an independent manner. I think all of us in the House and beyond want to see that when it comes to upholding the rule of law.

My hon. Friend the Member for Henley (John Howell) mentioned sentencing guidelines, which are a very important development in the law. That now means that, regardless of whether someone is sentenced in Truro or Merthyr Tydfil, there should be a consistency of approach; there sometimes was not in the past, quite frankly, and I think sentencing guidelines are helping to change that approach.

On the ambit of that scheme, I should remind hon. Members of its origins. It is only about 30 years of age, and it arose as a result of the famous Ealing vicarage case, in which the late Jill Saward was the victim of a horrendous rape. As a result of the outcry and the campaign that was launched, the law was changed in 1988 and the scheme was developed. It was originally very tightly constrained and applied only to a few very serious indictable-only offences, such as murder.

However, over the years it has developed in a somewhat piecemeal manner, and I readily accept that there are anomalies, inconsistencies and matters that need clarification, because the system, although I think it attracts a high degree of confidence from the public at large, could do with strengthening. I can think of no better way of strengthening it than by giving it more consistency, and therefore accessibility to members of the public who might wish to use it.

The scheme’s introduction was not without controversy. It is unusual, if not exceptional, for a member of the Executive, such as the Attorney General or me, to be able to request the judiciary to reconsider a matter that has been dealt with by a court. Rightly so; that needs to be carefully circumscribed. It is not a right of appeal; it is a right of referral, and I beg to suggest that there is a difference between the two. A referral is, if hon. Members like, like a safety valve that exists in the system to make sure that, where there has been gross error or the sort of sentence that no reasonable court should have passed, there can be intervention from a higher court in order to correct it.

Much has been made—I accept the comments by my hon. Friend the Member for North Devon (Peter Heaton-Jones)—of the threshold applied by the Law Officers in dealing with unduly lenient sentences. I think the threshold should be rigorous and should be high. My concern is that if we departed from the degree of information and evidence that is currently needed, we would end up in a situation in which judges would be routinely second-guessed in a way that I think would encroach on their independence. We have to be very careful about that when dealing with this system.

I take great pride in my work with regard to unduly lenient sentences. It is difficult work, and I am grateful to my hon. Friend the Member for Shipley (Philip Davies) for his work on it. There are cases in which something has quite clearly gone wrong and needs rectifying, and the Court of Appeal assists in that regard.

I find the most difficult cases to be the sort that my hon. Friend the Member for North Devon raised, in which, for example, a bereaved family have suffered the shock and horror of losing a loved one in a road traffic incident. As a result of that tragedy, nothing the court can actually do could restore that family to the position they want to be in. However, I accept his point that there is an inconsistency when offences of careless driving cannot be referred, yet an offence of careless driving where there is evidence of impairment through drink or drugs, for example, can be referred. He made his point very powerfully, and we are listening.

Similarly, my hon. Friend the Member for Shipley made the point about sexual offences committed in breach of trust. That is a very important and concerning anomaly, which again is one of the reasons why I prefaced my remarks by speaking about the need for clarity and consistency. Attractive though it might be to go down the line advocated by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), to extend the scheme in England and Wales to all offences in the Crown court and magistrates courts would be a step too far. That is why I am attracted by arguments that create consistency in the Crown court.

Let me look at the figures. It is the case that 12,800 or so indictable-only offences were sentenced in the Crown court last year. That is probably a pretty reasonable benchmark to start looking at the incidences of unduly lenient sentences. It does not include the either-way offences that might come to the Crown court or might be the subject of references, but it gives us an indication of the proportion of cases that are successfully referred.

The hon. Member for Torfaen went through some of the figures that we have. He is right to say that in the last year for which we have full figures, 837 cases were drawn to our attention and 190 of them were taken to the Court of Appeal, with an increase in 141 of the sentences. It seems to me, looking at the figures and doing the best I can, that over the last few years there has been a dramatic expansion in the number of cases brought to our attention and a roughly proportionate increase in the number of cases then successfully referred, so I do not think that my Department can be accused of playing politics with the role that we occupy. We apply the law very carefully, and I think that that important and proportionate rise indicates that we use our powers, as you would expect, Mr Davies, in a way that is consistent with our adherence to the rule of law.

I am glad that awareness of the scheme has been growing, because both the Attorney General and I, supported by our office, work very hard to ensure that that awareness increases. It is consistent with the principle of open and transparent justice that we work to ensure that news about successful references is publicised, particularly in local media. We undertake a round of interviews with local media and use social media to discuss these issues. As a result, the scheme’s profile continues to rise.

Both the Attorney General and I personally present cases in the Court of Appeal. Only a few months ago, I presented the case of Paterson, the breast cancer surgeon who was responsible for the mutilation of victims who were supposed to be in his care. In a week or so, I will go to the Court of Appeal to present another case of an unduly lenient sentence. I think it is important that the Law Officers, whenever they can, personally attend to present cases before that Court. I take particular pride in that role.

I remind myself that I was a sentencer. I sat as a recorder of the Crown court for years before I became Solicitor General. I therefore know the particular challenges that face judges who have to pass sentence, which allows me to understand in a particularly helpful way their position and the delicacy of the balance that needs to be struck.

I take the opportunity to remind everyone that of course anyone—any member of the public—may contact our office about an unduly lenient sentence. No special connection with the case is needed, and it only takes one request for a case to be considered. If there is a victim referral and I decide not to refer the case, a personal letter will be sent to that person, explaining carefully the reasons why. Communication is a very important part of the process, as the shadow Solicitor General said.

Let me move on to deal with reporting restrictions. Obviously, the starting point in all criminal proceedings is the open justice principle. In a very limited number of cases, as we heard, there are reporting restrictions, so in the new year, for a period of six months, we will pilot a trial of the Crown Prosecution Service referring all cases in which there is a restriction on the reporting of the sentence or sentences. That will allow the Attorney General or me to consider personally each case in which there is potentially unduly lenient sentencing, so that no sentence slips through the cracks in the way that my right hon. Friend the Member for Hemel Hempstead outlined.

For those reasons, I commend the unduly lenient sentence system to the House and ask that hon. Members carry on supporting it and promoting its effectiveness.

European Union (Withdrawal) Bill

Robert Buckland Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Peter Grant]

I am speaking to amendments on the amendment paper, if the right hon. Gentleman would care to look at them.

I have no great expectation that the Government will accept either Plaid Cymru’s amendment or the SNP’s proposed new clause, which will be decided at a later date, but I want to continue to remind them and their Back Benchers, as well as Opposition Back Benchers, that we do not have a final, irreversible decision on the single market. We might not even have an irreversible decision on the European Union, but we certainly do not yet have an irreversible decision on the single market and membership of the European economic area.

