Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 25th April 2017 Commons Chamber

[Sir Oliver Heald]

As the hon. Lady will know, I cannot make any announcements today because of purdah, but what I can say is that, as I explained in giving evidence to two Select Committees, it is not our intention to have any gaps in our human rights protections.

[Sir Desmond Swayne (New Forest West) (Con)]

Why is it reasonable to expect our justices to be any less creative than European ones?

[Sir Oliver Heald]

We do want a British jurisprudence, and that is what we will have following Brexit. Human rights were not invented with the Human Rights Act; this country has been a leading pioneer in human rights since its first gasps of breath as a nation, so there is no reason for us to think that we will not continue to express our values.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 7th March 2017 Commons Chamber

[Mr Speaker]

Order. The question is about Inverclyde, from which New Forest West, North Swindon and Wrexham are a considerable distance away.

[Sir Desmond Swayne (New Forest West) (Con)]

rose—

[Mr Speaker]

Well, all right—if the right hon. Gentleman can focus exclusively on Inverclyde.

[Sir Desmond Swayne (New Forest West) (Con)]

Indeed, Mr Speaker. The successful proportion would not matter nearly so much if the Minister could arrange for those appeals to happen a hell of a lot quicker, and if he can fix it in Inverclyde—well, I need not spell it out, Mr Speaker.

[Sir Oliver Heald]

My right hon. Friend makes the important point that justice delayed is justice denied, and it is important that cases are brought on quickly. We monitor them very carefully and provide extra days to tribunals as required, so he can be assured that we are not complacent about this.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 1st November 2016 Commons Chamber

[Elizabeth Truss]

I thank the hon. Gentleman for his question. We have put in extra measures—particularly the law on coercive behaviour, which has been very important. What I am determined to do is make sure our courts system treats vulnerable witnesses and victims as well as possible to encourage more people to come forward.

[Sir Desmond Swayne (New Forest West) (Con)]

T3. Can smuggling into prisons by drones be stopped?

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

A very pithy question. The new threat from drones is a game-changer, not just for prisons but for other parts of the Government. That is why I am working with Ministers across the Government to engage with drone manufacturers to find a solution to this problem. I am keeping a close eye on what is happening internationally, particularly in Holland, where eagles are used to stop drones. I am sure that we will find a solution in the UK that will take off.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

I, too, welcome the hon. Gentleman to the Dispatch Box. It is great to have somebody who is also from Leeds facing me, although I learned the error of my ways after growing up in a left-wing household in that great city.

[Sir Desmond Swayne (New Forest West) (Con)]

Shocking!

[Elizabeth Truss]

All I can say is that I believe that everyone is capable of reform, even those on the Opposition Benches. I have not yet given up hope on the shadow Secretary of State for Justice.

The whole purpose of the Bill of Rights is to enhance human rights in this country. We have led the world in human rights since Magna Carta and the Bill of Rights that was published in Wales in 1689, and we will continue to do so.

Legal Aid, Sentencing and Punishment of Offenders Bill

Desmond Swayne Excerpts

Monday 31st October 2011 Commons Chamber

[Mr Djanogly]

My response to that applies more broadly than to just cerebral palsy. We believe that the NHS Litigation Authority should more frequently take the initiative in the preparation of reports. Where possible, there should be joint reports, not least to help cases along more swiftly.

Our approach means that public funding will not be available for each and every claim involving a public authority, but it will be available for the most serious cases and to address serious abuses. Most claims for damages will be removed from the scope of legal aid because we have sought to focus our limited resources on cases where the client’s life, liberty, physical safety or home is at risk. Therefore, we do not consider that most claims seeking financial compensation from public authorities merit public funding. However, the Bill ensures that legal aid is available for the most serious damages claims that concern an abuse of position or power, or a significant breach of human rights by a public authority.

[Mr Desmond Swayne (New Forest West) (Con)]

That is the third time that my hon. Friend has referred to human rights. It is as if he was deliberately rubbing salt into the wounds. Members would prefer it, certainly those on the Conservative Benches, if money was available for medical negligence cases, rather than for human rights cases.

[Mr Djanogly]

I am referring to human rights mainly in relation to exceptional cases where the money would indeed go towards satisfying someone’s medical negligence claim.

Other claims will be excluded from scope and alternative sources of funding, such as conditional fee arrangements, may be available for meritorious claims. I confirm for my right hon. Friend the Member for Carshalton and Wallington (Tom Brake) that we always have an open mind on these issues. I am happy to engage with him as the Bill progresses.