Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 9th January 2024 Commons Chamber

[Mike Freer]

I can confirm that, following the Bellamy report and the implementation of what is known as CLAIR—the criminal legal aid independent review—we have invested over £141 million extra in the legal aid system, addressing many of the concerns that legal practitioners, including the Law Society, have raised. I can reassure the hon. Gentleman that I am in constant dialogue with the Law Society on how we can improve legal advice for citizens.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

7. What recent assessment he has made of the adequacy of human rights legislation.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

9. What recent assessment he has made of the adequacy of human rights legislation.

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[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

The United Kingdom has a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our international human rights obligations. We remain committed to a human rights framework that is up to date, fit for purpose and works for the British people. We have taken, and are taking, action to address specific issues with the Human Rights Act, including through the Illegal Migration Act 2023, the Victims and Prisoners Bill and the Overseas Operations (Service Personnel and Veterans) Act 2021, which address the vexatious claims against veterans and the armed forces.

[Stuart C. McDonald]

The Rwanda Bill is the second piece of legislation that this Government have introduced that they cannot guarantee will comply with vital convention rights. Does that not illustrate the total inadequacy of UK human rights legislation? Any old Government—even a crumbling Tory Government—can rip up fundamental rights without constraint, doing over the Supreme Court in the process.

[Alex Chalk]

No, I reject that characterisation. The European convention on human rights, under article 13, provides a right to an effective remedy. We think there is a perfectly respectable argument that our legislation fulfils that. We are committed to human rights, and we think we have a route that safeguards those rights and delivers on the interests of the British people.

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 16th May 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I start by congratulating the new Justice Secretary on his appointment: he has always come across as a measured and principled parliamentarian, and someone who is very serious about the rule of law. But what better way to trash that hard-earned reputation than by penning a joint opinion piece with the Home Secretary in defence of the outrageous Illegal Migration Bill, which blatantly trashes four international rights conventions and which the Law Society itself has warned has serious implications for the UK’s standing as a country that upholds the rule of law? Why is the Justice Secretary defending the Home Secretary instead of the rule of law?

[Alex Chalk]

The rule of law is absolutely essential to who we are as a nation. It does mean, on the one hand, that no one should be mightier than the law and we should all be accountable equally before it, but it also means that where there are those who break the law—I pause to note that arriving illegally in the UK has been against the law for decades—there must be consequences. If there are not, the rule of law is brought into disrepute. That would be bad for our country and, indeed, for the international rules-based order.

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[Mr Speaker]

I call the SNP spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

If the right hon. and learned Gentleman wants to be seen as a Justice Secretary who will stand up for the rule of law and access to justice, he should be putting the greatest possible distance between himself and the dreadful pet project of his predecessor by disowning the Bill of Rights altogether. Importantly, will he stop that Bill being split up and dropped into other pieces of legislation, as we have already seen with the Illegal Migration Bill? Instead of undermining respect for international rights, why does he not work to incorporate more rights into domestic law, such as the UN convention on the rights of the child?

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 28th March 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

During yesterday’s debate on the Illegal Migration Bill, I sought clarity on how people impacted by the Bill will be able to secure access to legal advice and legal aid. Those people—be they an Afghan fighter pilot or an LGBT person who has fled Uganda—will have just eight days to make an application and seven days to appeal against removal on the grounds of serious and irreversible harm, and all that will happen while they are in immigration detention. So let me try again: how will access to legal advice be secured for such people, and will legal aid be available to them?

[Mike Freer]

If I may, as it is such a technical issue, I will happily meet the hon. Gentleman or write with a detailed answer.

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[The Minister of State, Ministry of Justice (Damian Hinds)]

I thank my right hon. Friend. All our sympathies are with her constituents and the family. I will, of course, be very happy to meet her.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Casey report reminds us that we must be alive to racism not only in the police, but in the whole justice system. Will Ministers engage with and act on a significant report by Manchester University and a Crown court judge, which found that racial bias plays a significant role in the justice system, including discrimination by judges? The report made a series of constructive suggestions to address this issue.

[Dominic Raab]

I will certainly take a look at the Manchester academic report the hon. Gentleman refers to. I know, through my work with His Majesty’s Courts and Tribunals Service and the senior judiciary, that they are very mindful of the issue he raises. It is important. Equally, we need to ensure that we are rigorous and colourblind to all crimes, and ensure that the rule of law applies across all communities. That is the best way to make sure we strengthen and reinforce public confidence in the justice system.