There is a way in which the Government can extricate themselves from the mess that they have created for us; end the torment of 4.5 million people who still do not have an absolute legal guarantee that their children will be allowed to finish at the school at which they have already started; ease the daily growing concerns of businesses the length and breadth of these islands that do not know whether they will be allowed to import raw materials or export finished goods; and ease the concerns of our public services that their essential workers, including care workers, nurses and doctors, may not be able to continue to move here to serve our people. It is all right for the bankers, of course, because there will be an exception for them. They will have free movement, but nurses, doctors and care assistants are apparently not important enough.

Even if, for political reasons, the Government cannot ask their Back Benchers to support amendments either today or during later Committee sittings, I ask them to think very carefully about what I am saying. There has not been a referendum to leave the single market, so the situation can be changed by the will of this Parliament and the support of the Government. They do not have to go back on their promise to respect the result of the referendum to leave the European Union, but they can reverse the headlong charge towards the cliff edge and make sure that the Bill actually delivers what it is supposed to deliver, and that means we have a soft landing instead of falling off the cliff edge in March 2019.

[The Solicitor General (Robert Buckland)]

I rise to speak in support of clauses 2 and 3. It is a pleasure to participate at Committee stage, which is one of my favourite stages of debate because it is a time when we can all can come together in a mature way to look at the detail of the Bill and debate it as grown-ups. May I say to my right hon. and hon. Friends on the Government Benches, and indeed to all hon. Members, that I certainly intend to take very seriously the points that have already been made, and those that will be made today, in future Committees days, and—I assure my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) of this—on Report?

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[Michael Tomlinson]

I thank my hon. and learned Friend for giving way so early in his remarks. Will he also reflect on: the Health and Morals of Apprentices Act 1802; the Factory and Workshop Act 1878, which was brought in by Disraeli; the 1901 Act brought in by Salisbury; and, if we wind forward to the former Prime Minister, David Cameron, rights, such as maternity and paternity rights, that far exceeded the EU’s minimum guarantees?

[The Solicitor General]

My hon. Friend’s point is well made. We are talking about centuries of progress. To bring things right up to date, the Prime Minister made a pledge in her Lancaster House speech, which was underlined in our manifesto—I can underline this again today on behalf of the Government—that the Brexit process will in no way whatever be used to undermine or curtail the rights of workers that are enshrined both in domestic law and in law by virtue of the European Union.

[Frank Field]

When the right hon. and learned Member for Beaconsfield (Mr Grieve) allowed me to intervene, I asked whether a consensus was emerging. New clause 50 states that all European laws and regulations would be brought on to our statute book by European exit time, but is the Minister saying that that will actually occur and that such an amendment is unnecessary? If that is the case, some of us will not have to move our amendments.

[The Solicitor General]

In a nutshell, I would say that the right hon. Gentleman’s amendment and those associated with it are indeed unnecessary. I will set that out in more detail when I come on to address his point and those made by the hon. Member for Greenwich and Woolwich (Matthew Pennycook), who spoke to the amendments very helpfully, if I may say so with respect.

[Stephen Doughty]

The hon. and learned Gentleman knows that I respect him. If we take him and what he is saying at face value, I do not think he has a lot to fear from new clause 55, new clause 25 or the other measures being proposed as they would simply secure what he is saying. However, does he understand why many of us have suspicions when we hear speeches about a low-regulation economy from Members such as the hon. Member for North East Somerset (Mr Rees-Mogg) that are then retweeted by the Department for International Trade? That is where these deep worries are coming from.

[The Solicitor General]

I absolutely understand the concerns of hon. Members on both sides of the Committee. The Government’s policy is clear, and I shall address in further detail where the Government stand on those amendments.

[Frank Field]

Will the hon. and learned Gentleman give way?

[The Solicitor General]

May I make some progress at this stage? I will certainly invite the right hon. Gentleman to intervene later, but I want to develop my arguments on the clauses.

Clause 2 preserves the domestic law we have made to implement our EU obligations. More specifically, the clause will preserve any domestic regulations made under section 2(2) of, or paragraph 1A of schedule 2 to, the European Communities Act 1972. Without clause 2, such legislation would lapse at the same time as the repeal of the 1972 Act, meaning that there would be substantial holes in our statute book on the day we leave the EU. The clause is therefore essential to preserve our statute book and provide certainty over what our law is. I think that all Members would agree that at the heart of the rule of law is the need for certainty. That was why the Prime Minister put that at the top of her list when she outlined her criteria in the Lancaster House speech, and it was why I campaigned very strongly on that when standing for re-election.

[Lady Hermon]

I am listening to the Minister very patiently. He, like other Members who have looked closely at the Bill, will know that clauses 2 and 3 both conclude with a key phrase:

“This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation).”

We cannot possibly consider clauses 2 and 3 without looking at schedule 1, which removes overnight the general principles of EU law such as non-discrimination, proportionality and respect for fundamental rights.

[The Solicitor General]

indicated dissent.

[Lady Hermon]

The Minister may shake his head and he may not agree, but that is in the Bill he is advancing in this Chamber.

[The Solicitor General]

With respect to the hon. Lady, I do not agree with her analysis. We will carry out more detailed scrutiny of clause 5 and schedule 1 at a later stage, but I reassure her that clauses 2 and 3 will create certainty which, as I have said, is vital.

We drafted clause 2 in a deliberate way. We have drawn it more widely than to cover just domestic legislation created under the 1972 Act as it will also apply to any other domestic primary or secondary legislation that implements EU obligations. It will apply to any related domestic legislation, any domestic legislation relating to law that will be retained under clauses 3 and 4, and indeed any domestic legislation that is otherwise related to the EU or the European economic area. That ensures that all that legislation will form a part of what we define as retained EU law.

We have done that for two reasons. First, it means that this legislation, where relevant, will be interpreted in the light of pre-exit case law—the case law of the Court of Justice of the European Union—and the general principles of EU law, which are provided for in clause 6. That is vital to ensure not only that we save the legislation, but that we provide for it to operate in precisely the same way as it did before, which will prevent legal uncertainty about how such provisions should be interpreted.

Secondly, our approach ensures that to the extent that deficiencies might arise in any legislation as a result of exit, they can be corrected under powers in the Bill. Saving the domestic legislation under this clause will therefore reduce the risk of uncertainty and increase continuity as to the law that applies in the UK. It will also mean that we avoid the famous cliff edge that many hon. Members are worried about when we leave the EU.

