Oral Answers to Questions

Chris Law Excerpts

Tuesday 26th March 2024 Commons Chamber

[Edward Argar]

It is always a pleasure to face the gentle barbs of the hon. Gentleman, whom I have known for a long time. As I have made very clear on a previous occasion in the House, and indeed just a few moments ago, we consider that an annualised publication of these statistics is the most appropriate approach, in line with the publication of similar statistics such as those relating to deaths of offenders in the community.

[Chris Law (Dundee West) (SNP)]

12. What assessment his Department has made of the adequacy of legal aid for immigration cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The Legal Aid Agency monitors the provision of immigration legal aid and takes whatever actions are operationally available to it to ensure a supply of providers.

[Chris Law]

I was hoping for an answer but did not get one, so let me try this. While we all desperately want to see the Tories’ asylum backlog cleared, this effort must be well funded and must ensure access to justice. What we have instead is an under-resourced bureaucracy and a push to make rushed asylum decisions, combined with severe difficulty in accessing immigration legal aid, and as a result thousands of asylum seekers have effectively been denied the right to legal representation. Why do the UK Government stand alone in not recognising the enormous crisis in immigration legal aid?

[Mike Freer]

In fact, the Government spent £44 million on immigration legal aid in 2022-23. We have increased the hourly rate for those undertaking this kind of work, and we are looking at remote access and payment for travelling. All those steps we have taken to raise the level of funding in this important area. I have to say, however, that I think it takes a particular bit of brass neck for the SNP to lecture us on the funding of legal aid. I refer the hon. Gentleman to Scottishlegal.com, which has commented on how the SNP has decimated legal aid in Scotland.

Oral Answers to Questions

Chris Law Excerpts

Tuesday 9th January 2024 Commons Chamber

[Mike Freer]

The Crown Prosecution Service can take over any criminal prosecution. It may then carry out the prosecution or it may end or discontinue the prosecution if it does not believe it should have been brought in the first place.

[Chris Law (Dundee West) (SNP)]

T6.   I am pleased to say that the latest Scottish crime and justice survey has shown that the volume of crime in Scotland, including incidents not reported to the police, has fallen by 53%. In addition, we have one of the lowest levels of recorded crime in Scotland since 1974—50 years. I add my thanks to all those who work in Police Scotland Tayside for their duty and service on behalf of my constituents in Dundee. Will the Justice Secretary join me in congratulating Police Scotland and all the community safety partners who have contributed to that success?

[Alex Chalk]

We of course welcome any reduction in crime, and I am happy to congratulate Police Scotland on its work. It is encouraging that across the United Kingdom, and certainly across England and Wales, crime and reoffending are down. However, I urge the hon. Gentleman to ensure that Scotland does not anything that would be regrettable, such as rolling back on jury trials, which are a critical part of maintaining public confidence in the criminal justice system.

Oral Answers to Questions

Chris Law Excerpts

Tuesday 16th May 2023 Commons Chamber

[Alex Chalk]

I express my sincere condolences and deep sorrow to the family of my hon. Friend’s young constituent. As he knows, the provisions in the Police, Crime, Sentencing and Courts Act 2022 fulfilled our long-standing commitment to increase the maximum penalty from 14 years to life imprisonment for the offence of causing death by dangerous driving. The Department for Transport is considering the publication of a call for evidence on motoring offences. While work is continuing as to its precise scope and timing, it is expected to include aspects of drink and drug driving and the failure to stop and report, with the opportunity to raise other matters. I encourage my hon. Friend to write to me and the Secretary of State for Transport, and I would be happy to discuss these matters further.

[Chris Law (Dundee West) (SNP)]

T2. I welcome the Justice Secretary to his place. Does his agree with the former Prime Minister John Major, who recently said that “many short sentences are pointless and that a non-custodial sentence would be more effective and, perhaps, more fair”?

[Alex Chalk]

It is absolutely right that the judiciary, who I respect enormously, do justice on the facts before them. If they feel they can do justice and provide a remedy for the crime that has been committed against society through an unpaid work order, some sort of community disposal or a suspended sentence order, that is a matter for them. The volume of unpaid work orders has gone up, and we are very keen to ensure that the rehabilitation or the unpaid work takes place as close as possible to the community that has been offended against, so that if there has been criminal damage or shoplifting, individuals should pay back their debt to the very society that they betrayed. That is what we would invite courts, in the exercise of their independent discretion, to do.

Oral Answers to Questions

Chris Law Excerpts

Tuesday 18th October 2022 Commons Chamber

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

4. Whether he has had recent discussions with Cabinet colleagues on the compatibility of the migration and economic development partnership with Rwanda with (a) domestic law and (b) the 1951 convention relating to the status of refugees.

