Arrests and Prison Capacity

Debate between Robert Neill and Lindsay Hoyle

Wednesday 22nd May 2024 Commons Chamber

[Mr Speaker]

I call Sir Robert Neill, and I hope there will be more calm.

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

Does my right hon. Friend agree that this important debate, which touches upon not only public safety but the whole way in which our justice system operates, is best dealt with in a calm fashion? It is perfectly reasonable to adopt contingency measures, which we hope are often not needed, but the most important thing is to ensure that all parties in this House commit to a consistent and sustained investment in all aspects of the criminal justice system, because we cannot decouple policing from the courts, prisons and the whole of the process. That is the sensible debate that the country needs to have.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 14th May 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

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

The Minister is right to recognise the work that is being done on the victims code, and I appreciate the Government’s taking on board a number of the recommendations made by the Justice Committee when we engaged in pre-legislative scrutiny of that Bill.

The Minister will know, however, that there is a particular issue with delays in cases of rape and serious sexual offences, where cases are taken out of the list because prosecuting counsel are not available—they simply cannot be found. She rightly referred to the increase in fees for solicitors and defence counsel. Does she agree that there is now just one piece of the jigsaw that needs to be put in place: to bring the fees for prosecuting counsel in those cases up to the same level as those for defence counsel? That would take about £1.5 million. Will she sit down with the Attorney General and talk with her about how we can do that swiftly?

--- Later in debate ---

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Lord Chancellor will know that there is particular concern about the growth of the remand population in our prisons, which causes great disruption. He will also know that the senior presiding judge and others are taking innovative measures to list remand cases, but will the Lord Chancellor confirm that, to support that, there will be no financial cap on sitting days in the Crown courts?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 9th May 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Attorney General rightly refers to the work done in relation to domestic violence. The most serious offences of violence against women and girls are rape and serious sexual offences. As she will know, there are concerns that once victims have come forward, there are delays in their cases being heard, largely because of the difficulty in getting suitably experienced barristers to prosecute them. Does she accept that one of the main drivers of that is the fact that legal aid fees were increased for defence barristers, but prosecution fees have lagged behind? There is a gap of around £500 in the brief fee between prosecuting and defending. Does she agree that we must plug that gap urgently, to get suitable counsel prosecuting as well as defending those cases?

End of Custody Supervised Licence: Extension

Debate between Robert Neill and Lindsay Hoyle

Wednesday 8th May 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

This is a perfectly rational, sensible and pragmatic response to the pressures in our prisons, and the Minister should take credit for it. However, I do ask him to reconsider the point about the transparency of data—precisely because it is a sensible thing to do, there is no reason why we should not release the figures in better time. But the underlying problem, which all parties in this House must face up to, is that the pressures in our prisons, to which the Justice Committee has repeatedly referred, stem from decades of underfunding by Governments of all parties? Prison costs £46,000-plus per year for each place, so it is a very expensive way of dealing with people, and not always the best means for handling lower-level offenders. May we have a more intelligent debate on sentencing and the purpose of prison, and perhaps we could start with the Minister committing to bringing back the sentencing Bill, which would enable us to have a more nuanced approach?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee, Sir Robert Neill KC.

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

Thank you, Mr Speaker. I welcome my right hon. and learned Friend’s comments about the progress made on tackling reoffending, but he will be aware that it remains stubbornly high. We are in an unfortunate position: we imprison more people than most of our neighbours in Europe, but still have higher rates of reoffending. Does that not posit the fact that we need to make more intelligent use of prison, and of alternatives to custody, as parts of a joined-up system? Would he agree that the Sentencing Bill is particularly valuable in this regard, and can we hope for its swift return to the House?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 14th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I welcome the Attorney General’s comments. I think every one of us shares the desire for the fighting to stop, and respect for the International Court of Justice. However, does she agree that it is important to be careful when we use legal terms in broader political debate? For example, the test of plausibility in the jurisprudence of the International Court of Justice is essentially about the admissibility of a claim, rather than its ultimate merits. The Court itself has described that, in a judgment involving Myanmar, as a “low threshold”. It is important not to make more of a preliminary finding than we should before final litigation is completed.

