Oral Answers to Questions

Dominic Raab Excerpts

Tuesday 31st October 2017 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

1. What discussions he has had with the Home Secretary on continued participation in the European Arrest Warrant after the UK leaves the EU.

[The Minister of State, Ministry of Justice (Dominic Raab)]

Ministers in the MOJ and the Home Office have regular discussions on key aspects of criminal justice co-operation in relation to our EU partners, including on the European arrest warrant.

[Tom Brake]

I thank the Minister for that reply. The police have repeatedly underlined the importance of the European arrest warrant in fighting crime. If the price of maintaining our citizens’ security and the effective operation of other European crime-fighting mechanisms is the jurisdiction of the European Court of Justice, will the Minister put crime fighting first or let his arbitrary red line jeopardise our citizens’ security?

[Dominic Raab]

I am not sure that making sure the UK Supreme Court has the last word on the law of the land is some arbitrary red line. However, the Government’s position in relation to our future partnership with the EU was set out in the position paper that was published in September. It was very clear that we have an ambitious plan for co-operation on security, law enforcement and criminal justice. The right hon. Gentleman will see if he looks at it carefully—I am sure he has—that maintaining strong extradition relations will be an important part of that agenda.

[Robert Neill (Bromley and Chislehurst) (Con)]

Will the Minister take on board the clear recommendation from the Justice Committee’s report in the last Parliament that underpinning any practical means of criminal justice co-operation, including the European arrest warrant, should be a continuing relationship on maintaining data equivalency? Unless the data regulations are equivalent, it will not be possible for European agencies to share with us or vice versa.

[Dominic Raab]

I thank the Chair of the Select Committee. That is, of course, why we have taken through the Data Protection Bill. We have extradition relations—very vigorous ones—with countries all around the world, and we see no reason why we would not continue to do so with our EU friends and allies.

[Helen Jones (Warrington North) (Lab)]

Given that it took countries such as Iceland and Norway 13 years to negotiate extradition arrangements with the EU, does the Minister accept that not maintaining the European arrest warrant puts people in this country at risk of seeing criminals go free and that those criminals may well include terrorist suspects?

[Dominic Raab]

No, because we are not in the position of Iceland. We start from the position of the European arrest warrant, with strong, intensive co-operation on extradition, and we will make sure we continue that operationally for many years to come.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Minister agree that one reason people voted to leave the European Union was to make the Supreme Court the supreme court?

[Dominic Raab]

My hon. Friend is absolutely right. Let us also not forget the advice of the former Lord Chief Justice, Lord Thomas, who made it clear in his evidence to the independent review of extradition that there were problems with the European arrest warrant. We have legislated for extra safeguards. We are ending the jurisdiction of the European Court, but there has been no suggestion that we are dispensing altogether with vital EU extradition—except, perhaps, as a figment of some of the furtive Liberal Democrats’ imaginations.

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

Surely the Minister can make it clear that the Government’s priority must be continued participation in the European arrest warrant and that that must come ahead of his obsession with ending the jurisdiction of the European Court of Justice.

[Dominic Raab]

I welcome the hon. Gentleman’s intervention, but I gently suggest that he read the position paper on the future partnership, which was published in September, because it deals directly with the question he has just asked and makes it clear that we do want to continue vital extradition relations with our EU partners.

[David Linden (Glasgow East) (SNP)]

2. What steps his Department is taking to maintain human rights standards after the UK leaves the EU.

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[Alan Brown (Kilmarnock and Loudoun) (SNP)]

4. What assessment his Department has made of the effect of the UK leaving the EU on the legal system of each legal jurisdiction.

[The Minister of State, Ministry of Justice (Dominic Raab)]

We recognise the distinct legal systems across the UK. We engage with our counterparts in the devolved Administrations to prepare the ground for Brexit, in terms both of achieving a smooth transition on things such as civil and judicial co-operation and of seizing the global opportunities for the UK legal sector, which contributed around £25 billion to the UK economy last year.

