Northern Ireland Protocol Bill

Debate between Robert Neill and Michael Ellis

Committee stage
Wednesday 13th July 2022 Commons Chamber

[Michael Ellis]

I will give way in due course, if I may, because I will come on to the specific amendments, and it might be more prudent to give way at those points to the individual Members.

Clause 16 supports the functioning of the Bill by granting the power to make new arrangements in any cases where it becomes necessary to use the powers contained in clause 15. That means that new law can be made via regulations, if appropriate to do so, in relation to any element of the protocol or withdrawal agreement that has become excluded provision as provided for in the regulations made under clause 15. Clause 16 is vital to ensure the functioning of the Bill and prevent any gaps in the arrangements established underneath it. Without it, there is a risk of not being able to address properly any new issues arising from protocol provisions.

I thank Members for their contributions. The Government are committed to ensuring that the Bill goes through the appropriate scrutiny, with 18 hours set aside before the summer recess, while balancing the need for urgent action to ensure that protocol issues are rectified as soon as possible. Amendment 1, tabled by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), amends clause 1 and paves the way for his amendment to clause 26, which we will debate next week and which reflects a desire for Parliament to approve in a vote the provisions in this Bill before they can be commenced. I am cognisant of the fact that it was not two years ago that he famously introduced a similar amendment to another Bill, of which the Government broadly accepted the substance. However, the situation is not the same as it was two years ago.

Now, we face an urgent and grave situation in Northern Ireland, not a hypothetical one. We know that, as it stands, the EU is not prepared to change the protocol to resolve the problems we face—we have tried that repeatedly—and that there is no prospect of seeing a power-sharing Government restored in Northern Ireland if we are unable to tackle those problems. It is a simple fact. We need to be able to move swiftly, using the powers in the Bill to deliver the changes we propose and enable the protocol to operate sustainably.

[Sir Robert Neill]

I understand what my right hon. and learned Friend is saying, and I am grateful to him. However, if there is a need to act urgently, it is likely to be many months before the Bill completes its parliamentary passage. With respect, that is a contradiction. He is actually making a compelling case for using the article 16 safeguarding procedure.

Functioning of Government

Debate between Robert Neill and Michael Ellis

Thursday 7th July 2022 Commons Chamber

[Michael Ellis]

The business of the House of Commons will continue. There are Ministers to continue in place. I cannot pre-empt the Prime Minister’s statement, but I have spoken to the Cabinet Secretary today and the Government and civil service will continue to function in their public duty.

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

I am grateful to my right hon. and learned Friend and have great sympathy for the position he finds himself in. He and I have had to take some pretty rough cases in court in the past, and he has drawn a few short straws recently in that regard—and done so with dignity, if I may say so. May I ask him just to take this away? Whatever one’s views on the Prime Minister, and while I accept the importance of the continuity of the Government and the fact that there is no need for a general election at all—there is plenty of precedent for that—will my right hon. and learned Friend take away the serious question mark that many have about how long a caretaker Prime Minister can remain in place when there is real concern about whether the Government can be fully and effectively back? Might it not be in everybody’s interest to speed up the transition as much as possible?

[Michael Ellis]

I thank my hon. Friend for his kind remarks. He is right, of course, that a general election is not constitutionally necessary; the Prime Minister was before the Liaison Committee yesterday and said as much. We will await events, but I cannot pre-empt the Prime Minister’s statement.

Brexit: Opportunities

Debate between Robert Neill and Michael Ellis

Thursday 16th September 2021 Commons Chamber

[Michael Ellis]

Of course, the whole area of AI will open up myriad issues such as the one that the hon. Lady referred to. The Government are alive to those points and will take all those issues into careful consideration.

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

I welcome my right hon. and learned Friend to his place and, as Chair of the Justice Committee, thank him for and pay tribute to the admirable way in which he exercised his duties as a Law Officer of the Crown, which he did impeccably. He will know from those previous posts, better than most, the level of complexity that surrounds retained EU law and that removing it will be no less complex. We need to ensure that we do so in a way that does not create legal uncertainty or disadvantage the United Kingdom financial markets, for example, in relation to ongoing, long-term contractual arrangements or financial instruments. Will he make sure that we do this with great care, perhaps working with experts such as TheCityUK and the Financial Markets Law Committee, and that we structure that in such a way that enables financial and legal services to benefit from access to new markets that we may be able to open up as a result of free trade agreements?

[Michael Ellis]

I thank my hon. Friend for his comments and for his kind remarks earlier in the House. He is right about legal—as well as financial—services, and this is an opportunity. The legal community that I and he both know in this country is a world leader. We have first-class people who support our legal prowess around the world based right here. We want to do everything we can to further build on that and he is absolutely right to emphasise the importance of that sector. It is important economically, morally and in our leadership around the world, and we will continue to work to support it.

Oral Answers to Questions

Debate between Robert Neill and Michael Ellis

Thursday 1st July 2021 Commons Chamber

[The Attorney General]

The hon. Member is right to raise this point. Of course, access to legal aid is very important in the administration of justice, and this Government have maintained funding for that purpose. She is also right to focus on the impact of the pandemic on the system. As I have already indicated, financial matters are being dealt with very generously by the Treasury and the Ministry of Justice. This Government have spent over a quarter of a billion pounds on recovery, as she may know, that has helped to make court buildings safe, including by rolling out new technology for virtual hearings, which of course is less expensive and less time-consuming. There is recruitment of additional staff, and there are Nightingale courts. Whether it be at one end of the criminal justice system or the other, this Government are funding the process so as to ensure speedy, safe and equal justice for all.