Prisons and Probation: Foreign National Offenders

Debate between Robert Neill and Lindsay Hoyle

Tuesday 12th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I commend the Secretary of State for his characteristically thoughtful and measured approach. Does he agree that it does no one any good service to try to reduce this issue to simplistic arguments? The truth is that dealing with prison capacity, where everyone has recognised for many years that there are real pressures, demands a careful set of checks and balances. Does my right hon. and learned Friend agree that those are in place? Does he also agree that we need to be honest with the public in saying that, however much we try, prison places are expensive and finite. Therefore, the system must make judicious and intelligent use of prison, which includes locking up those who are dangerous and having alternative ways of dealing with and punishing those who are not dangerous to the community. Is that not the objective?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 20th February 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

My right hon. and learned Friend will know that, only last week, the Court of Appeal criminal division, presided over by the Lady Chief Justice, quashed in bulk a number of Horizon appeals, on the basis of a half-hour hearing. When the cases get to court, the courts can deal with them swiftly.

Does my right hon. and learned Friend agree that in framing any legislation, because of the constitutional implications, it is important that we bear in mind that the failures are the failure of a prosecutor to do their duty, or perhaps the failure of the state to come to the aid of victims, but they are not the failure of the courts, which always acted entirely properly on the material put before them by the parties at the time? It was a failure of the parties, not of the courts.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 21st November 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I warmly welcome my hon. Friend to her place on the Treasury Bench; it is much deserved, and she was a distinguished member of the Justice Committee. She will know from that time that much work has already been done, following on from Operation Soteria, to improve investigation, conviction and prosecution rates and the victim experience in relation to rape and serious sexual offences. Will she also bear in mind that there are further opportunities, which we highlighted as a Committee in our scrutiny of the victims element of the Victims and Prisoners Bill, to improve the victim experience and ensure that it is consistent across the whole country?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 19th October 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

Just before the recess, the then Director of Public Prosecutions gave evidence to the Justice Committee and highlighted the specific areas of work being done to improve the victim experience in relation to rape and serious sexual offences. While there is more to do, would the Attorney General accept that there has been real progress from the position even, say, 10 years ago? What is the latest position in relation to the key targets that were set from the end-to-end rape review?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 12th September 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Justice Committee is proposing to hold an inquiry into future prison population and estate capacity, and I look forward to the Minister giving evidence to us about that. He will know that that is prompted in part by concerns that overall overcrowding in the adult male estate is some 23%, and it is much worse in many of the old local prisons. While he is right to draw attention to the Government’s new prison building programme, even if that were all completed on time, there would, according to figures we have seen, be a shortfall in March 2025 of about 2,300 places as against anticipated demand. What is going to be done to deal with that? Should we have a proper conversation with the public about what is a reasonable expectation of what can be done in prisons, what is the best use of prisons and who should be there?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 6th July 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I am sure the Attorney General will agree that the investigation and prosecution of rape and serious sexual offences requires particular skills in both investigation and handling in court. Will she therefore welcome the increase in prosecution counsel fees to an equal level with those for the defence so that we get the most competent people doing these cases? Will she also accept that more investment must continue to go in so that the Crown Prosecution Service, as the Director of Public Prosecutions pointed out to our Committee on Tuesday, can continue to recruit sufficient experienced rape prosecutors and have the digital technology to deal with things such as mobile phone evidence in these cases?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 27th June 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I am sure that the Lord Chancellor, as well as thanking the current Lord Chief Justice for his work, will welcome the appointment of Dame Sue Carr as the first woman Lord Chief Justice of England and Wales and look forward to working with her, too. Does the Lord Chancellor agree that one of the real areas of concern and pressure on prisons is the growth in the remand population? In January, before he was appointed to office, the Justice Committee produced a report on remand, from which some recommendations were accepted and some were not. Will he revisit some of those recommendations and see what more we can do to bear down in particular on the growth in remand for people who after all have not yet been convicted?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 16th May 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

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

I have already welcomed the Lord Chancellor to his position. He will know that, “If it ain’t broke, don’t fix it” is not a legal maxim, but it is still a sound one that may apply in this case. If it were thought necessary to make changes to the human rights regime in this country, perhaps the report of Sir Peter Gross offers a better way forward, but does he also agree that his Department’s important priorities are those that affect people’s day-to-day lives in their interactions with the justice system? Ensuring that we have fully efficient and working court systems and an efficient and human prison system may therefore be higher priorities. Perhaps meeting the Bar Council and the Law Society to iron out the remaining matters from the Bellamy review and ensuring that we have a proper prison workforce strategy, rather than legislating, may therefore be his best priorities—