[Sir Oliver Letwin]

I do not want to pursue further the questions about clause 6—we will talk about them anon, and we talked about them yesterday—but while very many of us have no objection to anything my hon. and learned Friend says about the way in which existing law will be incorporated under clauses 2 and 3, does he accept that the issues raised by Members on both sides of the Committee are about the mechanisms by which the Bill seeks to achieve what he describes as correcting deficiencies, but could also be used to do much more than that? Does he therefore accept that the only thing we are currently debating is the mechanism to ensure that more than correcting deficiencies is not done by the technical means of statutory instruments under the negative procedure?

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[The Solicitor General]

That is the nub of it. I hope that I can reassure right hon. and hon. Members that the Government’s policy is very clear and delineated, and that this is not some out-of-control power grab involving the use of the Bill—this is a framework and process Bill—as a basis to change policy. That is not the intention of the Bill.

[Frank Field]

The Minister has persuaded me that I do not need to speak to or move new clause 51, which relates to the point raised by the right hon. Member for West Dorset (Sir Oliver Letwin). Given the general wish in the country to take power back, new clause 51 would provide a place where power is supposed to come back to—the actual authorities—and set the means by which we review what we want to keep, extend, amend and kick out. Will the Government allow us to decide the mechanisms by which we undertake that review?

[The Solicitor General]

I take issue with the mechanism in new clause 51, which would be rather burdensome and could increase uncertainty, which would not be good for businesses or citizens, but I will take the spirit in which the right hon. Gentleman tabled it very much to heart and mind when considering how to develop the ongoing dialogue about the means by which this place can sort the wheat from the chaff, if I may use that phrase.

[Frank Field]

I hope that this will be my last intervention. The purpose of the measure is to make sure that we all know that the task will be massive. I thought the idea preposterous that most of us would be prepared to give up all our other interests to participate in that mega review, which the right hon. and learned Member for Beaconsfield said might go on for 20 years, and I thought we could hand back quite a bit of it to the Government, providing we could keep hold of the reins.

[The Solicitor General]

The right hon. Gentleman is right to call this task mega. I remind the House that, according to the EU’s legal database, more than 12,000 EU regulations are currently in force here. As for UK domestic legislation, the House of Commons Library indicates that there have been around 7,900 statutory instruments implementing EU legislation. This is indeed a mega task—to coin his phrase.

[Geraint Davies]

I accept that there is no intention that the Bill takes away the rights and protections enshrined in EU law and that the Bill does not imply that they will be taken away. The problem is that the Bill enables future Governments to do so, and there is therefore a need to protect those fundamental rights and protections by providing that they can be amended only through primary legislation. They need to be separated from the great mass of technical stuff that can be sifted by the European Scrutiny Committee or other such turbo-charged Select Committees, which could look at the minutiae.

[The Solicitor General]

The hon. Gentleman has been a committed pro-European throughout his career. I enjoyed his YouTube videos during the campaign—[Interruption.] I look forward to starring in one. We must not forget, however, that the important sunset provisions in clause 7 limit the use of such powers to two years after 29 March 2019. Clause 9 is now sunsetted to a very restrictive interpretation with regard to the duration of its powers. I hope that that, together with the important policy statements we have made, and are making again today, will give the hon. Gentleman the comfort he is looking for. [Interruption.] He is chuntering away. With respect, perhaps he could hear me out. I am trying to give him the comfort he rightly seeks for his constituents and to reassure him that his fears are unjustified.

[Mr Kenneth Clarke]

My hon. and learned Friend accepts that the problem is that the Bill includes powers that could be used to make drastic reductions in environmental standards and other things without any proper parliamentary process. There is a widespread consensus among remainers and leavers that we do not want the powers to be used in that way. He sounds as though he is about to reassure us that the policy of the present Government is that although they are taking the powers, they have no intention of using them for such purposes. I have the highest regard for him—he is a personal friend—and I quite accept that a Government led by this Prime Minister is not about to use draconian powers to lower standards, as her instincts are quite the other way. Given that the powers are therefore not needed—we do not need a Bill to give us powers that no one wants to use—why can we not amend the Bill to put it beyond doubt that no such attempt will be made? Heaven forfend that my party should swing to the right at any time in its long and distinguished history, but there are members of the present Government who are not excessively fond of lizards and bats, or workers’ rights. We would all be reassured if he undertook to put in the Bill a reduced level of powers.

[The Solicitor General]

My right hon. and learned Friend knows that I hold him in the utmost respect—reverence even—but, having discussed the mega task that faces us with the right hon. Member for Birkenhead (Frank Field), I think he will agree that it is probably safer and wiser for the Government, with a belt-and-braces approach, to make sure that we do not have any slips between cup and lip, and that there are no lacunas or loopholes in the law that could actually endanger these protections and rights.

[Liz Kendall (Leicester West) (Lab)]

I share the concerns of the right hon. and learned Member for Rushcliffe (Mr Clarke). If the Government will not use the powers, why are they giving them to themselves? The Minister talks about dialogue and reassurance, but I have not heard anything practical from him about how he will change the Bill to address these concerns. What is he going to do?

[The Solicitor General]

I will come to that, but first I want to deal with the amendments tabled by the hon. Lady’s colleagues.

[Lady Hermon]

rose—

[The Solicitor General]

I need to press on, because other Members want to speak and I am mindful that you, Dame Rosie, want as many as possible to have the opportunity to do so.

[Lady Hermon]

rose—

[The Solicitor General]

I am sorry. I need to press on.

Clause 3 converts the text of direct EU legislation, as it operates at the moment immediately before we leave the EU, into our domestic law. Such existing EU law is currently given legal effect in our law via section 2(1) of the 1972 Act. Without clause 3, those laws would no longer have effect in domestic law when we leave and repeal the 1972 Act. Again, that would leave holes within our domestic law. More specifically, the clause converts EU regulations, as well as certain decisions and tertiary legislation, into domestic law. It also converts adaptations to instruments made for the EEA. The clause is necessary to ensure that we fully keep existing EU laws in force within the UK.

In general, these instruments, or parts of them, will be converted only if they are already in force before exit day, meaning that an EU regulation set to come into force six months after we leave will not be converted into UK law. However, some EU instruments will be in force but will apply only in a staggered way over time, with different parts applying at different times. In those circumstances, only those parts that are stated to apply before exit day will be converted.

[Robert Neill (Bromley and Chislehurst) (Con)]

I might be anticipating the Minister’s later remarks, but does that not leave us with a possible loophole when we have participated in the preparation of measures that have not yet come into force and we might regard as thoroughly desirable, but we cannot by any means bring them into force?

