Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Wednesday 29th March 2023 Commons Chamber

[The Deputy Prime Minister]

Tackling fraud has become more complex because of the online incidence, but the hon. Gentleman will have noted the massive increase in funding for tackling it in the recent Budget, and we are confident that will give us the resources we need to deal with this often invisible but very damaging crime.

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

Q10. As the Deputy Prime Minister will know, stroke is the greatest cause of adult disability in the country and costs our economy some £26 billion a year, let alone destroying lives. Last year I met Dr John Stephens, who was unable even to sit up unaided after a stroke but who, following an emergency thrombectomy, is now back at work as an NHS GP. Sadly, however, only 30% of eligible patients actually have this surgery. Does the Deputy Prime Minister agree that we need greatly to increase the roll-out of thrombectomies, and will he join me, in the run-up to World Thrombectomy Day next month, in visiting a thrombectomy centre to see at first hand the difference that the procedure can make to lives, returning people to meaningful and productive work and enjoyment?

[The Deputy Prime Minister]

My hon. Friend has been a dedicated champion for stroke survivors. I know from my own constituency how debilitating strokes can be, and also the impact that they can have on the wider family. NHS England is committed to increasing the delivery of mechanical thrombectomies through, for instance, the expansion of local services and local capital investment. I am sure that we can arrange for a Health Minister to join my hon. Friend on the visit he has requested.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 28th March 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The initiatives that the Government have introduced are very welcome. One of those is the pre-recorded cross-examination under section 28, but, to make that work, there has to be a proper level of remuneration for advocates on both sides to ensure that we have skilled and experienced barristers prosecuting and defending those cases. What arrangements have now been made to finalise the conditions and terms of payment for section 28 proceedings with both defence and prosecution barristers? Until we get that right, we will not get the cases through at the speed we wish.

[Dominic Raab]

I thank the Chair of the Select Committee for his question. We have already introduced the statutory instrument to increase that uplift for those lawyers conducting the section 28 pre-recorded evidence. It has now been rolled out nationwide and it will start to make a difference.

--- Later in debate ---

[Dominic Raab]

We showed only last week, when we brought together more than 40 countries to give effect to the International Criminal Court mandate to investigate and prosecute war crimes in Ukraine, how we are leading the charge and upholding the international rule of law. That is not helped, however, by abuses of the system, particularly, as suggested by her colleague the hon. Member for Kilmarnock and Loudoun (Alan Brown), foreign national offenders using elastic interpretations of human rights to frustrate a deportation order. That is the ill that we will cure in addition to strengthening quintessential UK rights, such as freedom of speech.

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

Last year, the Government rightly accepted the Bellamy review’s recommendations on criminal legal aid, one of which was the establishment of an independent advisory board. When will the Government publish the board’s membership and detailed terms of reference?

[Dominic Raab]

I thank the Chair of the Justice Committee. They will be published very shortly.

Independent Public Advocate

Debate between Dominic Raab and Robert Neill

Wednesday 1st March 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee.

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

I pay tribute to the right hon. Member for Garston and Halewood (Maria Eagle), a fellow member of the Justice Committee, for the work she has done, and to the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May).

The former Prime Minister’s point about the risk of cover-ups by those in authority is an important one. That is why, while I very much welcome what the Secretary of State has said—it is an important step—I hope that when engaging on how best to refine and advance these proposals, he looks again at the Justice Committee’s recommendation that there should be an extension of legal aid availability. Although the situation has already improved, we should be extending non-means-tested legal aid to all cases where there are mass fatalities, or where public bodies are potentially at fault. It is not fair—there is no equality of arms—when those public bodies are represented by teams of lawyers, but the bereaved families have to rely on sometimes getting legal aid and sometimes not, or on pro bono representation. Equality of arms would surely mean representation as a matter of right in those cases.

[Dominic Raab]

I thank my hon. Friend, the Chair of the Select Committee. I think that this policy will create stronger advocacy on behalf of the bereaved, the victims and the families, and having panels with the right expertise, range and status will go a long way towards getting the answers.

Again, I understand the point about compulsion of evidence. There is not a theological objection to it, certainly as far as I am concerned: it is a question of reconciling competing powers when an inquiry is set up. I will, of course, look at the Justice Committee’s report and recommendations on that issue. In general, of course, inquiries are not supposed to be adversarial, which is why the rules in relation to legal aid are as they are, but we will look at this and work with colleagues in all parts of the House as we introduce these important clauses.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 21st February 2023 Commons Chamber

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

The Secretary of State will know the importance of good, reliable data in driving justice policy and will recognise the work done by the Legal Education Foundation and its director Dr Natalie Byrom in this regard. Will he welcome its establishment of Justice Lab, a new dedicated research centre in this field, which is being launched in Dining Room A in this House tomorrow?

[Dominic Raab]

As always, the Chair of the Justice Committee draws our attention to critical developments in the criminal justice system. Data and that initiative are incredibly important. The Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar) will attend the event in the House of Commons, so he will laud that even further and at more length.

Legal Aid

Debate between Dominic Raab and Robert Neill

Tuesday 15th March 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee, Sir Robert Neill.

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

This is a very welcome announcement and I congratulate the Secretary of State on taking on board Sir Christopher Bellamy’s recommendations. I join him in thanking Sir Christopher for his report and all those in the legal profession who have kept the system going under real difficulty. In appreciating the real difficulty that the profession has been undergoing in these times, does he agree that it is important, in order to get this right, to have the earliest possible increase and to take on board the words of the chair of the Bar Council, who says:

“We will work with the Ministry of Justice to make sure the funds are delivered swiftly, effectively, and fairly.”?

Can we meet the Bar Council and the profession in that spirit of co-operation and get this implemented at the earliest lawful opportunity?