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 21st February 2023 Commons Chamber

[Dominic Raab]

The hon. Gentleman needs to read the Bill of Rights. It envisages that we will stay a state party to the ECHR, which is retained in a schedule, so all his other concerns melt away.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Both the Prime Minister and the Deputy Prime Minister have repeatedly failed to rule out withdrawing from the convention in the longer term, the impacts of which would be international humiliation for this country and a severe blow to international human rights law. It is shocking that these questions even have to be asked of the Government. What we need from the Justice Secretary is a full-throated defence of the convention and a commitment to the UK’s long-term membership. Instead of playing along with his more extreme Back Benchers, will he now deliver that unequivocal defence and a long-term commitment?

[Dominic Raab]

I am surprised to hear the SNP talk about extreme members of other parties. At the moment, the UK’s single biggest human rights concern is the trade in misery we see with the small boats and illegal immigration across the country. If the hon. Gentleman is committed to human rights, he should back us in taking every conceivably measure to deal with that problem.

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[Mr Speaker]

I call the Scottish National party spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It has become apparent that if the Justice Secretary does not act, the Retained EU Law (Revocation and Reform) Bill could see thousands of part-time judges face a massive loss of pension rights, pushing many away from office at the worst possible time. This morning, when we debated the matter in a Delegated Legislation Committee, the Under-Secretary of State for Justice, the hon. Member for Finchley and Golders Green (Mike Freer), was a little vague about whether the Department would fix this specifically by retaining the relevant regulations. Can the Lord Chancellor give that clear commitment today?

[Dominic Raab]

Of course, as the retained EU law Bill goes through, we will consider any significant issues that are raised, but that Bill is critically important as we take control of our own destiny and make sure that we have laws tailored to the UK that best suit the circumstances of the UK, whether that is England, Scotland, Northern Ireland or Wales. The hon. Gentleman ought to support that.

DRAFT JUDICIAL PENSIONS (FEE-PAID JUDGES) (AMENDMENT) REGULATIONS 2023

Stuart C McDonald Excerpts

Tuesday 21st February 2023 General Committees

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is good to see you in the Chair, Ms Nokes.

I too will give the Minister an easy time, and in fact the contribution from the shadow Minister, the hon. Member for Stockton North, has just made my task easier as well because he has raised the big question I intended to ask.

The long and short of it is that the regulations are required to implement various judgments and the SNP fully supports that. I also acknowledge the work that has been undertaken with the devolved Administrations, and I know that the Scottish Government support the draft regulations. As the shadow Minister has said, however, the key question is what happens to today’s regulations and the 2017 regulations amended by them as a result of the Retained EU Law (Revocation and Reform) Bill? The shadow Minister has said that it could amount to a 43% pay cut for some part-time judges.

Earlier this week, Joshua Rozenberg wrote an article about the matter in the Law Society Gazette in which he raised those same questions and noted:

“These concerns have been heightened by the fact that ministers fought against paying these pensions at every step from 2005 to 2019 — even though the government was advised in 1999 that part-time judges were covered by the EU directive.”

If at all possible, we need certainty about that today—what will be the implications of the Retained EU Law (Revocation and Reform) Bill for today’s regulations and the 2017 regulations which they amend?

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson, Stuart C. McDonald.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is carers, victims of domestic violence, disabled people, trafficking victims and people with mental health issues who are among those who have vindicated crucial rights and tackled Government discrimination using the Human Rights Act. Their victories could not have happened under his Bill. As we face up to the cost of living crisis, should we not be strengthening our citizens’ rights rather than undermining them? Why does he want to put people in the UK into a second-tier system of rights protection?

[Dominic Raab]

A series of cases have been put about that either would not be affected by the Bill of Rights or were not the product, in terms of the remedy, of the Human Rights Act. I do not accept the hon. Gentleman’s assertion; I want to work with hon. Members from all parts of the House. There is a great opportunity to strengthen the UK tradition of human rights—I think we should be proud of that as one United Kingdom—but to deal also with the elastic interpretation of rights and the shifting goalposts that have undermined the credibility of human rights and put huge pressure and strains on our ability to protect the public.

[Stuart C. McDonald]

The only thing undermining human rights protections in this country is the Justice Secretary’s proposed Bill of Rights. The reality is that a nursery class could have designed a more sensible piece of legislation than his Bill of Rights. Everybody from human rights campaigners to big city lawyers are saying so—indeed, even the disastrous Truss Administration understood that fact. Given the universal criticism, what exactly is it that makes him think he can just carry on regardless, without even a further consultation?