[The Solicitor General]

I will deal briefly with my hon. Friend’s amendment 356. As I was saying, we have some examples here, such as the EU’s fluorinated greenhouse gases regulations, which are stated as applying from 1 January 2015. They include prohibitions on placing certain substances on the market from specific dates, several of which fall after exit day. With respect, however, his amendment could create further confusion, because there needs to be one standard cut-off point at which the snapshot of law is taken, and that is why exit day should apply. When it comes to measures affected by the cut-off point, we will do whatever is necessary before exit day to provide certainty for business, including by bringing forward further legislation, if required, to cater for those particular situations. If I may return to develop—

[Margaret Greenwood ( Wirral West) (Lab)]

Will the Minister give way?

[The Solicitor General]

I will certainly take more interventions, but I am mindful of the time.

May I deal with clause 3? The clause converts only the English language version of the instrument. Other language versions will remain available, as they do now, for interpretive purposes. Finally, as hon. Members would expect, the EU instruments that have never applied in the UK will not be converted under the clause. That includes instruments in respect of the euro and measures in the area of freedom, security and justice in which this country did not choose to participate. Those exempt instruments are described in schedule 6.

[Margaret Greenwood]

The Government have said that they will guarantee existing employment rights derived from the EU, but the EU is also looking at proposals to extend those rights by, for example, requiring employers to give workers on zero-hours contracts a written statement of their pay rates and expected hours of work. Will the Government champion employment protection and require employers to give workers on zero-hours contracts a written statement of their terms and conditions?

[The Solicitor General]

The Government, through the Taylor review, have been committed to looking at all aspects related to zero-hours contracts, and this, post-exit day, will be a matter for the House and this Parliament to determine. It may well be that this or a future Government make changes of the sort that the hon. Lady and others are looking for. The fact that we are leaving the EU in no measure whatever rules out the potential for those changes to be made.

May I deal with—

[Lady Hermon]

rose—

[The Solicitor General]

I am sorry, but I need to make progress. I want to deal with the proposals tabled by hon. Members, including the Opposition spokesman.

I will say a little about how we will deal with converted law, which was raised by my right hon. and learned Friend the Member for Beaconsfield. Converted law will become domestic legislation. It will not automatically have the status of either primary or secondary legislation. Indeed, as has already been referenced, paragraph 19 of schedule 8 sets this out:

“For the purposes of the Human Rights Act 1998, any retained direct EU legislation is to be treated as primary legislation”.

We all know—including the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), the shadow Secretary of State—about the consequences in terms of incompatibility, the power of the courts and what the House can do to rectify legislation. I think that is an enhancement. It is a welcome initiative and I know the right hon. and learned Gentleman shares my view about that.

Where there are existing pre-exit powers to make subordinate legislation, which is capable of amending retained direct EU legislation such as converted regulations, the converted legislation is to be treated as secondary legislation for the purposes of scrutiny procedures under those pre-exit powers. In other words, we might bring something down to this place and transpose it. We used to use the term “gold plating”, but it has somewhat gone out of fashion now, and I think the Government improved their processes over the years. However, there have been powers to vary, and, in effect, that will be treated as secondary legislation—no change, really, because the House already had those powers with regard to scrutiny.

It follows, then, that where there are not pre-exit powers to make subordinate legislation, we will look case by case at the converted law and determine how it is to be treated. This is the point that has been made by my right hon. and learned Friend the Member for Beaconsfield and others: how are we to determine what is what? As I have said, I am keen to ensure that all concerns are properly listened to, and that when we come to further amendments on further days, the Government give full consideration to how to create that mechanism and in what form the House, and indeed the other place, would like it to be administered.

[Sir Oliver Letwin]

My hon. and learned Friend may be saying what I had hoped he was going to say. May I ask him to be a little more specific? Does he mean that, in due course and in their own time, the Government will come forward with—if I might put it this way—a triage amendment that settles a process for distinguishing between technical deficiency amendments and substantive amendments, and the way in which either is treated?

[The Solicitor General]

We are going to continue the dialogue, listening extremely carefully. Indeed, there might be a form of words that we can agree on that satisfies this place. Let us not forget that primary legislation is not the only way we can create this mechanism. There are Standing Order provisions of the House that the House jealously protects and preserves, and the Government are mindful of the need not to trespass on the exclusive cognisance of the House.

[Lady Hermon]

Will the Minister give way?

[Liz Kendall]

Will the Minister give way?

[The Solicitor General]

I think I must give way to the hon. Member for North Down (Lady Hermon), who has been waiting for me to allow her to intervene.

[Lady Hermon]

I am extremely grateful to the Minister, because I took him at his word. In his opening remarks, he said how much he welcomed consideration in Committee of any Bill because it allowed us to debate in an adult fashion, so I am grateful to him for, at long last, giving way.

May I seek clarification, without the Minister referring to his very complicated notes? People need to understand what is happening, and I would like him to explain, before anyone withdraws or decides not to press their proposal, how directly effective provisions of EU law will be safeguarded. These are rights that arise through EU jurisprudence, not from a directive or a regulation. I want guarantees from him that directly effective provisions are protected beyond the Bill.

[The Solicitor General]

One reason the hon. Lady has not heard me outline that concern in detail is that clause 4 is the sweeper clause and my hon. Friend the Minister of State, Ministry of Justice, will deal with that in the second part of the debate. I assure her that, by the end of today’s proceedings, her concerns will, I hope, have been addressed during the debate on clause 4.

I want to deal with the amendments, having, I hope, made—

[Mr Kenneth Clarke]

Will my hon. and learned Friend give way?

[Mr Grieve]

Will my hon. and learned Friend give way?

[The Solicitor General]

May I make progress? I would be grateful, as I need to make progress on the amendments. I think I have been more than generous in giving way. I will move on to try to ensure that I deal with all the points that have been raised.

May I deal first with health and safety legislation? There has been a lot of proper debate about that. The way existing powers are used—the way the UK meets its obligations to implement EU law—is most typically through regulations that are made under the 1972 Act, but regulations are also made under a range of other Acts for these purposes, sometimes in conjunction with the 1972 Act powers and sometimes not. For example, some health and safety regulations are made using the Health and Safety at Work etc. Act 1974 and the 1972 Act where the 1974 Act alone cannot provide the vires, or powers, for those regulations.

One example is the Control of Major Accident Hazards Regulations 2015. They are made for the purposes of health and safety and of environmental protection, the latter being outside the vires of the 1974 Act. Those regulations prevent and mitigate the effects of major accidents involving dangerous substances, which can cause serious damage and harm to the public and to the environment. The parts of the regulations made under the 1974 Act can continue to be updated after exit under existing powers conferred by that legislation.