[Dominic Raab]

My hon. Friend the Chair of the Select Committee is absolutely right and I welcome the constructive responses from the Bar Council and the Law Society. He is right that we must do it as swiftly as possible, but he makes an important point that we must do it lawfully. We are following the normal public law principles in having a 12-week consultation. As I have indicated, we intend to bring the proposals into force through an SI by October. I hope that that strikes the right balance. As he and, in fairness, the hon. Member for Manchester, Gorton (Afzal Khan) said, we extend our gratitude to all the lawyers—solicitors and barristers—judges and court staff who have done an incredible job through a very difficult couple of years.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 8th February 2022 Commons Chamber

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

I am grateful that my right hon. Friend made reference to the independent review of the Human Rights Act. I am sure he would want to join me in thanking the right hon. Sir Peter Gross, the chair of that review, and his colleagues for their exceptionally hard and diligent work in this regard. Sir Peter gave evidence to the Justice Committee last week. He pointed out that while the Government have published their own consultation document—“Human Rights Act Reform: A Modern Bill of Rights”—that document is not in fact a response to the independent Human Rights Act review report. Can my right hon. Friend confirm that it would only be fair and courteous to Sir Peter and his colleagues to ensure that once the consultation on the Government’s document is concluded, their response to that consultation includes a full response to Sir Peter’s panel’s review, including detailed replies to all the points the Government do or do not accept, exactly as was done with the Faulks review?

[Dominic Raab]

I thank my hon. Friend, the Chair of the Select Committee. First, I have already thanked the chair and all the panel, but I am happy to join my hon. Friend in doing so again. The IHRAR panel produced a well-considered and useful report, and I considered it very carefully. The consultation that we are pursuing is ongoing, and includes—this is an important point—areas beyond the terms of reference of the IHRAR report, such as adding a recognition of the right to trial by jury and strengthening freedom of expression, which Members have already raised. There are also areas where the Government wish to explore only a subset of the options considered by that review, and section 3 is a good illustration of that.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

The hon. Gentleman is absolutely right on this. A proportion of people are, in effect, mentally unwell and then trip up into prison, and we know that veterans are among them. That is why I have been liaising with the Health Secretary to look at mental health care and provision, in the community and for those who go into prison, to make sure that we can tailor what happens to them during their sentence to try to give them a better chance to get the support to go straight.

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

The Lord Chancellor is absolutely right to say that the protection of the public and rehabilitation are not mutually exclusive. Does he agree that one key factor here, as outlined in the White Paper, is early assessment of prisoners when they come into prison to make sure that we pick up issues of mental health, lack of literacy and drug addiction and that we have a proper plan throughout their time in incarceration for release into the community in a much better place than they were before? Is that not the key issue that we need to be looking at?

[Dominic Raab]

My hon. Friend the Chair of the Justice Committee is absolutely right; it is important that on early admission into prison we evaluate all the different factors—the level of numeracy and literacy, the level of addiction, whether the offender has a qualification and the mental health issues—to make sure that the offender’s time in prison takes them forward in each of those regards and that we then, with the prisoner passports, link up the support they will get on release. That is the way we will drive down reoffending, give offenders a second chance, if they want to take it, to turn their lives around, and ultimately protect the public.

Human Rights Legislation

Debate between Dominic Raab and Robert Neill

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

I thank the hon. Gentleman for his response. I read his remarks, which were quoted in the early hours of this morning, before we had published our consultation and hence before he had read the proposals in it. He accused me of merely tinkering with human rights and, in the next sentence, of ripping human rights to shreds. That is an impressive feat of flip-floppng in a single press statement, but I think it highlights the fact that the Labour party, or at least its current Front Bench, has absolutely nothing to say about this issue.

The hon. Gentleman talked about rape. We have published scorecards and in the new year we will publish local scorecards, which will highlight various points where the challenge is so we can tackle it. We have published a consultation on a victims’ law. We are rolling out section 28 of the Youth Justice and Criminal Evidence Act 1999 to allow pre-recorded evidence from rape victims, and Operation Soteria is being piloted to bring about a better approach on the part of police and prosecutors. In fact, we are doing all the things that the hon. Gentleman mentioned. If he wants to be tough on criminals, as he claims, he should have supported our Police, Crime, Sentencing and Courts Bill. If he wants to come down hard on drug dealers and serious offenders whom we should remove from this country, he should back our proposals to allow them to be deported.

The hon. Gentleman asked about security, and seemed to warp even the ludicrous reports about it that have appeared in the papers. Let me be absolutely clear: the reforms that we propose would strengthen our ability to deport foreign national offenders, and the reason we have faced a challenge is Labour’s Human Rights Act. If he looks at the data—if he is remotely interested in the facts—he will see that. We are not talking about deporting someone back into the arms of a torturing tyrant. I would not support that, and my party and this Government would not support it. We are not talking about article 3, but we are talking about article 8 and the right to family life, which makes up 70% of all successful human rights challenges. Let me quote to him what the architect of the Human Rights Act, Jack Straw, said:

“There is a sense that”

the Human Rights Act has become

“a villains charter”.

I have not used language like that. There is a sense and a genuine concern that terrorists are not being deported and that criminals are benefiting—that was from Labour’s own architect of the Human Rights Act.

The hon. Gentleman went on to criticise the approach we take to the Strasbourg Court. Let me read to him from one of the premium textbooks on the subject. The author said that the Strasbourg Court is primarily concerned with supervision and its role is subsidiary to that of the domestic authority. That author stated that it

“has no role unless the domestic system for protecting human rights breaks down”.

I agree with that, but it is not what we have in the Human Rights Act. That quote actually comes from the leader of the Labour party, in his seminal textbook on the subject back in 1999. I have to say to the hon. Gentleman that Captain Hindsight rarely makes predictions for the future, but on this occasion he did and he was proved right, and that is exactly what our proposals for reform will deliver.

