Oral Answers to Questions

David Linden Excerpts

Tuesday 21st November 2023 Commons Chamber

[Alex Chalk]

The hon. Gentleman’s original question was about the resource that we provide to the ICC. We are the second largest donor after Germany, and we have provided some additional support this year. Questions about prosecution are matters for independent prosecutors. It is not for Ministers in this Parliament to make that sort of decision: that will be a matter for independent prosecutors, whom I would expect to exercise their discretion freely and fairly.

[David Linden (Glasgow East) (SNP)]

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

[Richard Thomson (Gordon) (SNP)]

16. 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)]

Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.

[David Linden]

The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that sufficient immigration lawyers are available to deal with deportations to Rwanda. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London, charities are only successfully finding legal representation for 4.1% of referrals. What steps is the Minister taking to ensure that the legal aid sector does not collapse in England and Wales due to the poor decisions made by his colleagues?

[Mike Freer]

The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.

--- Later in debate ---

[Alex Chalk]

No one in this House has done more than my right hon. Friend to clamp down on this iniquitous behaviour, and I am pleased that we have been able to make some progress. He makes a really important point: every day that is spent in court pursuing ill-founded and abusive litigation is time that could be spent on other matters in the public interest. I will certainly look into the interesting suggestion he makes about publishing the cost of that behaviour.

[David Linden (Glasgow East) (SNP)]

T8. After the Supreme Court ruling on Rwanda, the hon. Member for Ashfield (Lee Anderson) said that the Government should “ignore the laws” and put planes in the air anyway. The Prime Minister has failed to distance himself from those comments. Does that disappoint the Justice Secretary?

[Alex Chalk]

I refer the hon. Gentleman to the answer I gave a few moments ago. There is understandable righteous indignation about the situation that exists. We believe that we can comply and deliver our policies within the four corners of international law—that is our approach. However, those who arrive illegally threaten to corrode the rule of law, because that of itself sends out a poor subliminal message that those who do so can act with impunity. That does not strengthen the rule of law.

Oral Answers to Questions

David Linden Excerpts

Tuesday 27th June 2023 Commons Chamber

[Alex Chalk]

No one is a more doughty defender of the people in his constituency who are concerned about matters relating to Scampton than my right hon. Friend. This is principally a Home Office matter, as he knows, but the points he has made will have reverberated not just in this Chamber but, I am sure, all the way down the road to Marsham Street.

[David Linden (Glasgow East) (SNP)]

T2. One way of reducing reoffending is to ensure that returning citizens can get into employment when they leave prison. Given that a number of former prisoners experience employment discrimination, is it not time to ban the box?

[Alex Chalk]

We have already taken important steps to recalibrate disclosures so that they have to take place only when absolutely necessary, but the hon. Gentleman is right about employment. A prisoner who gets into employment is 10% less likely to commit an offence. I am delighted to see, through the huge efforts of employment advisory boards, employment advisers and employment hubs in custody, that the proportion of offenders in employment six months after release has doubled in the past year. A lot of work has been done, but of course there is further to go.

Oral Answers to Questions

David Linden Excerpts

Tuesday 18th May 2021 Commons Chamber

[Kit Malthouse]

I join my hon. Friend in celebrating the election of Commissioner Akinbusoye, who is one of the 29 Conservative police and crime commissioners—a full 70% of the available slots were secured by the Conservative party at the elections two weeks ago. My hon. Friend is quite right that police and crime commissioners have a critical role to play in offender management, given that more than half of crime is committed by reoffenders. At the severe end in particular, we know that, on average, all murderers in the country have committed at least seven previous offences. In my role as Policing Minister, I will work closely with police and crime commissioners to make sure that not only as chairs of their local criminal justice board but more widely they can play an important role in driving down reoffending.

[David Linden (Glasgow East) (SNP)]

Involvement in the criminal justice system can be especially upsetting for children, so will the Secretary of State join me in welcoming the Scottish Government’s proposal for a Bairn’s Hoose? The idea is that families and children would all be under one roof and looked after in a way that could be beneficial to families who come out of the criminal justice system. Are the UK Government willing to look at the idea as well?

[Robert Buckland]

I am grateful to the hon. Gentleman for that suggestion and would be interested to know more about the specific approach being taken. I assure him that south of the border the concept of supported accommodation and a supported approach is very much at the heart of what we are seeking to do, particularly with regard to young offenders. The development of the use of smaller units and diversionary work has been very much at the heart of what we have done over the past 10 years. The hon. Gentleman will see that the number of children now incarcerated has fallen from 3,000 to just over 500 or so in the past year. That is a dramatic improvement, but I am certainly interested to know more about the Scottish Government’s initiative.

Oral Answers to Questions

David Linden Excerpts

Tuesday 2nd February 2021 Commons Chamber

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

I am grateful to my hon. Friend for raising that point so powerfully. We fully recognise the devastating impact that domestic abuse has on children and their futures. The Domestic Abuse Bill will ensure that all children who experience the effects of domestic abuse are considered victims of domestic abuse in their own right, whether or not they are related to the victim or the perpetrator. I am pleased to report that the Bill was given a Second Reading in the other place last month, and we expect it to complete its passage by the spring.