As I have set out, clause 2 rightly takes a maximalist approach to preserving direct legislation. It sets it out that any domestic legislation that implements EU obligations or is otherwise related to the EU or the EEA will continue to have effect after our exit. The effect is that those regulations will therefore become retained EU law within the meaning given in the Bill. So it is absolutely right that after we have left the European Union, domestic powers granted by Parliament in other Acts can operate on what will become retained EU law, and as such will be our domestic law. This is so that appropriate changes can be made in future, in line with any domestic policy, where they are within the scope of those powers and the will of this place.

In contrast, the amendments would fetter powers across the statute book that Parliament has already delegated. Relying only on powers set out in this Bill to amend retained EU law would be insufficient and would defeat the purpose of what Parliament has previously set up in the 1974 Act, for example, and other Acts. As I have set out, these powers are in many cases very important and help to deliver functioning regimes. Each of them also contains its own limitations. Those limitations were agreed by Parliament when it agreed to create the powers in question.

--- Later in debate ---

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Minister has talked quite a lot about the purpose of this exercise being to provide continuity and certainty, but is it not the case that that will be true only on day one? He cannot guarantee any continuity or certainty on day 100 or day 1,000, but is not that, for many of his colleagues, the whole point of leaving the European Union?

[The Solicitor General]

The right hon. Gentleman is old enough and wise enough to know that, while this exercise of freezing the law in time on exit day has to be done, the law is a constantly evolving creature. None of us can stand here and bind the hands of our successors. What we can do, as men and women of good will seeking to achieve as sensible and smooth a Brexit as possible, is provide legal certainty. That is why I am here. That is why I have undertaken to try to deal with this task. That is why this Government are doing everything they can, within the time they have, to get this right.

[Mr Grieve]

I have been listening carefully to what my hon. and learned Friend has been saying. Again, there seems to be an overlap. There are issues about how Parliament conducts scrutiny, as my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) has mentioned. That is also covered in proposed new subsection (3) of my new clause 55. There is also the question about modifications to some areas of retained EU law taking place in any way other than by primary legislation, in the longer term. Keeping those two points in mind, may I invite him to go away and see, as the discussion continues, what the Government can come up with by way of a package involving those two elements that might commend itself to the House, bearing in mind the undertaking that he has given to look at this afresh on Report and for the Government to respond positively on Report to what has been said?

[The Solicitor General]

Yes, I am happy to do that. That is very much in the spirit what I have already said.

[Mr Wragg]

Will the Minister give way?

[The Solicitor General]

No, I would like to press on, if I may. I am mindful of the time, and I want to make sure that we get these points on record.

I want to deal with the points, which I hope hon. Members want to hear, about the Government’s commitment not only to workers’ rights but to consumer protection rights and environmental obligations—all of which have been very much a part of the work that we have done with our European partners during our 43 years of membership of the European Union. That does not change. I want to move on to some of the other amendments—

[Mr Kenneth Clarke]

I thank my hon. and learned Friend for giving way. This is quite an important issue. A moment ago, I thought that he was on the brink of saying that he would try to come back to the House on Report with the Government’s own legislative proposals to give effect to the good intentions that he has assured us the Government entirely share, but at the last moment he hesitated. When he said yes, was he committing the Government to putting in the legislation the best solution in response to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) in particular, so that we could all be assured that the Bill will leave this House in a way that we entirely unanimously accept?

[The Solicitor General]

I am committed to trying to achieve the best solution, whether it is in the Bill or in an amendment to Standing Orders. I will not presume to tie the hands of this place. I hope that my right hon. and learned Friend can take that as a clear assurance that I will do whatever I can to get this right.

The first and most important point to be made about new clause 15, tabled by the hon. Member for Nottingham East (Mr Leslie)—it has, I think, already been made by several other Members—is that we have strong rights and protections here, domestically, which are not contingent on our future membership of the EU. We have a proud record, and in many areas our standards far exceed the minimum standards required by EU law—for instance, entitlement to annual leave and maternity allowances. When we leave the EU, it will be for this Parliament and, indeed, the devolved legislatures to determine the law and the rights that apply here in the United Kingdom.

I must say to the hon. Member for Nottingham East, with respect, that in my view the new clause would impose an onerous and unnecessary duty on the Government. There will be nothing to stop future Governments of whatever hue, or future Parliaments when exercising their sovereignty, from considering any legislation that the EU or the European Economic Area may make. They need not be obliged to do that; it will be a matter that they can take into consideration. A requirement to report to Parliament each and every time the EU amended its rules would be excessively onerous, given the number of reports that might be made and considered.

Moreover, we do not want to give the inappropriate impression that the path followed by our European partners will always be the path that we as a UK Parliament should follow. While I am entirely supportive of many measures that ensure that we work, converge and keep pace with our European partners, there will of course be plenty of opportunities for us to forge our own path. That, after all, is what the vote was all about.

[Mims Davies (Eastleigh) (Con)]

I thank my hon. and learned Friend for giving way. He is being very generous with his time, and he is making a very useful and, I think, positive speech explaining how the Bill will deal with people’s concerns about the cliff edge and limitations. Does he agree that it also gives us a chance to support the working statute book, ensuring that we look after our own environment, consumer rights, workers’ rights and LBGTI rights?

[The Solicitor General]

My hon. Friend is a passionate campaigner on many of those issues. I can reassure her and her constituents that that is precisely what we seek to do.

I hope that I have dealt with the new clauses tabled by the right hon. Member for Birkenhead—

[Frank Field]

I accept what the Solicitor General said about new clause 50, and I think we should thank him for what he said and what he will try to achieve. New clause 51 is about setting up mechanisms whereby the House could determine how the corpus of legislation and regulation brought into UK law could be reviewed. Will the Solicitor General say a word about that before I go to the Chair and say that I am satisfied in this instance as well?

[The Solicitor General]

I hoped that I had responded to new clause 51 in an earlier intervention. It is well intentioned, but the mechanism is too burdensome. It would impose an annual obligation to produce reports which I think would pile Pelion on Ossa, given the amount of work that we have to do in the House anyway because of the unusual circumstances that we face.

[Frank Field]

I do not think that the House has the appetite to undertake the review, given the ginormous amount of legislation that is coming over to us. I tried to get the Library to describe what would happen. Would this whole place be full of pieces of paper—full of legislation and regulations? How the hell are we, as individuals or groups, going to deal with that?

There is another crucial point. Given what was said by the right hon. and learned Member for Rushcliffe (Mr Clarke), might there be discussions before Report about the form in which the Government might bring back the sentiment involved in what the Solicitor General is saying, and what we are all saying, so that we might vote on that?

[The Solicitor General]

Yes, indeed.