[Dominic Raab]

I am afraid I do not accept that characterisation. I think that on Second Reading, the hon. Gentleman will see the level of support. There has already been consultation on not just the policy proposals but specific clauses. We have looked at this at length. It is a manifesto commitment dating back to 2010. It remains one today, and we are going to deliver it for the British people.

Ten-Year Drugs Strategy

Stuart C McDonald Excerpts

Monday 6th December 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank the Minister for his statement and his letter, and of course we all desperately want to see the consumption of drugs and the devastation he referred to tackled urgently. Aspects of the strategy are welcome, including acceptance of Dame Carol Black’s recommendations—I think he said “all”, but perhaps he could clarify that—as well as funding for treatment, including harm reduction; more use of diversion from prosecution; work to tackle organised crime; and a commitment to collaboration with the devolved Governments.

However, I do not think the Minister will be shocked that I want to push him again on the need for overdose prevention facilities. I appreciate that he does not share my keenness for them, but given there is strong evidence from other countries that they help to reduce harm significantly, surely there must now be some trials conducted in the UK to confirm whether they can help here, too. That would be exactly strengthening the evidence base he has referred to a couple of times in his statement. Can I also push him on drugs checking facilities and on the regulation of pill presses? What are the implications of his strategy for these policies, because as far as I can see, it is silent on them?

If the Minister cannot answer those questions positively, then what really is different about this strategy compared with the other six that have been produced in the last quarter of a century? Is he not at risk of recycling the failed war on drugs in relentlessly ramping up punishment when the Home Office’s own research shows that that does not work? Is the UK not at risk of being left behind by the evidence-led public health approaches being followed by many other countries across Europe, north America and further afield?

Finally, the Minister may be aware of the campaign to tackle stigma launched today by the Scottish Government, recognising that people struggling with a drug problem should get support and treatment like those with other health conditions. Will he agree that tackling such stigma is vital in order to encourage people to seek the help that they need?

[Kit Malthouse]

I obviously recognise the hon. Gentleman’s concern in this area, given the scale of the problem in Scotland, which is by far and away the worst in the western world. I know that the party of which he is a member, and the Government in place in Scotland, have relatively recently made a similar investment along the same lines in health treatment.

On drug consumption rooms, I have always said that my mind is open to the evidence, and I am in correspondence with my counterpart, the drugs Minister in the Scottish Government, about what that evidence might be. As far as I can see thus far, it is patchy. It is very hard to divine the difference between an overall health approach on drug consumption and the specific impact of a drug consumption room. However, we continue to be in dialogue with the Scottish Government, as we are on pill presses and, indeed, on drug checking. My commitment to the drugs Minister in Scotland was to continue that dialogue and see what we could do.

On overdose prevention centres, at the moment, under current legislation, we believe there are a number of offences that would be committed in the running of one of those rooms, and that is a legislative obstacle to their running. In the end, though, the biggest impact we have seen in all parts of the world that have been successful in this area has been from a widespread investment in health and rehabilitation. I hope that the Scottish Government will support the efforts of my hon. Friend the Member for Moray (Douglas Ross), the leader of the Scottish Conservatives, who has been very concerned about this issue and has been driving a campaign forward in the Scottish Parliament.

On stigma, I am afraid I do not necessarily agree. While we want to work closely to make sure that those who are addicted to class A drugs get the treatment they need, we need to be careful not to send confusing signals to those people who otherwise indulge in class A drugs and drive a huge amount of trade but do not regard themselves as addicted. I will be interested to see what the progress is in Scotland.

The key thing in all the home nations is that, as we roll out our various policies, we learn from each other. My pledge is that I will continue the home nations summits, which I have been holding regularly, most recently a couple of months ago in Belfast, to make sure that we do exactly that.