[Chris Law (Dundee West) (SNP)]

17. Whether he has had recent discussions with Cabinet colleagues on the compatibility of the migration and economic development partnership with Rwanda with (a) domestic law and (b) the 1951 convention relating to the status of refugees.

[Owen Thompson (Midlothian) (SNP)]

19. Whether he has had recent discussions with Cabinet colleagues on the compatibility of the migration and economic development partnership with Rwanda with (a) domestic law and (b) the 1951 convention relating to the status of refugees.

--- Later in debate ---

[Gareth Johnson]

Nothing in the UN convention prevents people from being transferred to a safe country. Rwanda is a safe country. It is a signatory to the convention. It has been praised by the UN for its work on refugees, and it is a good partner to do business with.

[Chris Law]

Yesterday I returned from Rwanda, where I saw at first hand what some people are now calling Hopeless House, a refurbished orphanage. It is clear that there is zero transparency in respect of the £120 million payment to Rwanda.

Is the Justice Secretary not alarmed by the fact that the world’s largest refugee agency, the United Nations High Commissioner for Refugees, has said that this policy will

“undermine, not promote, the Government’s stated goal of improving protection for those at risk of persecution”,

and, as a result, will send the clearest possible message to international partners that this UK Government are stepping away yet again from their international responsibilities on human rights protections?

[Gareth Johnson]

What is clear is that the current situation in the channel is deathly. What we need to do is smash the business model of the people smugglers, and ensure that we have a safe and human route for those people who have been transferred to Rwanda. I am confident that we are on track to do that. We are confident of our legal position; no court has deemed our plan to be in any way unlawful.

--- Later in debate ---

[Brandon Lewis]

Yes, absolutely. I am looking forward to being able to roll out up to 8,000 new tags as part of the scheme we have announced. The scheme is funded and will be happening. It is important to stress that it is on top of current prison leavers, and it will give extra protection and confidence to communities because we will know what the people who are tagged are doing and where they are. It adds to community safety and gives a sense of safety to everyone.

[Chris Law (Dundee West) (SNP)]

T2. Recent statistics show the backlog in the Crown court has increased to more than 61,000 cases. Given our collective experience during covid and the necessity of non-face-to-face meetings, and how valuable the work done during such difficult times was, will the Justice Secretary update the House on what discussions have taken place on more use of virtual proceedings, and on a full and sustained funding package to modernise the courts estate? Does he agree that this needs to be implemented urgently, with Scotland receiving its full Barnett consequentials?

[The Parliamentary Under-Secretary of State for Justice (Gareth Johnson)]

The court backlog is an important issue. As part of the deal done with the Criminal Bar Association, we are looking at giving better funding for cross-examination under section 28 of the Youth Justice and Criminal Evidence Act 1999 for victims of serious sexual violence, but the hon. Gentleman will know that the Government have put in place a catalogue of measures to tackle the backlog in the Crown court. We want to get on top of the backlog; we were getting on top of it until the Bar strike took place, and thanks to the deal that has been struck, we are now optimistic that it will start to come down.

Oral Answers to Questions

Chris Law Excerpts

Tuesday 24th April 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I thank my hon. Friend for the question. The case that he refers to is a tragedy, and I am aware of it. We are in the middle of the independent inquiry into child sex abuse, and the interim report is out this week. Officials from my Department are fully engaged with that, and we are conscious that in some institutions that the Department is responsible for allegations have been made that child abuse has taken place in the past. Once we have a handle on that totally, we can start talking about the possibility of compensation.

[Chris Law (Dundee West) (SNP)]

A failure to agree on arrangements in international family law risks leaving a serious gap in the legal framework for proceedings involving children with family connections to the UK. Can the Secretary of State confirm what contingency planning is being undertaken to deal with that risk?

[Lucy Frazer]

It is really important that as we leave the EU we try to get arrangements similar to those that we have in relation to our cross-border workings through our court system. Family law is one of the important matters that we need to look at. I was very encouraged to see in the EU’s recent guidance that reciprocal arrangements in relation to family are one area that they are particularly interested in.

European Union (Withdrawal) Bill

Chris Law Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

Last week, we heard excellent forensic legal analysis, on both sides of the House, from the shadow Secretary of State for Exiting the European Union and from the right hon. and learned Member for Beaconsfield (Mr Grieve). I endorse much of what they both said but, for my part, I, like my SNP colleagues, will vote against the Second Reading of the Bill. There is no question that the Scottish National party could support the Bill until there is considerable movement towards respecting the wishes of Scottish voters who, as well as having endorsed the devolution settlement 20 years ago tonight, also voted to remain in the European Union.

Conservative and Unionist Members for Scottish constituencies seem to be a little hard of hearing and appear not to have read their briefings about the Bill—or indeed the Bill itself—so let me spell out for them why this is a power grab on the devolved institutions. I will use not my own words, but those of the non-partisan and neutral Law Society of Scotland:

“The effect of the bill would be to remove the legislative competence of the Scottish Parliament in relation to any matter in retained EU law. This would be the case even if it related to areas of law not reserved to the UK under the Scotland Act, such as agriculture or fisheries.”