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

The Lord Chancellor has made an important and considered statement and I am particularly grateful that he paid tribute to Sir Peter Gross and the work of his committee. Their report, such that I have been able to read it, because it is a detailed one, is very thoughtful and stands head and shoulders above the rather trite comments we get in politics and in the media. I commend the report to anyone who is seriously interested in the topic.

Does the Lord Chancellor agree that it is important that he has confirmed, as Sir Peter’s report confirms, the reality that the Strasbourg jurisdiction has never been binding on UK courts in the way that the European Court of Justice’s decisions once were, that the margin of appreciation is well established in the jurisprudence and that, therefore, as we make sensible reforms, which is always proper and appropriate, this is precisely the sort of area ripe for pre-legislative scrutiny through a Bill? Does he agree that, when we make changes, we should take on board, in particular, that we should not inadvertently permit legislation to go directly to Strasbourg, which would undermine the protections that our own domestic procedures have in relation to issues of security and other sensitivity? Surely that is capable of being dealt with in our reforms.

[Dominic Raab]

My hon. Friend is absolutely right. He refers to the Independent Human Rights Act Review report by Sir Peter Gross, and I again thank Sir Peter and his panel for the extensive work they have done. They have not only shown us the challenges that the Human Rights Act has presented, but given us a range of options and influenced the approach that we have taken—they have certainly informed it. My hon. Friend is also right to highlight the confusion there has been with the case law of the Strasbourg Court, which does not operate, as many civil law courts do not, by adopting precedent; and the way in which, in the UK courts, particularly as a result of section 2, it has virtually been turned into a system of precedent. That is clearly an area where we can reform, and I think we can do it in a sensible way that respects the primacy of the UK courts and gives greater legal certainty for everyone involved.

Judicial Review and Courts Bill

Debate between Dominic Raab and Robert Neill

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Dominic Raab]

My hon. Friend makes a powerful argument. I have not heard the Factortame case cited in this House for some time—to the relief of some.

Of course, there are many other contexts beyond counter-terrorism—from infrastructure projects to health and safety regulation—where the use of a suspended or prospective quashing order would lead to a better outcome, allowing both essential judicial accountability and good governance at the same time; those two aspects can and should go hand in hand. Dare I say it, these reforms may have the welcome effect of making our system just a little less adversarial by giving the Government and this House the opportunity to respond swiftly but in a considered manner, rather than effectively being tripped up—sometimes at great cost to the taxpayer and at other times at potential risk to the public.

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

Perhaps the Secretary of State and Lord Chancellor could help me on two matters. When these matters of suspended quashing orders are being worked out, will he ensure that no litigant who has succeeded and has suffered tangible loss is left without an effective remedy? That will be important, outwith any other considerations that might very properly be taken into account. I also gently say to him that he has clearly been absent from justice debates for a little while—and we welcome him back—or he would surely have known that my hon. Friend the Member for Stone (Sir William Cash) never misses an opportunity to raise Factortame when we talk about topics of this kind; he has managed to do so in this debate as well.

[Dominic Raab]

I can give my hon. Friend, who chairs the Justice Committee, the reassurance that he is looking for. If he looks at clause 1(8)(c) and (d), he will see that

“the interests or expectations of persons who would benefit from the quashing of the impugned act”

and those

“who have relied on the impugned act”

are material considerations for the court to consider.

Global Human Rights Sanctions Regime

Debate between Dominic Raab and Robert Neill

Monday 6th July 2020 Commons Chamber

[Dominic Raab]

I thank the hon. Gentleman for his remarks. We certainly want to make sure that we can work with allies. We are already talking to our Five Eyes partners and I hope to have another a call with them shortly. We will certainly look at the suggestions that the hon. Gentleman has made. We need our approach to be evidence based. Sometimes, in the most authoritarian countries, evidence is difficult to come by, almost by definition, but I hope he will see from the designations that we make today that when we have the evidence and the crimes are clear, we are willing to act.

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

I warmly welcome the Foreign Secretary’s statement and the commitment that he shows to the rule of law being just as important in international affairs as it is in domestic matters. I also welcome his reference to continued co-operation and alignment with our European partners, which is particularly important when it comes to enforcement. Will he therefore ensure that as we come to the end of the transition period, we make it a priority to maintain the same levels of access to policing and judicial co-operation as we have currently and, indeed, seek to expand that to other non-EU members, so that we do not have any gap in the ability to enforce these important and welcome sanctions?

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Thursday 25th October 2018 Commons Chamber

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

Witnesses to the Select Committee on Justice on Tuesday stressed the importance of ongoing contractual continuity and certainty of enforcement. That is especially important to the financial services sector, where many of my constituents work. Will the Minister meet me to discuss progress on a number of the important technical aspects around this issue?

[Dominic Raab]

My hon. Friend is absolutely right. He will remember that I answered questions on this topic before his Committee when I was a Justice Minister. These are key aspects of the future relationship, and aspects that we continue to negotiate. We will continue to engage with him and his Committee to ensure that we get the right approach.

Brexit Negotiations and No Deal Contingency Planning

Debate between Dominic Raab and Robert Neill

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

We are absolutely clear that we want to ensure that we get a good deal for all quarters of the UK. I have been clear, and was again today, that a no deal scenario certainly has risks, which is why it is not our preferred outcome. Our overriding priority is a good deal for the UK and the EU, but we need to be prepared for all eventualities and to be able to manage the short-term disruption. Irrespective of the outcome of the negotiations, I am confident that Britain can go from strength to strength.

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

Eighty per cent. of the UK’s economy is services. Chequers of course does not deal with services, but it would at least buy time for a proper negotiation to achieve the Government’s plans, especially for financial services given the automatic loss of passporting rights if we leave without any interim arrangements. Has the Secretary of State quantified what the costs will be to the British financial services sector of leaving in a no deal scenario with the automatic loss of the passporting rights that allow British firms into the EU’s financial services market?