Afghan Citizens Resettlement Scheme

Stuart C McDonald Excerpts

Monday 25th October 2021 Commons Chamber

[Victoria Atkins]

I am extremely grateful to my right hon. Friend for highlighting one of the factors that I must bear in mind while I am at the Dispatch Box and that the Government must bear in mind in public communications: the unintended consequences of what we say at the Dispatch Box, how that may reverberate into Afghanistan and the impact it may have on people still in Afghanistan. I know from conversations I have had with Afghans who have been evacuated that when pronouncements are made in this place or in the media, they really do have unintended consequences in Afghanistan. I am afraid that I have to temper all my answers to ensure that neither I nor anyone else in this place inadvertently creates consequences that none of us would want.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I congratulate the hon. Member for Brighton, Pavilion (Caroline Lucas) on asking some pretty basic but vital questions about the resettlement scheme. We all want to support resettlement, but we all need to know more, too. Even the expression “up to 20,000” is far too vague. What does that mean? Is the Minister confident that 20,000, or even close to it, will be achieved?

Thirty of Scotland’s 32 local authorities are among those that have committed to supporting Afghans under the different schemes, but specific offers are made more difficult because we have seen delays in matching families to properties, and worries that vital housing stock will have to sit empty for weeks and months. What can be done to speed up that process so that more properties are released?

If over 3,000 Afghans in the asylum system were granted refugee or humanitarian protection as a matter of urgency, more properties could quickly become available, so is that happening? Crucially, when does the Minister aim to have people who are already here out of bridging hotels, and how many are currently in them? Does she share my concern that hotels are being targeted by far-right activists? What lessons do we learn from that for asylum accommodation policy?

Why are there delays in issuing Aspen cards and biometric residence permits? Does the Minister agree that more mental health support is urgently required for those stuck in these hotels? Finally, will she comment on the shocking revelations yesterday that the number of people dying while accommodated in the asylum system has increased hugely, and explain what the Department is doing to understand why that is the case and what the implications are for its future asylum accommodation policy?

[Victoria Atkins]

I thank the hon. Gentleman for his questions. May I also take the opportunity to thank the Scottish Government for the work they are doing to help us with our resettlement programme for Afghans? It really is appreciated. I know that the Scottish Government, as well as the Welsh and Northern Irish Governments, are working with us to ensure that we are able to offer accommodation to Afghans across the United Kingdom.

On matching delays, one thing we tried to do, and indeed have done, over the last two months since Operation Pitting finished was conduct detailed induction interviews with every single family in bridging hotels. There may be some who say, “Why didn’t this happen in Kabul?” Well, with the best will in the world our soldiers on the ground in Kabul, we will remember, were in an emergency and in highly dangerous circumstances. They were not able to conduct the sort of detailed interviews that we have been conducting over the last few weeks. We have been able to do that and are cleansing that data at the moment. Having that data now means we will be able to match homes to families much more quickly in future. Again, as hon. Members will appreciate, an offer of a two-bed flat is not much good if a family has five or six children. We have to match very carefully. We are also mindful that, where we can, we want to take into account, for example, community ties and links with defence. The Ministry of Defence is working with the Royal British Legion and others to try to ensure pastoral support for our ARAP friends as well. It is not simply a question of matching numbers to homes.

On bridging hotels, we have approximately 11,000 people in bridging hotels at the moment, which shows the scale of the task. [Interruption.] The hon. Gentleman’s eyebrows raised a bit with that. That shows the scale of the task ahead of us. This will take time. I have been frank with the House at every opportunity to make that clear. It will take us time, but we want to do it right.

The hon. Gentleman is absolutely right to raise the issue of security. Again, I do not want there to be any unintended consequences, but we are very, very mindful of the security needs of our bridging hotels and the people who reside in them. Clearly, any actions to target them are not only unlawful and illegal, but despicable in moral terms. The police and others will work very hard to ensure that that does not happen.

On Aspen cards, we have been issuing them as quickly as we can. There was a slight technical glitch at one point with the provision of chips within cards—I will not bore the House with that—but we have managed to get over that. Aspen cards are very much a part of our support package to people in bridging hotels.

Independent Review of Administrative Law

Stuart C McDonald Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I am grateful to my hon. Friend, the Chair of the Justice Committee. His reference to the late Lord Bingham and the description of the audit role is an invaluable intervention. That is precisely what the Government seek to do here. It is all about protecting the role of the judiciary as well. I am a fierce defender of their role and I want to make sure that they are not inadvertently drawn into matters of policy, which are matters for this place, the Government, and democratic institutions, and not drawn into merits-based assessments as opposed to assessing the legality or otherwise of Executive action or omission.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

I thank the Justice Secretary for his statement and the panel for its work. We will, of course, scrutinise the report carefully and constructively, but we will do so from the starting point that there is very little about this vital democratic safeguard that needs to be fixed. We absolutely do not share the Justice Secretary’s concerns about perceived expansion of judicial review. Our concern is that successive Conservative Governments have sought to constrain anything that gets in the way of their agenda: a gagging Bill on charities; restrictive trade union laws; cuts to legal aid; and, this week, the egregious attacks on the right to protest. We would be utterly failing as an Opposition if we did not approach this whole project with a healthy and significant degree of scepticism and concern. Talk of ouster clauses and restricting remedies is indeed especially alarming, and leads us to question again—is not this more about the Prime Minister’s anger at judgments such as the article 50 Miller case or the Prorogation case led by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry).