I shall now move on to new clauses 9, 22, 23 and 29, which is linked to amendment 128, new clause 45 and amendment 217, which is linked to amendment 64. They all in various ways deal with the question of the EEA. As we have said on several occasions, this is not about the UK pursuing an off the shelf arrangement; it is the UK seeking a bespoke arrangement that works for us. In the Florence speech of 22 September—which happens to be my birthday, although I am sure there was no coincidence in that—the Prime Minister set out a vision for the new economic partnership: a new partnership that will empower us to work together in continuing to bring shared prosperity for the generations to come.

[Stephen Kinnock (Aberavon) (Lab)]

I accept of course that we should have on the table the option of creating a bespoke deal for our future relationship, but surely we would want to have a range of options and models on the table as we shape that deep and comprehensive partnership? Why would we want to take one of those potential models off the table now, as it could be the building block of something different coming further down the line?

[The Solicitor General]

I always listen to what the hon. Gentleman says with a great deal of interest, but I say in the context of the Bill—although mindful of the constraints of Committee debate—that the thrust of these amendments will not achieve what their movers seek, which is to keep this country in the EEA. That is because all the amendments are based on a mistaken understanding of the UK’s relationship with the EEA. The UK is a party to the EEA agreement in its capacity as an EU member state, so once we leave the EU, the EEA arrangement will no longer be relevant. It does not have a practical effect at international level, and domestic legislation cannot change that.

[John Redwood]

Will the Minister confirm that one of the few things remain and leave agreed about in the campaign is that we would be leaving the customs union and the single market, and we would not be doing a Norway? [Interruption.] Both sides said that, and the British public understood it.

[The Solicitor General]

My right hon. Friend and I were on opposite sides of that debate—indeed, we have been on opposite sides of the debate on Europe for the 20 years and more that I have known him—but I never said in the many arguments I made up and down the country that this was a have your cake and eat it withdrawal: if we voted to leave, it would mean we left the institutions of the EU, which included the customs union and the single market. That is why I campaigned against it, but I accept, as every democrat I know does, the result of the referendum.

I shall now move on, as swiftly as I can, to deal with the effects of these amendments.

[Mr Jim Cunningham (Coventry South) (Lab)]

rose—

[Heidi Alexander (Lewisham East) (Lab)]

rose—

[The Solicitor General]

I would love to give way to the hon. Lady, but I am mindful of the time, and Mr Hoyle is looking at me in a very stentorian way, so I had better follow that instruction.

There are some potentially detrimental effects of the amendments that I know hon. Members would want to avoid. Amendment 217 seeks to remove the annexes to the EEA agreement from the scope of clause 3. The hon. Member for Arfon (Hywel Williams) is not in his place at present, but the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) is here to represent their party’s interests, and I say to him that that amendment would not allow us to remain in the EEA, for the reasons I have set out, and it would damage the clarity and certainty we aim to provide.

As many hon. Members already know, the EEA agreement effectively extends the single market to three non-EU countries: Norway, Iceland and Liechtenstein. Annexes to the agreement specify which single market rules apply to those countries, along with any necessary adaptations, in order to make the single market properly operate with respect to these countries. Clause 3(2)(b) and (c), which amendment 217 would remove, provide that EU instruments which apply to the EEA will also be converted into domestic law. Those provisions are necessary to ensure that we fully preserve the existing laws and rules that apply here before our exit. They are not, and are not in any way intended to be, a means by which the UK ceases to be a party to the EEA agreement. The retention or otherwise of such annexes within our domestic law will not change that basic fact. The effect of amendment 217 would only be to leave gaps in the law which, as I have set out, would clearly be undesirable.

--- Later in debate ---

[Heidi Alexander]

Will the Solicitor General confirm whether the powers outlined in part 2 of schedule 8 and in clause 8 would allow Ministers to issue an article 127 notification under the EEA agreement?

[The Solicitor General]

That is not necessary. The provisions in schedule 8 are all about the frameworks, not the policy, and this Bill is not a vehicle for policy. This is a framework Bill that allows the law to operate within it. That is the distinction that I seek to draw. While I understand and respect the reasons behind the amendments, they do not deliver the policy outcomes that the hon. Lady and others may want.

[Alison McGovern]

Will the Solicitor General give way?

[The Solicitor General]

I will not give way any further.

It is our policy that we will not be a member of the EEA or the single market after we leave the EU, so introducing an obligation to produce a report on membership of the EEA, as new clauses 9 and 23 seek to do, is simply unnecessary.

I will now try to deal fairly with the Scottish National party amendments 200 and 201, which the hon. Member for Glenrothes (Peter Grant) spoke to. While we do not accept that the amendments are necessary, I welcome the chance to set out clearly the meaning of clause 2. Amendments 200 and 201 seek to provide clarity on precisely what is meant by “passed” in the context of the clause. Some have questioned the effect of clause 2 in relation to an Act that may have been passed by the Scottish Parliament, but which has not yet received Royal Assent when the clause is commenced.

We do not believe that there is an ambiguity. Clause 2(2) states that “EU-derived domestic legislation” is an enactment. As enactments can only mean something that has received Royal Assent, an Act of Scottish Parliament that has only been passed cannot fall within this definition, and it would therefore not be categorised as EU-derived domestic legislation for the purposes of the Bill. The reference to “passed” in clause 2 is therefore a reference to the purpose for which the enactment was passed, not the fact of whether it was passed. I hope I have been able to shed light on that area for the hon. Gentleman, and I invite him to withdraw the amendment.

Turning now to Plaid Cymru’s amendment 87, which is in the name of the hon. Member for Arfon, we do not accept the premise that lies behind the change. In trying to circumvent the provisions of clause 11, the amendment pays no heed to the common approaches that are established by EU law or to the crucial consideration that we—the UK Government and the devolved Administrations—must give to where they may or may not be needed in future. What is more, it undermines our aim to provide people with maximum certainty over the laws that will apply on exit day. The amendment would also be practically unable to achieve its underlying aim. The enactments that it takes out of retained EU law would also be taken outside the scope of the powers that this Bill confers on the devolved Administrations to allow them to prepare them for exit day. It would hamper their ability to address the deficiencies that will arise, and it would leave it likely that the laws would remain broken on the day of exit.

The process of making the statute book work for exit day is a joint endeavour between the different Governments and legislatures of the whole United Kingdom. This is an important project that entails a significant workload before exit day, which is why we are actively engaging with the devolved Administrations to build up a shared understanding of where corrections to the statute book would be needed. On that basis, I hope that the amendment will be withdrawn.

I hope I have dealt with the amendment in the name of my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the Chair of the Select Committee on Justice.

[Robert Neill]

When the Minister talks about bringing forward a package on Report, do I take it that the amendment in my name and in the name of my hon. Friend the Member for Wimbledon (Stephen Hammond) is intended to be in that package?