[Dominic Raab]

I understand my hon. Friend’s concerns. He will have seen the White Paper proposals on financial services, which pursue a building-up of the EU’s existing equivalence arrangements. We are confident that that will provide a good set of arrangements not just for the UK and our bankers and financial services providers but, critically, for the continental European economy, which is so dependent on it.

Future Relationship Between the UK and the EU

Debate between Dominic Raab and Robert Neill

Wednesday 18th July 2018 Commons Chamber

[Dominic Raab]

I shall indeed, but I appreciate the support.

This is the ambitious and balanced approach reflected in the White Paper. As well as sensibly managing the risks of disruption to trade with our EU friends, it frees the UK to trade with greater vim and vigour with the rest of the world, and particularly to capture the growth markets and opportunities of the future. It will allow us to seize the opportunities for more liberal and energetic free trade arrangements with the export markets of the future from Mexico to Japan, which is important for creating the jobs of the future, and for cutting the costs of goods in this country to ease the cost of living for lower and middle-income families.

As we leave the EU, free movement will end. Our immigration policy will be set not in Brussels but by hon. Members elected by the people of this country in this House. We will design a new immigration system that works in the national interest: a system that enables us to control the numbers of people coming to live in this country and that places stronger security checks at the border. We will end free movement, but that does not mean pulling up a drawbridge or turning away the talent we need, and indeed want, for the UK to be an outward-looking nation attractive to investment and open to business.

In line with the arrangements we will negotiate with our close trading partners around the world, the White Paper makes it clear that we want to support businesses being able to transfer to their UK offices those from the EU with the bespoke expertise or experience required to deliver services here. We also want people to be able to travel without a visa between the UK and the EU for temporary business activity. We want families and youngsters to travel for holidays and tourism, and students to study at university across the continent. We can agree these common-sense reciprocal arrangements while regaining control of our immigration policy. That is the balanced approach that will best serve the UK.

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

I welcome my right hon. Friend to his post. Will he bear it in mind that there must be linkage between the very welcome liberal approach to visa regimes that he mentions and, in relation to professional services, mutual recognition of qualifications so that lawyers and other professional advisers can operate on the current fly-in, fly-out policy that is critical to the City of London and other financial sectors?

[Dominic Raab]

My hon. Friend makes the right point, and he will see extensive text in the White Paper covering precisely that point.

Our vision for a security partnership covers those vital areas and interests that we share in common. Our proposals will maintain operational capabilities that are necessary to protect our citizens, and enable rapid and secure data exchange, practical cross-border operational co-operation, and continued participation in key agencies including Eurojust and Europol, which already have partnerships with many non-EU countries. We will also pursue arrangements for co-ordination in other areas where we have mutual interests: foreign policy, defence, development issues, joint capability development and wider co-operation.

On the return of democratic control over powers and authority to the UK, the White Paper proposals end the jurisdiction of the European Court in the UK. Laws will be decided by elected Members in this House, and UK courts will no longer refer cases to the Luxembourg Court. In a limited number of areas we will choose to adopt common rules to ensure the free flow of goods, but that body of law is relatively stable and where there are any changes Parliament—this House—must approve them. When the UK and the EU need a clear and consistent interpretation of such rules, as between the UK and the EU, we can choose to make a reference to Luxembourg Court for such an interpretation, but the UK will have to agree to that first, and reference for legal interpretation is very different from giving the European Court the authority to apply the law to the facts or to decide which party to any litigation is successful in its claims. When the UK Supreme Court is no longer subordinate to the European Court, it will finally do what it says on the tin.

This is a principled and practical approach. We have shown flexibility as we strive for a good deal for both the United Kingdom and the European Union and as we demonstrate our ambition for a close partnership through the White Paper.

European Union (Withdrawal) Bill

Debate between Dominic Raab and Robert Neill

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Dominic Raab]

I am going to make some progress.

Amendment 116 would require a referendum on accepting the deal or remaining in the EU before the clause 9 power could be used. I do not think that is feasible, and it is not desirable. The Government are clear that the British people have voted to leave the EU. We will deliver on their direction. We will deliver on their mandate. Frankly, this is a pretty thinly veiled attempt to block Brexit and defy the result of the referendum, in contrast to some of the other, legitimate, concerns raised across the House. If hon. Members wanted to hold a second referendum on the terms agreed with the EU, the proper time and place to argue for such a requirement was when the EU Referendum Act 2015 was passed. I therefore urge that the amendment not be pressed.

New clause 4 would require separate legislation to set the exit day, and new clause 66 states that the exit day cannot be set before Parliament has given its approval for the terms of the withdrawal agreement. The Government accept the case for legislative prescription of the exit day for the sake of finality and legal certainty, so I hope that the new clause has been rendered unnecessary.

New clause 19 and amendment 55 mandate that the power in clause 9 cannot be used until the publication of the withdrawal agreement, and that it should not be available until all other exit Bills have passed. It is clear that regulations cannot be made under clause 9 until an agreement exists and its contents are known. It is not necessary, then, to require on top of that that the agreement be published and placed in the House of Commons and House of Lords Libraries before the power can be relied on. It is of course standard practice to lay international treaties before Parliament under the Constitutional Reform and Governance Act 2010. Equally, it is not right to tie the use of this power to the publication of other primary legislation passed in this Session. I therefore urge the hon. Member for Nottingham East (Mr Leslie) not to press the amendment.

Amendment 361 was tabled by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), who is the Chair of the Justice Committee.

The amendment would create a separate power to legislate for the implementation period. I hope that the Government’s announcement of a separate Bill—primary legislation—covering the withdrawal agreement and the implementation period addresses his concern.

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

I am grateful for that. It was intended as a probing amendment, particularly to ensure that these issues were ventilated. Given the assurances in previous days of the debate, I obviously will not push it. While I am on my feet, however, may I ask the Minister to reflect again on the point made by my hon. Friend the Member for Stafford (Jeremy Lefroy)? I really think that the Government would find a means of resolving these matters if they were to bring forward their own amendment in the form suggested.