[Alan Brown]

That being the case, what actual steps has the Department taken to ensure that Scottish legal services and the Scottish legal system are protected when the UK leaves the EU?

[Dominic Raab]

There is a two-part answer to that. First, in relation to the negotiations with our EU partners, we are very focused on making sure that the current co-operation continues as well and as optimally as possible. Secondly, in relation to the legal position, the EU withdrawal position will make sure that there is legal certainty for citizens across the UK.

[Brendan O'Hara (Argyll and Bute) (SNP)]

20. The Government’s “Legal Services are GREAT” campaign, which was launched in Singapore earlier this month, focuses solely on the global promotion of the English legal system; it contains no mention of Scotland or Northern Ireland. Will the Minister see that that is rectified prior to the campaign’s domestic launch later this year?

[Dominic Raab]

I can tell the hon. Gentleman that we are absolutely committed to promoting every one of Scotland’s finest exports, from whisky through to its brilliant lawyers.

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

The Government’s EU position papers on enforcement and dispute resolution and on security, law enforcement and justice have significant implications for the Scottish legal system and for areas of law devolved to the Scottish Parliament. Yet, in advance of the publication of those papers, there was absolutely no consultation with the Scottish Government or the Scottish Law Officers. What assurance can the Minister give me that such oversight will not happen again?

[Dominic Raab]

I do not know about the specific drafting in the papers, but there was considerable dialogue with all the devolved Administrations on the substance underpinning the position papers and the negotiating position that the UK has taken.

[Joanna Cherry]

Sir David Edward, a distinguished jurist and a former judge at the Court of Justice, recently gave evidence to the Scottish Parliament about these papers. He said, and I quote, that “the UK Government has overlooked the significance of the separate Scottish legal system, the Scottish judicial system and the Scottish prosecution system in relation to justice and home affairs issues such as Europol, the European Arrest Warrant, cross-border information systems and the conventions and regulations about recognition and enforcement of judgments.” Will the Minister undertake to meet me so that these oversights might be rectified?

[Dominic Raab]

I thank the hon. and learned Lady, but she has not actually pointed to one aspect, one paragraph or one point in the position paper that she thinks we have got wrong. We certainly accept, recognise and, indeed, embrace the huge contribution that the Scottish justice and legal systems make. In relation to the justice and home affairs strand of the negotiations, we will of course bear in mind very closely the different contours across the whole UK.

[Maria Caulfield (Lewes) (Con)]

5. What progress the Government have made on the implementation of the Farmer review published on 10 August 2017.

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[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

6. What recent progress his Department has made on its review of legal aid reforms.

[The Minister of State, Ministry of Justice (Dominic Raab)]

Yesterday, we laid a written ministerial statement before the House setting out the details of the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and publishing the post-legislative memorandum, which discharges the promise made by previous Ministers to this House. I expect the review to be completed by the summer of 2018.

[Mr Dhesi]

I thank the Minister for his response about progress on the review of legal aid reforms, but it is disappointing that, even though the Government first announced this review nine months ago, it still will not conclude for another nine months, which is nine more months of many thousands of people not being able to afford to access our justice system. His Government’s reforms of legal aid were intended to save £350 million. In fact, legal aid has fallen by double that. Will the Minister lobby his colleague the Chancellor, so that some of those additional savings go immediately to help those who have been priced out of access to our justice system?

[Dominic Raab]

I thought the hon. Gentleman might at least welcome the fact that we laid out the terms of the review yesterday. I am not sure whether he has had a chance to study the post-legislative memorandum. Let us be clear about one thing: last year, we spent £1.6 billion on legal aid in England and Wales, which is a quarter of the Ministry of Justice’s budget. International comparisons are not exact, but according to the Council of Europe’s review last year, the UK spent more per capita than any other Council of Europe member.

