Oral Answers to Questions

Debate between Alex Chalk and Marion Fellows

Tuesday 27th June 2023 Commons Chamber

[Alex Chalk]

The hon. Lady raises an important point by referring to those three cases. What concerns me is that one defendant’s actions could be copied by others, who take the view that that is somehow a way of getting away from the consequences of their actions. She makes it a political point—we are in the House of Commons, so I totally understand that—but I could equally make the point that the legislation was not changed pre-2010 either. We have seen the anguish caused by these actions, so let me make the point that I want to know that when an offender is sitting in a cell, trying to get to sleep when the rest of the world is getting to sleep, the judge’s words of condemnation are ringing in their ears. There are victims who find it hard to ever recover, so why should that defendant ever be able to sleep soundly in their bed?

[Marion Fellows (Motherwell and Wishaw) (SNP)]

17. What recent discussions he has had with Cabinet colleagues on the potential impact of the Illegal Migration Bill on access to justice for asylum seekers.

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

The Illegal Migration Bill will break the business model of people-smuggling gangs, deter migrants from making dangerous channel crossings and restore fairness to our asylum system. The Bill will provide a robust but fair legal framework to remove illegal migrants swiftly while ensuring that proper opportunity to appeal remains. I am working closely and regularly with Cabinet colleagues on the implementation of the Bill.

[Marion Fellows]

I thank the Minister for his answer. The Illegal Migration Bill would prevent UK courts from granting an interim remedy to delay the removal of an individual while their judicial review claim is heard. Is that not a fundamental attack on the rights of an individual to access the courts? Does he really believe that an asylum seeker will be able to participate effectively in a judicial review if they are already in Rwanda?

[Alex Chalk]

This is a fair country and we will always take what proper steps we should to ensure that individuals’ rights are upheld. I respectfully say this: as well as considering those migrants who come across the channel, the hon. Lady needs to think about those migrants on the north coast of France who are thinking about whether to put their lives into the hands of people traffickers. We need to send a clear message that they should not do so. I also say respectfully that she should think about the rights of the British people who are having to fund a great deal of this. We will be fair, but we will also be firm and make no apology for either.

Oral Answers to Questions

Debate between Alex Chalk and Marion Fellows

Tuesday 14th July 2020 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

What recent discussions he has had with the Scottish Government on proposals to update the Human Rights Act 1998.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

We regularly engage with the Scottish Government, as well as the Welsh Government and the Northern Ireland Executive, on a range of justice-related matters, including human rights. The Government committed to looking at the broader aspects of our constitution, including updating the Human Rights Act. I can assure the hon. Members that, once the work on the Human Rights Act review commences, the implications for the devolved Administrations will be closely monitored.

--- Later in debate ---

[Alex Chalk]

I thank the hon. Lady for her question. There is a manifesto commitment to look at updating the Human Rights Act, which is now—what?—20 years old or so, but we have yet to set the terms of reference. Of course it is the case that, as we go forward in that process, the implications for the distinguished and distinct, separate legal jurisdiction of Scotland must be taken into account, and that is exactly what we will ensure takes place.

[Marion Fellows [V]]

Can the Minister confirm what criteria will be used to appoint members to this independent review? Will it include members with expertise in the human rights regime in Scotland, and will civic society organisations from Scotland be able to submit evidence and participate in the review?