[Dominic Raab]

I thank my hon. Friend for his comments. I hope he understands how, in good faith, I am seeking to engage with hon. Members on all sides of the House. It was my suggestion that the assurance would be made to him. We will reflect further as we lead into Report—

[Robert Neill]

May I correct an error of mine?

[Dominic Raab]

I give way.

[Robert Neill]

I mentioned the wrong constituency name. I am sure that my hon. Friend the Member for Stafford would not at all want to be involved in that matter. The Minister knew who I meant. It was my hon. Friend the Member for Stone (Sir William Cash) who made the point, and I hope that the Minister will consider it.

[Dominic Raab]

My hon. Friend’s point is well made.

I turn now to equalities legislation. Last week, the Government tabled amendment 391 to schedule 7. My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) said that the Government had not come back with any amendments in response to requests. This is a clear example of where we have listened and returned. The amendment will require Ministers to state in writing, when using the powers in clauses 7 to 9, whether they amend equalities legislation and that they have

“so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.”

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 5th December 2017 Commons Chamber

[Dominic Raab]

I understand the point that the hon. Lady is trying to make, and she has done so in a constructive way, but I am not sure that the evidence is there to back up her assertion. We provide a wide range of legal help, for example in civil and family cases. Last year we spent £100 million on legal help, including practical support and telephone helplines that provided advice on 20,000 occasions last year. There are also online tools to make it clear to people when legal aid is available, but other sources of legal advice are also available.

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

When changes were made to legal aid in family matters, it was anticipated that there would be considerable growth in the use of mediation. In fact, the numbers using mediation have dropped massively, and all the evidence indicates that that is because early legal advice is a gateway to mediation for assisted parties and reduces the burden of litigants in person in the courts. Is it not time that the Minister looked again at the issue?

[Dominic Raab]

My hon. Friend is absolutely right that we need to be encouraging more alternative dispute resolution, and I think that there is agreement on both sides of the House that we should incentivise cases being settled and not going through the courts, because of the cost and the trauma for those involved. The LASPO review provides an opportunity to look at all of this in the round, but I do not think that the answer will be exclusively about money; it will also be about the positive incentives that we put in place.

European Union (Withdrawal) Bill

Debate between Dominic Raab and Robert Neill

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Dominic Raab]

The Chair of the European Scrutiny Committee eloquently makes his powerful point. We need to avoid bear traps, cliff edges and potholes, and that is what this Bill does. That is a common goal that we all ought to be trying to pursue, on both sides of the House—whether we voted to leave or remain. I am not convinced that the amendment of the Chair of the Justice Committee would achieve that aim. Despite his best intentions and his rather ingenious drafting, I fear that the amendment would, in practice, create considerably more legal uncertainty, not less.

[Robert Neill]

I will not claim credit for all the ingenuity of the drafting, as I hope I shall make apparent in due course, but what if I told my hon. Friend that it is based on the work of the International Regulatory Strategy Group—one of the most distinguished groups of practitioners in this field? Would he think again about totally dismissing the thing, recognise it as a serious point that needs to be addressed here and engage with it?

[Dominic Raab]

I absolutely will not dismiss it. I am happy to think twice, thrice and as many times as my hon. Friend wants to talk to me about it. But let me make a couple of points to illustrate the risk of uncertainty that his amendment would cause. Subsection (A3) of amendment 357 begs the question of whether retained EU law restrains acts or omissions that start within the UK but that may have effects outside of it. Equally, subsection (A5) conflates functions conferred on public bodies with those of the Secretary of State. They are not the same thing. I sense that, underpinning this, he is trying to legislate in advance for unknown unknowns. I understand that temptation but if we go down that path, there is a countervailing but very real risk of increasing, rather than mitigating, the legal uncertainty. With respect, I hope that he can be persuaded to withdraw his amendment.

--- Later in debate ---

[Robert Neill]

In order that I might reflect on that as the debate goes forward, perhaps my hon. Friend would like to give me an example of the circumstances in which he thinks my amendment might increase the legal uncertainty, rather than assist it. I will obviously listen to that.

[Dominic Raab]

Well, I have just given two examples regarding subsections (A3) and (A5) of my hon. Friend’s amendment, but I would be happy to sit down with him and give some illustrative examples of how, in practical terms, I think that this is not actually the avenue or legal cul-de-sac that he wants to go down.

If my hon. Friend will forgive me, I will now turn to some of the other amendments in order that I give them due consideration in this important debate. In particular, I want to turn to amendment 278 and linked amendments 279 to 284 concerning exit day, which are from the Leader of the Opposition and other hon. Members.

The Prime Minister made it clear in her Florence speech that

“The United Kingdom will cease to be a member of the European Union on 29 March 2019.”

It is clear that the UK will leave the EU at the end of the article 50 process—some of the suggestions around the caveat are wildly unrealistic. The Government have tabled an amendment to make sure the drafting of the Bill is crystal clear on this point and to give the country—businesses and citizens alike—additional certainty and a measure of finality on it.

These amendments would replace that clarity and finality with uncertainty and confusion. They would alter the meaning of the term “exit day” in the Bill, but only for the purposes of the provisions of clause 6. For those purposes, but for those purposes alone, the UK would not leave the EU until the end of the transitional period. I am afraid that that would create damaging legal uncertainty, and the amendments are flawed. They would have the effect that, for the duration of any implementation period that might be agreed—and we hope one will be, sooner rather than later—all the important provisions on the interpretation of retained EU law set out in this clause could not apply; they could take effect, if I have understood correctly, only from the end of that period. Since we have not yet agreed an implementation period with our EU partners, the effect of the amendments would be to create an indefinite and indeterminate transitional period, which rather raises the question of whether the Labour party is really serious about facilitating the process of a smooth Brexit at all.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 31st October 2017 Commons Chamber

[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.