[Tim Farron (Westmorland and Lonsdale) (LD)]

In looking at the effect of the reduction in legal aid on access to justice, will the Minister also comment on the impact on access to justice of the closure of magistrates courts. The closure of Kendal court this summer has removed easy access to justice for hundreds of people, increasing pressure on the police, legal professionals and local families. What will he do to restore such physical access to justice?

[Dominic Raab]

I understand the hon. Gentleman’s concern if the court estate is situated in his constituency, but we have a £1 billion court reform programme, which is investing in updating, modernising and introducing technology. As a result, we will actually deliver more sensitive justice for victims and witnesses, but also a better bang for the taxpayer’s buck.

[Jessica Morden (Newport East) (Lab)]

18. Wales has seen one of the largest drops in legal aid providers, at 29%, particularly with regard to housing. Will the Government’s belated review of their deep cuts in legal aid look specifically at the impact of this?

[Dominic Raab]

The terms of reference have been set out very clearly. The post-legislative memorandum is wide in scope, and the hon. Lady should feel free to submit any particular points that she wants us to consider. I am obviously not going to pre-empt or prejudice the scope of the review that we have just undertaken.

[Andrew Bridgen (North West Leicestershire) (Con)]

Has my hon. Friend seen any evidence that reductions in legal aid have reduced the cost of litigation in this country? If not, will he look into why the market is not working properly?

[Dominic Raab]

A good many of those issues will be examined by the review. If my hon. Friend would like to write to me with any concerns he has, I would be very happy to look at them.

[Gloria De Piero (Ashfield) (Lab)]

Twenty months ago, the Court of Appeal ruled that the Government’s restrictions on legal aid for victims of domestic violence were unlawful. Nine months ago, Ministers told the House that they would make changes by secondary legislation that would

“make it easier for victims of domestic violence to access legal aid.”—[Official Report, 25 April 2017; Vol. 624, c. 983.]

Nothing has happened. Victims cannot wait another nine months, so when will the secondary legislation be brought forward?

[Dominic Raab]

The hon. Lady is right that it is vital to ensure that legal aid is available to victims in circumstances of domestic violence. Of course, it was granted in more than 12,000 cases last year. We have reviewed the evidence requirements again and are committed to making it easier for victims to access legal aid. I will announce the details shortly.

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[Wendy Morton (Aldridge-Brownhills) (Con)]

17. What steps the Government are taking to improve the court experience for victims and witnesses.

[The Minister of State, Ministry of Justice (Dominic Raab)]

We are investing over £1 billion to bring our courts into the 21st century, to make them more sensitive to victims and witnesses and to deliver swifter and more effective justice.

[Wendy Morton]

I am grateful to the Minister for that response. What can be done to ensure that the courtroom environment and the wider environment of the court building itself help to put victims and witnesses at ease, and support them through the process of giving evidence?

[Dominic Raab]

My hon. Friend is absolutely right that we need to reduce the stress and trauma experienced by victims and witnesses. We are doing a range of things. First, we are establishing model waiting rooms for victims and witnesses so that they will feel less stressed and more comfortable, meaning that they are more likely to give compelling evidence. Secondly, in the courtroom itself, we are rolling out section 28 measures for pre-recorded cross-examination to Crown courts nationally. This autumn, we will extend that to victims of sexual offences or modern slavery offences in Leeds, Liverpool and Kingston upon Thames.

[David Hanson (Delyn) (Lab)]

19. What recent changes his Department has made to community rehabilitation company contracts.

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[Yasmin Qureshi (Bolton South East) (Lab)]

The family courts are full of people representing themselves. The new President of the Supreme Court, Lady Justice Hale, has described the Government’s legal aid reforms as a “false economy”. Does not the Minister agree that restoring early legal aid would not only reduce the number of cases coming to court, but save court time? Will he guarantee that the legal aid review will include an analysis of the cost to the rest of the legal aid system that has resulted from the Government’s abolition of early legal aid?