[Mr Speaker]

Order. You’re not in court now, Sir Robert. Come on.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 28th March 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The initiatives that the Government have introduced are very welcome. One of those is the pre-recorded cross-examination under section 28, but, to make that work, there has to be a proper level of remuneration for advocates on both sides to ensure that we have skilled and experienced barristers prosecuting and defending those cases. What arrangements have now been made to finalise the conditions and terms of payment for section 28 proceedings with both defence and prosecution barristers? Until we get that right, we will not get the cases through at the speed we wish.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 2nd March 2023 Commons Chamber

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

If the Minister had been on the 8.27 from Chislehurst today, he would not have seen very much by way of improvements, that is for sure, because it ran late, as ever. Is not the problem that, because of the loss of direct services on the Hayes line into Charing Cross and equally the cutback in direct services on the north Kent line into Cannon Street, unsustainable numbers of people are having to change trains at London Bridge? I have seen the chaos there, and I have actually stood outside the station, because it has had to be closed on occasions. It is not safe, Minister. At some point, somebody will get injured or killed as a result of this.

[Mr Speaker]

Order.

[Sir Robert Neill]

Will the Minister please get officials to sit down with south-east London MPs and get this sorted out?

[Mr Speaker]

Order. Sir Robert, do not tempt my patience. Come on, Minister.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 21st February 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister is right to emphasise the importance of bearing down on these dreadful offences. Has he seen the research published this week in the Criminal Law Review based on the largest ever dataset of Crown court cases, which suggests that convictions for rape have risen markedly since 2018 and now stand at 75%, against an increase in charging as well, and that the conviction rate for rape and serious sexual offences is now higher than for other offences of violence against the person? That is important information. That work was carried out by Professor Cheryl Thomas, who is regarded as the leading academic expert on juries, using the largest ever dataset. Does the Minister agree that we should take that into account when we consider how best to take forward our policies to bear down on these serious offences—using up-to-date information to adjust our policies?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 1st February 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I think the Attorney General has just demonstrated that she and the Solicitor General are well up to the task of internal inquiries. In welcoming the report, will she recognise that, given the Attorney General’s important role of speaking truth to power—to Government—it is also important that the Law Officers should be consulted in a timely fashion, and appropriately and fully, on any controversial matters that may have a legal aspect, and that fellow Ministers should then listen and act accordingly, consistently?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 10th January 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

Every Crown court centre in the country is affected by backlogs, which are rising to crisis proportions once more. The Government rightly resolved the issue of the availability of defence counsel by increasing defence fees, but now the issue is the continued and repeated unavailability of prosecution counsel. Since our system requires equality of arms—barristers of equal seniority and ability to prosecute and defend—is it not important that the Secretary of State and his junior Minister support the Attorney General in getting increased funding from the Treasury for equivalent prosecution fees so that we have a joined-up system?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 7th December 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

May I, both personally and on behalf of the Committee, warmly welcome the Attorney General to her place? Everyone who saw her sworn in will know how positive the reaction of Bar and Bench was to the appointment of someone who takes her responsibilities so seriously, and we look forward to working with her.

When the Director of Public Prosecutions gave evidence to the Justice Committee last month, she stressed that the pressures on the CPS must be seen in the context of the justice system as a whole, and that the solution to those pressures required consistent support for the system, but in particular support for CPS staff—

[Mr Speaker]

Come on! Somebody answer the question!

Prison Capacity

Debate between Robert Neill and Lindsay Hoyle

Wednesday 30th November 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister is right, of course, to take this urgent action, and to say that this is not the first time it has had to be done. Does he recognise that two factors are at play here? One is the underlying upward trend in prisoner numbers over the past couple of decades. Those numbers have risen exponentially, and perhaps there is a case for us to look again at whether it is appropriate to be holding non-violent offenders in custody, as opposed to the dangerous people who we do need to lock up. Secondly, the Minister refers to the levels of investment in maintenance, but as he will know, the Justice Committee has more than once pointed out that even with increased spending on maintenance, there is still a significant backlog and shortfall in the maintenance budget. Many prison cells are therefore out of commission and not usable, when they ought to be brought back into use. What is being done to accelerate the maintenance programme to get more cells back into use?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 22nd November 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

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

The Minister is of course right to say that we need to modernise and improve IT systems and replace the legacy systems, but will he sit down and talk in some detail with users of the system, both judges and practitioners? For example, a platform that is unable to record whether a case concludes in a guilty plea will not be very much help in tracking the progress of cases or improving listing at a time when we have massive backlogs. Practical changes are surely what is needed.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 7th July 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Justice.