[The Solicitor General]

I am always happy to engage with my hon. Friend and with my hon. Friend the Member for Wimbledon (Stephen Hammond). I know the spirit in which they tabled the amendment, and I look forward to the dialogue to come.

I commend clauses 2 and 3 to the House.

[Several hon. Members rose—]

--- Later in debate ---

[Mr Leslie]

I would want us to shape those regulations, because we are going to be affected by them. If our near neighbours—500 million residents—operate under one regulatory regime, many of our products and services will have to comply with it. It is far better that we are able to take part in the discussion and shape those regulations. In accordance with the Bill, we may leave the EU—if that does come to pass—but if we were part of the European economic area, we may still have a say on some regulatory changes. I understand the point my hon. Friend is making, but my amendment would not tie the UK to every regulatory change that takes place within the European Union; it would simply make sure that Parliament is informed when the European Union branches off and goes in a different direction. We need to know that information so that we can make a choice as laws change. If the EU takes a different route, we may want to consider doing so ourselves. We may not, but we may. That is simply the point I make in new clause 15.

New clause 55, in the name of the right hon. and learned Member for Beaconsfield, and new clause 25, in the name of my hon. Friend the Member for Bristol East (Kerry McCarthy), address the issue of retained EU laws. Over 20,000 laws and 12,000 regulations will need to be transposed in some way, shape or form. That is a massive process of change and it is still not clear whether we will convert European laws into primary legislation, secondary legislation or something else entirely. It is sensible to have a schedule that lists retained EU laws and I think the suggestions in the new clauses should be accepted.

It may be that not everything can be changed. If there are modifications via primary legislation, we might want the enhanced scrutiny procedure. When the Minister was pressed on this issue, however, he did not in any way give a proper concession to the points made by Members on both sides of the House. We could face circumstances where the EU laws to be modified affect equal pay, the treatment of workers with disabilities, or race and age discrimination. They were not part of primary or secondary UK legislation, but EU laws that we are going to co-opt. If there is to be a change to the set of rules under which we operate, we need much more clarity on whether it will involve this House of Commons doing it in an affirmative way through an enhanced procedure, or, preferably, through primary legislation.

The Minister needs to do more than just promise to look at this matter on Report, because we may not get a Report stage. We have a Committee of the whole House stage, so unless the Bill is amended there will not be a Report stage. The Minister needs to acknowledge that if we do not have a Report stage, any such assurances are not really worth that much.

[The Solicitor General]

Yes, there will be a Report stage. I can assure the hon. Gentleman of that.

[Mr Leslie]

I look forward to an amendment with an extra comma or full stop to facilitate a Report stage. It is very important that we see that.

My new clause 9 and amendment 64 relate to the EEA. As my hon. Friend the Member for Lewisham East (Heidi Alexander) said, the House should make a specific decision about whether to leave the EAA, given that that was not on the ballot paper. It is effectively the single market club, and as a member we have rights and responsibilities to one another, and not just around the freedom of movement of goods and services, people and capital. On non-tariff issues, too, the EEA ensures barrier-free relationships between the UK and the rest of the EU—on competition policy, state aid issues, consumer protection, environmental policies, research and technological development, education and training, tourism and culture and enterprise. All those issues are covered in the EEA agreement. For the Minister to say, “Oh well, it is implied that we are leaving the EEA, so it is not for the House to make a specific decision”, just will not do.

Oral Answers to Questions

Robert Buckland Excerpts

Thursday 29th June 2017 Commons Chamber

[Jo Stevens (Cardiff Central) (Lab)]

8. What discussions he has had with Cabinet colleagues on the potential merits of appointing an independent advocate to act for families after a public disaster.

[The Solicitor General (Robert Buckland)]

It is of paramount importance that bereaved families and injured people are properly involved and supported following a disaster, which is why we announced in the Queen’s Speech that we will establish an independent public advocate to ensure that involvement and provide that support.

[Diana Johnson]

Will the independent advocate be able to act for those affected by the contaminated blood scandal? What exactly does the idea of “assistance” and “support” mean? Does it mean a publicly funded lawyer for each family affected?

[The Solicitor General]

I thank the hon. Lady for that point. This of course depends very much on how quickly we as a Parliament can pass the necessary legislation. It is certainly the Government’s intention that the independent advocate gets on with their work as quickly as possible. On the specific point, each case will depends upon its merits. Of course, legal aid is already available for families with regard to certain procedures, but I think the benefit of having a consolidated advocate will be to address the very questions she asks. I look forward to these issues being debated carefully when the necessary legislation is introduced.

[Jo Stevens]

Will the Solicitor General confirm that if families who live in high rises, but who, thankfully, have not suffered the same disaster that Grenfell Tower has, wish to bring any legal action on health and safety grounds, they will be entitled to legal aid?

[The Solicitor General]

Again, the hon. Lady asks a general question about the merits of particular cases. If indeed there are grounds—for example, a judicial review procedure might be appropriate in particular cases—that application can be made. The important point in the context of this question is whether we can do more for families and bereaved relatives. I think we can, and the precedent set by the horrific events at Grenfell will allow us all to learn important lessons: that families have to be put first.

[Robert Neill (Bromley and Chislehurst) (Con)]

Can the Solicitor General help us on the practicalities? What discussions has he had with the Bar Council and the Law Society as to how an independent advocate or advocates might be identified; what levels of remuneration will be available, so as to ensure that there is proper equality of arms in representation; and by what means families will be able to give proper and fully discreet instructions?

[The Solicitor General]

I thank my hon. Friend for that question. It is vital that we get these details right as we develop the policy. It is clear, certainly to the Government, that having quality advocacy so that the right documents are obtained and a proper challenge is made at all stages of the process is important, and it is what we seek to achieve. Therefore, fulfilling article 6 has to be at the heart of this.

[Simon Hoare (North Dorset) (Con)]

What assessment has the Solicitor General made of the efficacy of having an independent advocate after a tragedy such as Grenfell in trying to get to justice and truth for the victims, when this is coupled with the rather unhelpful remarks of the shadow Chancellor, which seem to be clouding the whole issue?

[The Solicitor General]

It is vital at solemn and serious times like this that we all exercise our right to free speech responsibly, and that we are mindful that criminal investigations are ongoing, as well as concurrent inquests and, of course, the public inquiry. All of us have to make sure that we pass that very high test, and I am afraid that the shadow Chancellor failed that in his remarks this week.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I am sure the Solicitor General would agree that it is vital that the independent public advocate has the powers needed to carry out the role. I pay great tribute to the work of the Hillsborough families over many years, but he will be aware that key to that were the findings of an independent panel in overturning the first inquest verdict. Will the independent public advocate have the powers to appoint an independent panel if they see fit to do so?