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

The Attorney General rightly referred to the work of the various justice agencies in this regard. The Director of Public Prosecutions gave powerful evidence to the Justice Committee on 15 June about the pressures that the backlog places on the Crown Prosecution Service. Every case that goes to court has to be worked on by CPS staff, and he is concerned that there is a real risk, in his word, of “fatigue” with case levels running at 50% above pre-covid levels. Can we make sure we have a whole-system approach of sustained investment in the Crown Prosecution Service and the rest of the prosecution service so that staff can cope with the demands of getting back on track and having cases brought forward timeously?

[The Attorney General]

I thank my learned friend for his question, and he is right to make this point about the wellbeing of staff in the criminal justice system and, having had Max Hill before his Committee, in the CPS in particular. My hon. Friend will know that Her Majesty’s Crown Prosecution Service Inspectorate’s reports have praised the Crown Prosecution Service and its focus on the wellbeing of staff during this period, because they have continued to deliver essential public service. In spite of the pandemic, staff have continued to attend courts, where necessary, to enable them to fulfil their public duty. I should say that the evidence his Committee has heard is correct: the total live CPS post-charge case load is 51% higher than pre-covid, which equates to 52,000 additional cases. In the magistrates court, there is an estimated increase of 3,800 cases that will require a trial listing, and there is an increase of 11,700—70%—in the Crown courts. So he is right to think about the wellbeing of staff and the fatigue that they are naturally enduring during this time.

Oral Answers to Questions

Debate between Robert Neill and Michael Ellis

Thursday 18th March 2021 Commons Chamber

[The Attorney General]

I do not think the emotive language that the hon. Lady uses is appropriate at all, and I have to say that that is not the case. The reality of the matter is that we have said we will always look at any ideas and suggestions. She talks about 55,000 cases, but only about 5,000 of those were actually referred to the Crown Prosecution Service. The CPS works very hard to prosecute and charge all the cases that are referred to it, and the statistics for that have gone up. Now, 65% of all rape cases that are referred to the CPS result in a charge. I suggest that she looks carefully at the CPSI report, which indicates good work in this area, although I very much acknowledge that more needs to be done.

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

I, too, welcome the Attorney General to his place and the Solicitor General in returning to her role as well. I know that the Committee will look forward to constructive engagement with both of them.

The Attorney General will know that there is particular concern about the backlog that exists in complex cases because of the difficulty in finding courtrooms, in the current circumstances, that have the capacity to try multi-handed, lengthy cases, particularly where people are in custody. Most of those are complex matters, and they are likely to grow. What discussions is he having with the Lord Chancellor, and with Her Majesty’s Courts and Tribunals Service and the judiciary more broadly, to find means by which capacity can be expanded and cases of this important kind can be brought to trial more swiftly, as much as is practically possible?

[The Attorney General]

I thank my hon. Friend for that question and for the work he does as Chair of the Select Committee on Justice. I am pleased that the CPS is doing all it can, as it should, along with all the other parts of the criminal justice system, to clear the backlog, which has accumulated, in large part, as a consequence of this pandemic. More staff have been hired by the CPS, thanks to an £85 million cash injection in 2019 from the Government and another £23 million last year from the Government also to support the CPS. However, he is right to highlight this point. I regularly meet people from across the criminal justice system to work on this issue of clearing the backlog as effectively and efficiently as possible.

Oral Answers to Questions

Debate between Robert Neill and Michael Ellis

Thursday 4th February 2021 Commons Chamber

[The Solicitor General]

I thank the hon. Gentleman for the interest he takes in the Crown Prosecution Service, and the Serious Fraud Office in particular. I know that he has a history of doing so, and we are grateful for it.

The reality is that the SFO has proper funding. The Attorney General and I meet the leaders of the Serious Fraud Office on a regular basis, and they know that this Government support them in what they do. They have, after all, obtained guilty pleas for bribery offences in the Petrofac case. The hon. Gentleman mentioned one other matter, but the reality is that they have secured convictions and guilty pleas in the Unaoil case, and agreed deferred prosecution agreements with Airbus and Airline Services. In a whole litany of cases they have secured very good results. Although I appreciate the hon. Gentleman’s point that there are always more resources that could be utilised, we will continue to support the Serious Fraud Office in its very good work.

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

May I start by asking the Solicitor General to convey to my right hon. and learned Friend the Attorney General the good wishes of myself and the members of the Select Committee on Justice, as I know she is due to start her maternity leave before we have the next session of questions to the Law Officers?

Does the Solicitor General recognise that it is not just a matter of resources? Both the current and previous directors of the Serious Fraud Office have pointed out that they are handicapped in dealing with some of the most significant corporate crime, because the United Kingdom’s law on corporate criminal responsibility—in particular, the need to identify those who are the “directing mind” of the company—does not reflect well modern corporate practice. Will he confirm that there will be swift action once the Law Commission, which the Government have asked to look at this matter, reports at the end of the year, so that we come up to speed and be able to tackle serious corporate crime more effectively, in much the same way as the United States can because it has a more modern and effective legal test?

[The Solicitor General]

I thank my hon. Friend, the Chair of the Justice Committee, for his remarks. I will convey his remarks—in fact, I know my right hon. and learned Friend the Attorney General will have heard them—wishing her well.

As far as the ability of the Serious Fraud Office to prosecute matters is concerned, as my hon. Friend knows, these issues are kept under constant review. They are very complex cases, and it is right that the law must keep up with issues at hand to enable the Serious Fraud Office and, where appropriate, the Crown Prosecution Service to conduct those services effectively. Those matters are always kept under close review.