[David Linden (Glasgow East) (SNP)]

With the introduction of the early release scheme at the outset of the pandemic, more prisoners will have needed assistance with their pre-release benefits from Department for Work and Pensions prison co-ordinating staff. Can the Lord Chancellor confirm that the DWP prison staff have indeed returned under covid-19 guidelines to help prisoners as part of that pre-release process?

[Robert Buckland]

The hon. Gentleman makes a very reasonable point. I can assure him that the degree of partnership with the DWP is better than it has ever been, with work coaches in our prisons to support prisoners prior to their release, in the weeks and months beforehand. Indeed, we are working actively to make sure that if benefit is needed, for example, it can be available in loan form on release. Of course, on Friday we made a major announcement about accommodation for people who are released from prison. It is all part of an overall approach that involves a home, a job and a friend, and of course the benefits system is playing its part in helping to improve that provision.

Oral Answers to Questions

David Linden Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Mr Speaker]

It might help victims if you did; I think that is the answer.

[David Linden (Glasgow East) (SNP)]

What assessment he has made of the implications of the UK Internal Market Bill for his responsibilities in upholding the rule of law.

--- Later in debate ---

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

I am absolutely committed, under the oath I took as Lord Chancellor, to upholding the rule of law; the freedoms and protections we all enjoy rely on it, and as a responsible Government, we remain wholly committed to it. At all stages, as a responsible Government, we must ensure that we have the ability to uphold our commitments to the people of Northern Ireland. We will do what it takes to protect the integrity of our United Kingdom.

[David Linden]

I believe the right hon. and learned Gentleman, but millions wouldn’t. The Bar Council and the Law Society of England and Wales say that clauses 41 to 45 of the Bill

“enable Ministers to derogate from the obligations of the United Kingdom under international law in broad and comprehensive terms and prohibit public bodies from compliance with such obligations. They represent a direct challenge to the rule of law, which include the country’s obligations under public international law.”

They are not wrong, are they?

[Robert Buckland]

With respect to those organisations, with which I engage almost daily, it is important that as a result of any potential conflict that might occur between domestic and international law, we make provisions as a responsible Government to prepare for the worst. That is the honest and upfront approach, as opposed to confession and avoidance in the event of any international dispute. Members must remember the context: these powers will be triggered only if there is a material breach by the EU, and we have set out examples on the Government website.

Oral Answers to Questions

David Linden Excerpts

Tuesday 14th July 2020 Commons Chamber

[Robert Buckland]

I am very grateful to my hon. Friend, who is a member of the Joint Committee on which I served in a previous Parliament. I am grateful to the Committee for its report on human rights and the Government’s response to covid-19 in that respect. We will respond very shortly. The early release processes continue, with Her Majesty’s Prison and Probation Service continuing to consider eligible women for release on a rolling basis. A number have been released. In response to an earlier JCHR report about mothers and babies, we began a fundamental review of the operational policy with regard to mother and baby units. A report summarising our key policy reforms will be published in due course.

[David Linden (Glasgow East) (SNP)]

As we heard earlier, the Scottish Government plan to legislate to secure economic, social, cultural and environmental rights in devolved areas. Will the Lord Chancellor commit to match that legislation with a Bill that would take those rights right across the UK?

[Robert Buckland]

I think it would perhaps be a little reckless of me to commit to more legislation. I already have a very full legislative agenda, but I am certainly happy to engage further with the hon. Gentleman on that specific issue. I want to make sure that our great four nations stay as one undivided Union wherever possible.

Oral Answers to Questions

David Linden Excerpts

Tuesday 12th March 2019 Commons Chamber

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

9. What recent assessment he has made of the implications for his departmental priorities of the UK leaving the EU.

[David Linden (Glasgow East) (SNP)]

24. What recent assessment he has made of the implications for his departmental priorities of the UK leaving the EU.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

My Department continues to ensure that the necessary preparations are in place to mitigate potential impacts associated with leaving the EU wherever possible. For all scenarios, these preparations remain on track. In a no-deal scenario, we do not expect any immediate impacts on our departmental priorities, although there are risks in terms of pressures on the courts. We will react to longer-term impacts that are harder to predict, such as financial impacts, should they arise.

[Mr Gauke]

In terms of the European arrest warrant, we have to accept that as a consequence of Brexit the current arrangements will no longer be available, but we will continue to work very closely with EU member states to ensure that we can address this matter as effectively as we can.

[David Linden]

Last week, I met the area commander in Glasgow East, and it was clear that the police are having to focus on Brexit preparations, yet that is not what people in my constituency actually want them to be focusing on—they want them to be focused on catching criminals in the street. If we do not have access to the European arrest warrant, it will not matter that all these contingency plans are in place. The only people who are going to benefit from that are those who seek to evade justice.