[The Solicitor General]

The hon. Gentleman raises a very germane point, and we all need to bear the Hillsborough precedent very much in mind. I am keen, and the Government are keen, to ensure that the independent advocate has as powerful and as meaningful a role as possible. Each case will depend on its merits, but I am certainly prepared to look at all details, including the one he raises.

[Nick Thomas-Symonds]

Does the Solicitor General also agree that it is crucial that there is full public confidence in the role of the independent public advocate? As such, the role should be subject to appropriate scrutiny. Will he also promise that the independent public advocate will place reports before this House on an annual basis, so that Members can look carefully at the work in detail?

[The Solicitor General]

Like many other appointments of this kind, I can envisage the sort of accountability that the hon. Gentleman mentions. The publication of annual reports is a regular and common occurrence. Again, it is a particular point that we will consider very carefully indeed.

[Kate Green (Stretford and Urmston) (Lab)]

6. What assessment he has made of the effect of the aggravated offences regime on the level of successful prosecutions for hate crime.

[Melanie Onn (Great Grimsby) (Lab)]

9. What assessment he has made of the effect of the aggravated offences regime on the level of successful prosecutions for hate crime.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service has taken a number of steps to improve its prosecution of all strands of this type of crime, including the aggravated offences, and that includes the delivery of vital face-to-face training. Its hard work in this area has resulted in significant increases in the use of sentencing uplifts in all strands of hate crime.

[Kate Green]

In 2014, the Law Commission proposed that disability hate crime should be given parity with other hate crimes in relation to aggravated offences and to so-called stirring-up offences. In November 2016 in a debate in Westminster Hall, the Solicitor General said that the Government were reviewing that report. Will he update the House on when the Government will make a decision, as it is of great importance to disabled people?

[The Solicitor General]

The hon. Lady knows that I have had a long-standing interest in disability hate crime. The Government are particularly interested in the strand of work conducted by the previous Home Affairs Committee. We are looking to its successor Committee to carry on that work. We want this House to play its part in the response to the Law Commission recommendations, and we very much hope that, as soon as possible, we can craft a suitable response to get the law right.

[Imran Hussain]

As has been stated, the Law Commission has previously called on the Government to review hate crime legislation. Will the Government bring forward proposals for the review to ensure that the legislation is effective and sufficiently broad in scope?

[The Solicitor General]

The hon. Gentleman is right to press the Government on those issues. My concerns are twofold: first, we need to get the existing law properly used and enforced by way of training and the actual use of it by the police and the Crown Prosecution Service; and, secondly, we need to get the response to the Law Commission recommendations right. I want to ensure that this House passes laws that are properly enforced. Too often in the past, we have been too quick to pass laws that have then failed the expectations of those who deserve protection. He is right that we will be looking at that as soon as possible.

[Melanie Onn]

Reports of hate crime rose by 57% following Brexit. CPS staffing budgets have more than halved since 2010. Is the Attorney General therefore confident that the CPS is adequately resourced to deal effectively with these reports and ensure that victims of hate crime do indeed get justice?

[The Solicitor General]

I can reassure the hon. Lady that the trends in relation to the prosecution of hate crime continue to increase, particularly with regard to racially and religiously aggravated hate crimes. The increase in the past year was 1.9%, which means that more than 13,000 cases are now being prosecuted. That is reflected across the piece when it comes to homophobic crime and disability hate crime. There is no bar at all to the CPS’s pursuing these cases and marking society’s condemnation of this sort of criminal activity.

[Chris Davies (Brecon and Radnorshire) (Con)]

Will my hon. and learned Friend tell the House what action the Government are taking to prevent the spread of hate crime via social media?

[The Solicitor General]

My hon. Friend makes a very important point. May I reiterate that the law shows no distinction whatsoever between hate crimes that are committed offline and those that are committed online? Just because somebody hides behind a pseudonym and pursues hate online does not mean that the police and the CPS will not track them down and prosecute them, as we have seen notably in cases involving several Members of this House, who have been the victims of appalling hate crime.

[Michael Fabricant]

Twitter is against my hair.

[Ms Nusrat Ghani (Wealden) (Con)]

I am not quite sure how to follow that. Will my right hon. and learned Friend join me in recognising the great work that is done by Tell MAMA and Hope not Hate, who build the confidence in those who suffer hate crime to report it?

[The Solicitor General]

I am grateful to my hon. Friend. Tell MAMA and other organisations play an important part by working closely with the CPS and police to inform the process and help people to report crime. Often people will go to a third party before coming to the police, but that is an acceptable way to report crime because it means that more crimes can be prosecuted.

[Mr Speaker]

Order. We have run late. I want to accommodate the Member with the last question on the Order Paper, but no other.

[Mr Laurence Robertson (Tewkesbury) (Con)]

10. What recent assessment he has made of the extent to which sentencing of people convicted of burglary has been unduly lenient.

[The Solicitor General (Robert Buckland)]

Last year the Attorney General and I referred 11 cases for burglary as unduly lenient and achieved an increase in sentence in seven of those. Only the most serious types of burglary offence currently fall within the unduly lenient scheme, but we have recommitted in our manifesto to extend its scope and we will work with my right hon. Friend the Lord Chancellor to implement that commitment.

[Mr Robertson]

I thank my hon. and learned Friend for that answer and for the welcome news. Only 10% of first-time burglars receive immediate custodial sentences. Does that not encourage them to carry on their crimes? Burglary is quite a serious crime; will he have a look at that statistic?

[The Solicitor General]

My hon. Friend is right to say that burglary is a serious crime. It is a crime against the person, not just against property, because it affects people’s wellbeing. I am glad to tell him that since the introduction of the revised Sentencing Council guidelines on burglary in 2012, the overall level of sentencing for burglary, in terms of prison and length of sentence, has increased. That should give his constituents some encouragement that the courts are handing out the appropriate punishment for this serious crime.

[Mr Speaker]

Order. Before we come to business questions, it might be helpful to the House if I announce my selection of amendments to be potentially voted on much later today. I have selected the amendment tabled by the official Opposition—amendment (l), if memory serves, in the name of the right hon. Member for Hayes and Harlington (John McDonnell).

As colleagues will be intimately conscious, being fully familiar with all these matters, I have a right to select up to two further amendments under the terms of our Standing Orders. I can advise the House that I have selected amendment (d) in the name of the hon. Member for Walthamstow (Stella Creasy) and others, and amendment (g) in the name of the hon. Member for Streatham (Chuka Umunna) and others. I hope that that is helpful to the House.