Par for the course, this announcement was trailed this week in the context of migration litigation, but, in that context, if the Government were really interested in reducing reliance on judicial review, why do they not restore the statutory appeal rights that they have slashed and burned over the past decade or invest properly in decision making, so that it is faster and more decisions are right first time? In short, it is better to fix the failing Home Office instead of meddling with one of the only systems that people have left to protect themselves from its incompetence. That is true right across Government. More reviews about asylum seekers have been talked about this week. Tomorrow, it will be people’s housing or social security cases.

Finally, the Justice Secretary has been reminded repeatedly from these Benches that the inherent supervisory jurisdiction of the Court of Session to review Acts of Government is protected by the Act of Union and the Treaty of Union. Will he confirm that anything that impinges on that jurisdiction is not for this Westminster Parliament or Government to decide?

[Robert Buckland]

I am grateful to the hon. Gentleman. May I answer his last question first? I can give him that assurance. With regard to the Cart jurisdiction, that clearly relates to a reserved matter concerning immigration issues, which does, of course, apply to the Scottish jurisdiction as well. In respecting separate jurisdictions, as I always do, these proposals relate to England and Wales matters and have been carefully delineated in that way.

With regard to the hon. Gentleman’s other assertions, I will simply say this: to conflate issues relating to public order with this Government’s approach to the rule of law and their steadfast belief in democratic institutions is, once again, to stretch reality too far. Without repeating the arguments that we had earlier this week, I cannot equate the adoption of recommendations by the independent Law Commission about the law of public nuisance with the sort of reactionary, authoritarian acts of France of the 1790s. It beggars belief that such comparisons are being made. They do not stand close scrutiny, and I am sure that in the weeks and months ahead, the intellectual poverty of these arguments will be exposed.

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 16th March 2021 Commons Chamber

[Chris Philp]

I ask the House to be aware that these deductions pay not only for fines, but for compensation to victims, and we should be mindful of that. These orders are ultimately made by a judge, who, in making the order, has discretion and will take someone’s circumstances into account. I repeat the point that I made previously: if someone is experiencing difficulty, it is always open to them to go back to the court to have the order remitted, either in part or in whole.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The entire country has been shocked and appalled by the disappearance of Sarah Everard and the discovery of her body last week, and I know the thoughts of the whole House are with Sarah’s family and friends. Our minds are also on our constituents—the women who have shared their own stories of harassment and harm over the last week. After a quarter of a century of working with victims as a criminal practitioner and sitting as a part-time judge, and as someone who has worked with Members of all parties to successfully include stalking offences in our criminal law, and having taken groundbreaking legislation through this House on coercive control, these stories were all too depressingly familiar to me. Our country today should be a place where no woman has to live in fear of men, and I will continue to work tirelessly to build a criminal justice system that is better able to protect women and girls and that, most notably through our landmark Domestic Abuse Bill and the Police, Crime, Sentencing and Courts Bill, delivers more protection. The Government will work across this House to achieve that end.

[Stuart C. McDonald [V]]

I thank the Justice Secretary and echo the sentiments that he expressed.

It was the Justice Secretary who made the required statutory statement that the Police, Crime, Sentencing and Courts Bill is compatible with convention rights, but given the many voices expressing grave concerns about the impact of that Bill on our human rights —especially rights relating to protest—did he have second thoughts about making that statement and, most importantly, will he listen to those concerns and act on them?

[Robert Buckland]

I thank the hon. Gentleman for his comments, but no, I do not have any second thoughts. The particular provisions on protests are a reflection of the Law Commission’s 2015 report and of the common law in England and Wales on public nuisance, which refers to, among other things, “annoyance”, “serious annoyance” and other terms that are well known to law. The maximum penalty in common law for public nuisance was life imprisonment. That is being reduced to 10 years. Frankly, I really do not see what the fuss is about. I rather think it is a confection designed to assist an Opposition in difficulty.