--- Later in debate ---

[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?

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

The hon. Gentleman is absolutely right that it can be quite an ordeal to go to an employment tribunal—or any tribunal—which is why I pay tribute to the conciliation work of ACAS. We will set out practical arrangements for the reimbursement of those fees. We want to ensure that all the points—particularly about people’s awareness—are properly thought through before we do that.

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

rose—

[Robert Neill]

It is no pleasure to say that a number of the criticisms of the development of this policy were foreshadowed in a Justice Committee report in the previous Session. As well as rightly and promptly acting to reimburse fees paid, will the Minister undertake to look at some of the specific recommendations in that report and at the factual findings on the evidence in the Court’s judgment? That would highlight a better way of developing policy in this area so that we do not end up in this situation again.

[Dominic Raab]

I thank the Chair of the Select Committee. We will certainly further consider his Committee’s report into this—[Interruption.] The former Chair of the Select Committee—

European Union (Notification of Withdrawal) Bill

Debate between Dominic Raab and Robert Neill

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Robert Neill]

My hon. Friend is providing a careful and interesting analysis, but is not the crux of the matter this: if at the end of the day there is no deal and we are forced to leave, perhaps on WTO terms, which many of us believe will be deeply damaging, it will be a scandal if this House does not have the chance to have a say on it? It will be a betrayal. Those who might not support new clause 110 today hope that perhaps the Lords will look more carefully at this, as, for many of us, the Government are on very borrowed time.

[Mr Raab]

I pay tribute to my hon. Friend the Chair of the Justice Committee and I agree that there should be a vote. The challenge is that I have not really heard anyone explain an alternative negotiation strategy to the one advanced by the Government, other than staying indefinitely in some limbo within the EU. That would create more uncertainty for business and greater frustration for the public, and it would devastate, paralyse and eviscerate our negotiating hand.

Courts and Tribunals Fees

Debate between Dominic Raab and Robert Neill

Monday 4th July 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

I congratulate the shadow Justice Secretary, the hon. Member for Leeds East (Richard Burgon), on his new position and welcome him to the Opposition Front Bench. I pay tribute to the work of the hon. Member for Hammersmith (Andy Slaughter), who held our feet to the fire assiduously over many weeks and who I am sure will continue to do so from the Back Benches.

I also thank my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) for his Committee’s important report and work on court and tribunal fees and charges, and hon. Members from across the House for their invaluable contributions to this debate. The Government will respond to the Committee’s report in due course, but I welcome this opportunity to address some of the issues it raised. I will try to respond to as many as is practical in the time allocated.

As hon. Members will appreciate, the principal reason for raising fees is financial—there is no getting away from that. The shadow Justice Secretary said that he would get rid of all the fees. He was a little thin on how he would pay for them, but perhaps that does not matter too much to the Labour party. The raw truth is that the Ministry of Justice is not a protected Department. We have a very challenging financial settlement, so we must reduce its annual spending by 15% in real terms, which means about £1 billion in cash terms by 2019-20.

It is worth remembering that this is not just about cuts; we are also committed to this approach precisely so that we can invest £1.3 billion to modernise our prisons, and more than £700 million to transform our court system. Achieving those dual financial objectives inevitably requires difficult decisions. There is no ducking them. We have to look at every area of the Department’s finances, and I am afraid that there can be no exceptions for the courts.

To ensure that the courts and tribunals are properly funded, and access to justice is properly protected, increases to court fees will be necessary. The cost of our courts and tribunal system to the taxpayer is unsustainably high, and it is only right that those who use the system pay more to balance that burden with the taxpayer.

[Robert Neill]

In coming to that conclusion, has the Department carried out research into or a survey on the costs to the court system of delays caused by persons appearing unrepresented as litigants? Should not that also be taken into account as part of the equation? What data does the Minister have?

[Mr Raab]

My hon. Friend raises a perfectly legitimate point. If he is willing to be patient, I will write to him with any precise details that I have.

In its report, the Committee accepts the principle of charging court users a contribution towards the cost of operating our courts. Whatever the specifics, I think that that principle is accepted. It is a question of balance between taxpayer subsidisation and user pay. I welcome the Committee’s finding in that regard.

Under the Treasury’s “Managing public money” rules, fees for public services should usually be set at a level designed to meet the cost of those services. However, Parliament has granted, through the Anti-social Behaviour, Crime and Policing Act 2014, a power that allows the Government to set court and tribunal fees at a level above the cost of the service. The income from those fees must be used to fund an efficient and effective system of courts and tribunals. When setting these fees, the Lord Chancellor must have regard to a number of factors, including the need to preserve access to justice. I assure hon. Members that we take that requirement seriously. The idea that somehow a profit is being made is not accurate according to the law, let alone the practice.

I will now turn to the specifics of employment tribunals. I appreciate the concerns expressed both by the Committee and by hon. Members across the aisles. Those who have spoken today have mentioned in particular the impact of fees on employment tribunals. When fees were introduced, there were three main objectives. The first was to transfer a proportion of the cost of the tribunal from the taxpayer to those who use it, where they can afford to pay. The second was to encourage people to consider other ways of resolving disputes, in particular the ACAS conciliation services, which are provided free of charge. There has been virtually no mention of them in this debate. The third objective was to protect access to justice. I do not think that anyone could disagree that those are legitimate aims to pursue.

The main concern about employment tribunal fees has been the large fall in the number of claims immediately after fees were introduced, but it is not that surprising that the volume of claims has fallen. It is obvious that more people will use a service if it is free than if they have to pay to use it. It is also worth reminding hon. Members across the House of a few key facts. First, help is available for those who cannot afford to pay, through fee remissions. Under that scheme, someone who is eligible for help may have the fee waived either in part or in full. We have taken steps to make sure that more people are aware of the help available, and that has led to a marked increase in take-up under the scheme.