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

I join the Attorney General in her tribute to my hon. and learned Friend the Member for Cheltenham (Alex Chalk), whose service was absolutely outstanding and exceptional. He departed his post with great honour and with the respect of this House, the profession and the judiciary.

I thank the Attorney General for what she says about victims. It is clear that the Government have done a great deal. However, I am sure she is aware that in the course of the Select Committee’s prelegislative scrutiny of the welcome draft Victims Bill, we have heard evidence that—as the hon. Member for Rochdale (Tony Lloyd) said—although there is good work, there is still patchiness in the provision of services for victims in many areas. The draft Victims Bill is a real opportunity to improve that and ensure a much more consistent approach. May I ask the Attorney General for an undertaking that the Government will look with care at the recommendations that we make as a result of that prelegislative scrutiny?

[Mr Speaker]

That was very long!

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 5th July 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister knows that the Justice Committee welcomed the Government’s acceptance of Sir Christopher Bellamy’s review, which relates to fees for both barristers and solicitors in criminal work. We all want barristers and solicitors to return to accepting instructions in all forms of case. The Minister will also remember that Sir Christopher’s review stated that the £135 million that is being paid, I grant in tranches, and subject to certain reforms, was

“the minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect”.

The “minimum necessary” first step. Will the Minister reassure practitioners of both professions that he accepts it is a first step, and that the Government are willing, able and ready to engage with the professions on the second step? Reassuring that good faith would make it easier to resolve the current impasse.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 24th May 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Bob Neill.

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

The Minister is right to highlight the work that is being done to increase support for victims, but he will be aware that the Justice Committee published a report on court capacity on 27 April. I look forward to hearing his response to it. In the summary, we highlight that despite efforts from the Government to go in the right direction:

“Delays in the Crown Court have reached a point where they are causing significant injustice.”

Is it not the reality that solving this will require not just victim measures but, more significantly, a root-and-branch attempt to tackle all the elements of delay, which relate to judicial capacity, physical capacity and maintenance of the estate, improved data and technology and improved processes in the Crown court? All those must come together, and that requires sustained investment. Will the Minister respond in detail to the report in due course?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 24th March 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

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

Thank you, Mr Speaker. I welcome very much the establishment of a war crimes taskforce, on which my right hon. and learned Friend serves, and the additional funding that the Ministry of Justice has given to the International Criminal Court.

The war crimes that are undoubtedly being committed in Ukraine are being committed on the territory of a country that adheres to the conventions of the ICC, which therefore has jurisdiction. Will the Attorney General take on board the very important point made by the chair of the Bar in a speech last night, that even though Putin and his cronies may be beyond our reach at the moment, the bringing of an indictment is itself an important signal that we stand up for the rule of international law? Will she take up the suggestion of working with the legal professions and seconding British lawyers to the ICC to strengthen its investigations team?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 16th June 2021 Commons Chamber

[Mr Speaker]

Before we start Prime Minister’s questions, I would like to point out that the British sign language interpretation of proceedings is available to watch on parliamentlive.tv. I call Sir Robert Neill.

The Prime Minister was asked—

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

Q1. I know that the Prime Minister will report later—

[Mr Speaker]

The hon. Member has been away a long time. Question 1—try again.

[Sir Robert Neill]

Question 1, Mr Speaker; in my case, I have only been in the House for 15 years.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 16th March 2021 Commons Chamber

[Mr Speaker]

Let us go to Sir Robert Neill, the Chair of the Justice Committee.

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

I, and I am sure all the members of the Justice Committee, will also want to associate ourselves with the Secretary of State’s comments. Does he agree that protection of the public is served not only by deterrent sentencing where necessary, but by a much a broader and more nuanced suite of alternatives for less serious offenders? Can he help us, in particular, on the timescale for the roll out of problem-solving courts, which have been called for by the Select Committee and by many other commentators over a number of years, but which, until now, have perhaps not always had the ministerial or governmental impetus behind them that is required to make them succeed as part of that smarter sentencing package?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 2nd February 2021 Commons Chamber

[Mr Speaker]

Chorley is always ready to help the Minister as well.