There are some of the devolved powers that are being grabbed back.

If Conservative Members cared to examine the Bill with the attention it deserves, particularly in relation to Scotland, they would see that it creates a complex division of decision-making responsibility that does not reflect the reality of devolution. In particular, it empowers UK Ministers to make changes in devolved policy areas without any involvement of either the Scottish Government or the Scottish Parliament. This includes policy areas such as the Scottish justice system, where the Scottish Parliament has primary responsibility. That is why we say that this Bill is a power grab.

Twenty years ago tonight, I hosted a party in my flat in Edinburgh for friends from all political parties that had voted for devolution in Scotland. The devolved scheme that followed was the brainchild of the late, great Donald Dewar.

[Chris Law (Dundee West) (SNP)]

On the position of Scottish Conservatives on devolution, I thought that Scottish Tory MPs would be interested in some breaking news. The Scottish Conservative leader, Ruth Davidson, has said on the BBC in the past hour that she is

“not flying the flag for Brexit”,

and would in fact vote again for remaining in the EU. I would like to hear what my hon. and learned Friend has to say about that.

[Joanna Cherry]

My hon. Friend makes my point for me.

The point I was about to make is that 20 years ago in Scotland, people from all political walks of life voted for the devolved settlement. It is the settled will of the Scottish people. The question for the 12 new Scottish Tory MPs is: will they make their presence felt in this Parliament, and will they protect the democratic will of the Scottish people, including their own constituents, who voted for devolution 20 years ago by 75% and voted to remain in the European Union by 62%? Tonight is a test of their mettle. Will they represent their constituents’ views? Will they defend the devolved settlement in Scotland? Will they follow what their leader in Scotland, Ruth Davidson, has said, or will they troop through the Lobby like lobby fodder to undermine the settled will of the Scottish people and their constituents?

Sexual Offences (Pardons Etc) Bill

Chris Law Excerpts

Friday 21st October 2016 Commons Chamber

[Chris Law (Dundee West) (SNP)]

I congratulate my hon. Friend the Member for East Dunbartonshire (John Nicolson) on bringing this important and essential Bill to Parliament. There has been huge progress in allowing lesbian, gay, bisexual, transgender and intersex equality in recent years, with significant changes in laws and attitudes that have seen Scotland become the best country in Europe for LGBTI legal rights, with the rest of the UK close behind.

Despite those welcome steps forward, we must never forget the appalling way LGBTI people have been treated in the UK throughout history. The criminalisation of thousands of gay and bisexual men, who were cautioned, convicted, imprisoned and even castrated under homophobic laws that banned sex between consenting adult men is a complete wrong in our history. We must now take ownership and apologise for that.

The namesake of this Bill, Alan Turing, was a mathematician, code breaker and computing pioneer, whose work cracking the Enigma code is said to have shortened world war two by two to four years. He lost his job with the secret service after being convicted of gross indecency, and he was chemically castrated by means of a series of injections of female hormones. As a result, he took his own life just two years later, in 1954.

In 2013, Alan Turing was granted a posthumous royal pardon—61 years after he had been charged at a Manchester police station. Now, that is all good, but it is perverse and illogical that Turing is the only person so far to have been pardoned. I am sure no one in the House doubts that there needs to be wider action. The Government have a duty to pardon everybody who was convicted under the gross indecency law in these historical homophobic rulings.

It is thought that at least 49,000 other gay and bisexual men were convicted under similar outdated laws, until homosexuality was deemed not to be illegal in 1967. Each was just as unfairly persecuted, and many suffered similarly awful fates to Alan Turing. It is estimated that 16,000 of these men are still alive today. Many find themselves outed, interrogated and ostracised from society over their sexuality, and they have suffered long-lasting psychological damage.

From what I understand, there is currently a disregard process. Men can apply through the Home Office to have their record cleared, which removes any mention of an offence from criminal record checks. That is simply not good enough. Although those men would still have to apply to have their record expunged, the Bill would give a blanket pardon to all men who have lived their life with an unfair, unjust criminal conviction.

Stonewall, the leading LGBTI charity, has given its full support to the measures laid out in the Bill, on the basis that it makes a stronger statement on the seriousness of the Government’s commitment in this area of social life. If we are to take action, and to provide leadership, it is best that we do that wholeheartedly, with the full backing of the law. I would go further and call on the Prime Minister to make a full public apology to LGBTI individuals in the United Kingdom for the injustice they have suffered.

Nothing we do now can fully make amends for the cruel discrimination these men have suffered. However, I hope this Bill goes some way towards giving a sense of closure to these men and their families.