Secondly, and crucially, the introduction of the ACAS early mandatory conciliation service has been a success, with more than 83,000 people referring their disputes to ACAS in the first year. As many people are using the ACAS conciliation service now as were previously referring their disputes to the ACAS voluntary service and the employment tribunals combined. That is important, regardless of whether the dispute ends up with a meritorious claim succeeding; it is valuable that potentially divisive disputes can be settled in that way.

[Mr Raab]

I will come on to that, if the right hon. Gentleman will bear with me for a few moments, because there are a lot of other points to get through. The point—this has been missed almost entirely in the debate—is that we are seeing the right kind of behavioural change.

Thirdly, the tribunal has the power to order the respondent to reimburse the claimant with his or her fee, if the claim is successful. Finally, on top of that, the Lord Chancellor has an additional power to remit fees where there are exceptional circumstances.

I appreciate that the Committee and hon. Members have not been shy in criticising the delay in completing the review. It is true that when we announced the review in June last year, we had hoped to finalise it by the end of the year. That simply was not possible and it is clearly important that we take time to carefully consider all the relevant material. It is regrettable that it has taken longer than planned, and I am sorry about that. I have looked into the situation and we will get the response published as soon as possible.

In our evidence to the Committee, however, we made it clear that, while we hoped that the review would be completed swiftly, we could not give a firm commitment on timing. I reassure hon. Members and the Chair of the Committee that the review is very close to completion, so I hope to be able to make an announcement in the near future.

[Robert Neill]

If the Minister will forgive me for saying so, his predecessor told us in February that he hoped we would have it “sooner rather than later.” What has caused the delay? Has the material been fully assembled in his Department, and why can it not be published?

[Mr Raab]

I thank the Select Committee Chairman, who is being as tenacious and assiduous as ever. We are in a position to make the announcement in the near future. I do not think it is right to split the evidence and our response to it. Hon. Members in this House and the public expect us, when we produce the evidence, to be able to say what we think about it. If he is patient with us, he will get both in reasonably short order. On top of the apology that I have already given, I want to make it clear that it will be coming as soon as is practicable.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 26th January 2016 Commons Chamber

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

One important area in which both service can be enhanced and value for money achieved is through greater efficiency both in the courts estate and the courts system. Is my hon. Friend satisfied that the Ministry has sufficient in-house capacity to deal adequately with major issues such as court restructuring, where negotiations have to take place at high commercial contractual levels, or will he bring in outside expertise where necessary?

[Mr Raab]

My hon. Friend is absolutely right. I have already explained some of the back-office savings that we are making not only to deliver better value to the taxpayer but to find the savings to reinvest. He is right to say that, where we need to engage with the private sector—or the voluntary sector for that matter—to take advantage of their ingenuity and innovation, we will do so.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Tuesday 3rd November 2015 Commons Chamber

[Mr Raab]

I thank the hon. Gentleman for his question but I am afraid that is not quite right. Revising the Human Rights Act can be done only by the UK Government. The implementation of human rights in a wide range of areas is already devolved to Scotland, and I urge the hon. Gentleman to focus his efforts in that area.

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

Given the constitutional importance of this issue, will my hon. Friend confirm that the consultation will result in a draft Bill that will be subject to full pre-legislative scrutiny in this House?

[Mr Raab]

I thank the Chair of the Justice Committee. We will be engaging in full consultation, but I hope my hon. Friend will not mind if I do not trail the precise terms of that at this moment.

Civil Legal Aid

Debate between Dominic Raab and Robert Neill

Thursday 15th October 2015 Westminster Hall

[Mr Raab]

No. As the Chair of the Select Committee pointed out, we are talking about behavioural conduct—human beings in very difficult situations. Sometimes their lives might be chaotic or difficult, or they might be under pressing conditions. I am not sure that we can say precisely why it has happened, because there could be a variety of reasons. The fact is that there is now a new litigants in person support strategy in place, led by the advice, voluntary and pro bono sector, which builds on domestic and international advice and evidence. Progress has been made, with increased provision of face-to-face, phone and online support.

It is not right to claim that increasing numbers of litigants in person have created knock-on costs that undermine savings from legal aid reform. The National Audit Office looked at the matter very closely and reported that the additional costs of the changes are relatively small compared with the gross figures—we are looking at around £3.4 million a year, compared with the scale of the civil and family legal aid savings achieved, which the NAO estimated at around £300 million a year. The suggestion about knock-on costs is therefore just not right.

Encouraging greater use of mediation has been a key plank of our wider reforms to the justice system, and it is germane here. Mediation can a be quicker, cheaper and less stressful means of dispute settlement than protracted litigation. It is right that we try to keep a whole range of disputes outside of the courts. As I said earlier, the justice system is there for citizens, not just lawyers. Mediation also plays a role in reducing conflict and helping the parties to communicate better with each other.

Admittedly, the volume of individuals diverted from court into family mediation was not as expected following the reforms, but family relations are difficult to predict, particularly on a societal scale. Nevertheless, we acted quickly to address matters when it became clear that the behavioural shift was not being achieved to the degree that had been hoped for and estimated, although it was only an estimate. The Family Mediation Task Force was established in January 2014 to respond to the situation, and we accepted many of its recommendations.

[Robert Neill]

I understand the point the Minister is making, but, perhaps precisely because it is difficult to predict these things, would he accept that it is not realistic to wait three to five years for a review? Would he be prepared to review the situation in this coming year, in light of that very unpredictability?

[Mr Raab]

I say to my hon. Friend that, in fairness, it can be argued both ways. One could argue that we ought to have a look now because of some fluidity in the figures, or one could say, “Hold on, shall we see if it settles down and we get a slightly bigger picture? Otherwise we’ll only end up having a second review or implementing reforms based on an initial review without having the big picture.”