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

The extra investment is important and should be recognised, and Nightingale courts can make an important addition to court capacity, but does my hon. Friend the Minister agree that most Nightingale courts are not equipped to handle custody cases and therefore many of the most serious trials? Is not the long-term solution sustained investment, over a period of months and years, to make sure that all available physical Crown courts sit the maximum number of days that they can safely sit, and to ensure that there are resources in terms of judiciary, support staff and a safe environment for court users, to make sure that that can be done? Is that not the top priority?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Monday 16th November 2020 Commons Chamber

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

  I was glad to hear the Secretary of State recognise the continuing issues with the EWS1 forms, and perhaps we can speak further about that. I also welcome the Housing Minister’s acceptance that leaseholders should not bear the costs of remediating cladding for which they have no responsibility. Does the Secretary of State accept that by the same logic, and out of common decency, neither should leaseholders be expected to bear the costs of items such as a waking watch, which arise directly from the cladding itself having been unsafe, because of regulatory failure? This has cost constituents of mine in Northpoint in excess of half a million pounds.

[Mr Speaker]

I think we have got the message.

Points of Order

Debate between Robert Neill and Lindsay Hoyle

Tuesday 29th September 2020 Commons Chamber

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

On a point of order, Mr Speaker. I wish to raise what I submit is an important issue concerning the extent and interpretation of the Law Officers’ convention in relation to questions and answers given in this House. On Thursday last week, I asked the Attorney General for information on what support she had had from officials, Treasury counsel and others in relation to the preparation of a statement on the Government’s legal position on to the United Kingdom Internal Market Bill and the withdrawal agreement, which was published to Select Committee Chairs on 10 September. She declined to give me a substantive answer to that question, relying upon the convention.

I submit that it is very clear from “Erskine May” that the application of the convention is strictly and deliberately circumscribed so as to limit it to protecting the giving of legal advice or opinions by the Law Officers to the Government. I submit that the publication of a statement of the Government’s opinion on the legal position cannot be advice given to the Government, and therefore the convention cannot apply to it. If that be the case, I ask for your guidance, Mr Speaker, on whether the Attorney General was in order in relying upon the convention, and how I might elicit the information that I was seeking.

[Mr Speaker]

I am grateful to the hon. Member for that point of order, and for giving me notice of it. Ministers are, of course, responsible for the answers that they give, but I can help him in some respects. It seems to me that he states the convention as reflected in the ministerial code accurately. A Law Officer can choose to make their advice public, as has happened in the instance to which he referred, and, as my predecessors have ruled, the rules of the House are in no way involved should they choose to do so, as is stated in “Erskine May”.

It is out of order to ask a question that seeks an opinion on a question of law, but I can confirm that the question that the hon. Member asked did not infringe that rule. He is entitled to table further questions to pursue what he considers to be an unsatisfactory answer. I have no doubt that he will do so with great urgency.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 24th September 2020 Commons Chamber

[Mr Speaker]

I am not quite sure that we have responsibility for the SNP conference at the moment. I call the Chair of the Justice Committee.

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

The Attorney General referred to the letter that she sent to me and other Select Committee Chairs on 10 September, which included a statement of the Government’s legal position on the United Kingdom Internal Market Bill. What support, input and advice did she receive from any legal officials in her Department, or from Treasury counsel, in drawing up that statement of the Government’s legal position?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Monday 27th April 2020 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Justice.

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

I know that all members of the Select Committee will wish to associate themselves with the Secretary of State’s tribute to prison staff and their work.

Does my right hon. and learned Friend accept that although the rates of infection are mercifully much lower than expected and anticipated—we are glad of that—very great strain is none the less being placed particularly upon overcrowded, older and Victorian and local prisons, which are frequently carrying far more prisoners than they were intended for? Will he confirm that the Government will use all measures, including, where appropriate, targeted early release, to meet our legal responsibilities in domestic and European law to protect the welfare of prisoners in the state’s custody and that of staff employed to carry out their duties in safeguarding those prisoners?