[Mr Gauke]

As I say, largely because of the constitutional issues with Germany, there are issues with the European arrest warrant; I absolutely accept that. We will take every measure that we can to ensure that authorities can co-operate. With regard to security issues, leaving the European Union with a deal is much better than leaving without a deal, and therefore the House should support the deal this evening.

Oral Answers to Questions

David Linden Excerpts

Tuesday 18th December 2018 Commons Chamber

[Rory Stewart]

I pay tribute to Care after Combat, which I have had the opportunity to meet, along with the Under-Secretary of State for Defence, my right hon. Friend the Member for Bournemouth East (Mr Ellwood), who has responsibility for veterans. There is a great deal of support, particularly that provided by military charities, and I would like to pay tribute to SSAFA—the Soldiers, Sailors, Airmen and Families Association—the Royal British Legion and, of course, Help for Heroes, which has done incredible work on the issue of offenders who are also veterans. It is important to understand, however, that the issues faced by veterans are often a subset of the issues faced by many of our offenders, particularly in relation to mental health, addiction, housing and employment. We need to think about them, whether they are veterans or civilians, in a single act.

[David Linden (Glasgow East) (SNP)]

3. What assessment he has made of the potential effect of the proposed EU withdrawal agreement on UK-EU co-operation on justice matters.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

The withdrawal agreement will ensure a smooth and orderly departure from the EU on 29 March. It includes an implementation period until the end of 2020, during which existing civil and commercial judicial co-operation will continue. We have also agreed that the cases started before the end of the implementation period will be concluded under existing EU rules, and subsequent judgments in those cases will be enforced.

[David Linden]

Police Scotland currently benefits from a strong relationship with other EU partners, such as Europol and Eurojust, which is vital for dealing with the cross-border crime that takes place. What assurances can the Minister give me that Police Scotland will continue to have such direct links after Brexit?

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

David Linden Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

[David Linden (Glasgow East) (SNP)]

I beg to move, That the Committee sit in private.

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I am afraid I cannot accept that motion because the hon. Gentleman is not a member of the Committee.

[David Linden]

On a point of order, Dame Rosie. I am grateful for your indulgence. Can you clarify that the reason why I cannot move that motion is that I represent a constituency in Scotland, and am rendered a second-class Member of the House by the legislative apartheid that is English votes for English laws?

[The Second Deputy Chairman]

The point is that the Legislative Grand Committee represents Members of Parliament from England and Wales. In no way does that imply that the hon. Gentleman is second-class.

I remind hon. Members that if there is a Division, only Members representing constituencies in England and Wales may vote.

Resolved,

That the Committee consents to Clause 2 of the Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords] as amended in the public bill committee.—(Lucy Frazer.)

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

[David Linden]

On a point of order, Madam Deputy Speaker. Before we return from the Legislative Grand Committee, my understanding is that, as a Member representing a Scottish constituency, while I may not be able to move a motion, I can contribute verbally. Is that correct?

[Madam Deputy Speaker]

I am afraid that the hon. Gentleman has rather missed his chance.

[David Linden]

I stood to catch your eye.

[Madam Deputy Speaker]

No, I am afraid you did not. I am very sorry.

Third Reading

Access Rights to Grandparents

David Linden Excerpts

Wednesday 2nd May 2018 Westminster Hall

[David Linden (Glasgow East) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I commend the hon. Member for Mid Worcestershire (Nigel Huddleston) for securing the debate. I am conscious that it focuses on the situation in England and Wales, which is why, as I indicated to you, Sir Christopher, I will keep my remarks short, to allow the hon. Gentleman time at the end to conclude.

I thank grandparents for the work that they do—in particular kinship carers, who are huge part of my constituency. The number of kinship carers who are grandparents is massive. Before taking part in the debate, I reflected on my own experience. My mum and dad split up before I was one year old. My dad was pretty much off the scene from that point. It was probably then that my mother was faced with the dilemma of whether to go and visit her ex-mother-in-law and take me with her. To my mum’s credit, she did that. That must have been quite a difficult thing to do; I respect it and I think we would all want that.

The Members from north of the border, the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) and the hon. Member for Aberdeen South (Ross Thomson), mentioned the situation in Scotland. It is only right to put that on the record. The hon. Gentlemen made the point that under the Children (Scotland) Act 1995, grandparents do not have an automatic right to see their grandchild, but can apply for a court order to get that access.

It is important to place it on the record that the Scottish Government are committed to reviewing the 1995 Act; the consultation on that begins this month. I hope that hon. Members will feed into that consultation and encourage their constituents to do so. My only word of caution is that it is paramount that the needs of the child are put first. For example, it is possible that contact with grandparents could allow a parent who has been deemed unfit to see their child to have contact with the child. That raises some child protection issues. I understand the need for us to get this right. I hope that the consultation will tease that out and we can get to a point that balances child safety and the most important thing: people having a relationship with their grandchildren.

I am grateful for the opportunity to sum up on behalf of the Scottish National party and I hope that any remaining time will be given to the hon. Member for Mid Worcestershire to make his closing remarks.