[Robert Neill]

Again, I understand what the Minister says, but will he also bear in mind that there is not only the issue of the unpredictability that is acknowledged on all sides, but the fact that there is a significant underspend? If there is a significant underspend, which is quantifiable, that tends to indicate fairly strongly that some cases that should be getting legal aid are not, even on the estimates that were made.

[Mr Raab]

That is a fair point, but I am not sure whether that alone would justify bringing forward the review. We want to gauge the long-term direction of the reforms, but I take on board my hon. Friend’s point, which he made perfectly reasonably.

The actions taken as a result of the Family Mediation Task Force’s recommendations include the mediation information and assessment meeting and the first session of mediation for both participants, where one participant is eligible for legal aid. The number of publicly funded mediation starts have now increased for five consecutive quarters and are at their highest volume since the quarter April to June 2013. We acknowledge that the volumes are not where we would like them to be, but we are working on it. While the figures bed down and we tweak the system, we acknowledge that it has not been perfect or particularly easy to estimate with any great precision, but we are seeing significant and substantial improvements. Given the trajectory we are now seeing, it is not right to rubbish this aspect of the reforms.

We have also worked to increase awareness of legal aid and the Civil Legal Advice service on the Government web pages. There is a new, enhanced “Check if you can get legal aid” digital tool available, which provides interactive information to help individuals to assess their eligibility for legal aid. The service has been designed and tailored around the needs of applicants following extensive user testing—it has not just been put up there on a whim. A new communications strategy will be launched this autumn to increase the awareness of our partners, stakeholders and their front-line advice providers, on the availability of legal aid and the Civil Legal Advice service through the new digital tool.

Domestic violence is undoubtedly one of the most important dimensions of the reforms and their impact. I assume it goes without saying that domestic violence and abuse appals everyone present, as well as everyone across the House and across society. That is why it is a priority for the Government, and why we retained legal aid for protective injunctions, such as non-molestation orders. On top of that, in private family law matters—cases concerning child arrangements and financial matters—funding might be available for those who would be disadvantaged by facing their abuser in court. That is an important innovation.

Of course, evidence is required to ensure that the correct cases attract funding, but we have listened to and responded to specific concerns. Following an early review of the system, we made changes to make evidence easier to obtain. Since we intervened, the number of grants in such cases has risen quarter on quarter and by 25% over the past year. We will keep that under review and we will keep responding to the evidence, because that is the responsible thing to do.

I would like to touch briefly on the proposed residence test, which is also important. It is also the subject of litigation that is before the Court of Appeal today, I think, so I cannot comment on the detail. Nevertheless, I want to make it clear that the Government believe, as a matter of principle, that individuals should have a strong connection to this country in order to benefit from our civil legal aid scheme. We believe that the test we have proposed—with important exceptions for vulnerable groups—amounts to an approach that is fair and appropriate.

I want to pick up on some of the points that were made in the previous speeches. The Chair of the Select Committee referred to the estimates of the spend; we need to be honest that they were estimates. The scheme is demand-led, so it is difficult to make estimations with great precision, but, when needed, legal advice will be available. We will be conducting a post-implementation review. He may argue that it should take place sooner rather than later, but there are arguments both ways. We should not have a review too quickly before the reforms bed down; otherwise, we risk not seeing what the full impact and implications are, and we will get only a partial view.

Legal Aid Reform

Debate between Dominic Raab and Robert Neill

Thursday 27th June 2013 Commons Chamber

[Robert Neill]

The right hon. Gentleman had no difficulty serving in the Government of Tony Blair, who observed in 2003 that it was time

“to derail the gravy train of legal aid”.

He might like to think about his own background before he criticises anybody on the Government side of the Chamber.

Of course choice is important, but if we are to have a sensible and intelligent approach to choice, we must recognise that when choice is funded by the taxpayer, it should not come with a completely blank chequebook. It is legitimate to look at the way in which choice is delivered. We should link to the question of choice the important commitment to a proper quality standard. I hope that the Bar Council and the Law Society will work with the Ministry of Justice to develop a quality standard to ensure that the lawyers who come forward under this scheme are not just acceptable, but really good and able.

[Mr Raab]

Will my hon. Friend give way?

[Robert Neill]

I have given way twice, so my time is running out. I am sure that my hon. Friend will forgive me.

There might be different means by which the same objective can be achieved. It might be possible to have some form of panel system. It might be possible to have a different approach to police station work, where there is a strong argument for saying that firms need a guaranteed volume of work to make the business case sustainable, as opposed to the preparation of litigation and the ongoing court work in both the magistrates court and the Crown court. It is not unreasonable to say that choice has to be provided in the context of affordability. We must not be afraid to say that.

We must recognise that the number of people seeking work at the Bar and in the solicitors’ profession has grown greatly, frankly to an unsustainable level. The profession has to recognise that too many people are chasing a diminishing work load. The number of cases that go to court has reduced by broadly a third since I came to the Bar, whereas the independent Bar and the solicitors’ profession have become about three times as large. Something has to give. Let us sit down sensibly and find ways in which that can be achieved.

Oral Answers to Questions

Debate between Dominic Raab and Robert Neill

Thursday 10th June 2010 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

5. If he will review the extent to which the local authority funding formula accurately measures the funding requirements of local communities.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

As my hon. Friend is aware, this is the last year of a three-year settlement. We will consult on our proposals for 2011-12 in due course. We are of course prepared to keep an open mind about options for change in the distribution of formula grant to local authorities.

[Mr Raab]

I thank the Minister for his response. One ward in Elmbridge has double the national average of child poverty, yet we get back just one third of the national average of funding for local services. Will he consider the local funding formula as part of the local government finance review to ensure that it is based on a truly objective assessment of local needs?

[Robert Neill]

I am grateful to my hon. Friend for the question. I know that, very swiftly after his election to this House, he was in contact on behalf of his constituents regarding a number of related issues. I assure him that, yes, the Government are committed to a review of the local government finance formula and that, within its scope, we will of course consider the points that he and others have made.