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is certainly right that we need to try to reduce the number of cases getting into the family courts in the first place, especially given that witnesses and others involved are often more traumatised by the process of going to court. The terms of reference for the legal aid review have been clearly set out, and there is wide scope for the issues that the hon. Lady mentions to be taken into account, but I will not pre-empt or prejudice what the review will look at right now.

[Robert Jenrick (Newark) (Con)]

The exceptionally high cost to businesses of commercial litigation is good for commercial lawyers—perhaps I should declare an interest—but it is not good for businesses, whether they are large or small. One answer that has recently been developed is the use of commercial litigation financing. Will my right hon. Friend the Lord Chancellor look into ethical and other concerns surrounding that, as outlined by Lord Faulks in the other place recently?

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[Dominic Raab]

I have looked into this important and sensitive area, and I have also spoken to my right hon. Friend the Member for Basingstoke (Mrs Miller), the Chair of the Women and Equalities Committee. I urge the hon. Member for East Dunbartonshire (Jo Swinson) to send me any evidence that putting the limit back to six months would actually make a difference, because some of the considerations that apply in relation to three months would also apply to six months.

[Several hon. Members rose—]

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[Suella Fernandes (Fareham) (Con)]

Following my ten-minute rule Bill in March calling for the reform of family law, including a robust enforcement of child arrangements orders, opening up the family courts in care proceedings and updating our anachronistic divorce laws, what progress have the Government made on their family law review, which was announced in the summer?

[Dominic Raab]

I thank my hon. Friend for her proposals and the thought that she has put into them. The time taken to conclude public family law cases has nearly halved since 2011. We are still working through very real issues with the relevant Departments, including the Department for Education. On private law, we are committed to facilitating the settlement of far more family disputes so that we avoid families, vulnerable witnesses and sometimes victims having to go through the trauma of court proceedings.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

T10. Following a meeting with the Courts Minister, I received a letter from him last week that described Sunderland’s court building as below what would be expected, but that is putting it mildly. The court is more than 100 years old. It is damp, has very poor accessibility, and is wholly inadequate for victims and staff alike. Will he visit Sunderland and explain to the people of Sunderland, including my hon. Friend the Member for Sunderland Central (Julie Elliott), why they do not deserve better from his Department?

[Dominic Raab]

The hon. Lady raises her point tenaciously. I welcome the opportunity to sit down with her and the hon. Member for Sunderland Central (Julie Elliott) to look at the issue. We will ensure that the refurbishment is carried out as soon as reasonably practical. In the long term, we want to ensure that in her constituency and across the country we have the right courts in the right places, and with the right technology and refurbishment, to ensure that they deliver the best access to justice.

[Robert Neill (Bromley and Chislehurst) (Con)]

The reputation of our legal system partly depends on our respect for our international obligations. In advance of the Committee of Ministers, will my right hon. Friend the Secretary of State bear in mind that respecting the judgments of the European Court of Justice is a better guide for this country’s reputation than the amateur jurisprudence of the Dog and Duck?

[Ellie Reeves (Lewisham West and Penge) (Lab)]

The recently published Bach commission report highlighted a number of serious issues relating to access to justice, including representation at inquests. In the light of tragic events such as Grenfell Tower and Hillsborough, will the Minister commit to providing legal aid for inquests in all cases when the state is funding one or more of the other parties?

[Dominic Raab]

I thank the hon. Lady for her question on this pertinent and salient point. Legal aid remains available for inquests through the exceptional case funding scheme. Although those decisions are obviously decided independently, I reassure her that more than half the applications in relation to inquest cases in 2016-17 were granted.

[Andrew Selous (South West Bedfordshire) (Con)]

Full-body scanners that detect drugs that are concealed within the person are successfully used across America. The Ministry of Justice has trialled one scanner. Has there been an evaluation, will we see more trials, and could the scanners be used on a mobile basis?