Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 20th February 2024 Commons Chamber

[Marco Longhi (Dudley North) (Con)]

4. What steps he is taking to exonerate sub-postmasters who were prosecuted due to errors in the Post Office Horizon system.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

7. What steps he is taking with Cabinet colleagues to exonerate sub-postmasters who were convicted due to errors in the Post Office Horizon system.

[Kirsten Oswald (East Renfrewshire) (SNP)]

10. What steps he is taking with Cabinet colleagues to exonerate sub-postmasters who were convicted due to errors in the Post Office Horizon system.

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[Alex Chalk]

I thank my hon. Friend for the careful and thoughtful way in which he addresses this significant issue. The judiciary and courts have dealt swiftly with the cases before them, but the scale and circumstances of the prosecution failure mean that this demands an unprecedented response, and that is why the Prime Minister announced this major step forward in response to the Horizon scandal. We are keen to ensure that the legislation achieves its goal of bringing prompt justice to all those who were wrongfully convicted, followed by rapid financial redress. It is not right that wholly innocent people could potentially go to their graves with the mark and stigma of a conviction hanging over them.

[Gavin Newlands]

Every day we hear further revelations about the Post Office, and today’s shocking—well, it should be shocking—BBC story states that the 2016 Swift review noted that the Post Office had always known about the balancing transaction capability of Horizon and that the Government knew in 2016 that a Deloitte investigation into all Horizon transactions was under way and that this investigation was suddenly halted after sub-postmasters began legal action. Will the Secretary of State confirm whether the Ministry of Justice was aware of this, and does he believe that that apparent non-disclosure to the inquiry is a threat to judicial freedom and independence?

[Alex Chalk]

In 2020—coming up to four years ago now—an independent inquiry was set up under Mr Justice Wyn Williams. That is expected to report later this year, and it will go into properly exhaustive details about who knew what and when. We are absolutely clear that there has been an egregious failure of prosecution conduct—frankly, one that brings shame on those involved—and it is absolutely right that that inquiry should get to the bottom of what took place and who knew what and when.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mike Freer]

Our intention is to ensure that the backlogs go down by ensuring that as many families as possible are kept out of the court system through the use of schemes such as the family mediation voucher scheme.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

5. What recent discussions he has had with Cabinet colleagues on strengthening human rights.

[Kirsten Oswald (East Renfrewshire) (SNP)]

6. What recent discussions he has had with Cabinet colleagues on strengthening human rights.

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[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

We have introduced the Bill of Rights and look forward to bringing it forward for Second Reading shortly so that we can strengthen quintessential UK rights such as freedom of speech, as well as deporting more foreign national offenders and restoring some common sense to our justice system.

[Gavin Newlands]

Given his last stint in the role, the entire legal sector was—how should I put this?—rather surprised when the Secretary of State was reappointed, and they are not alone. The former Lord Chancellor, the right hon. and learned Member for South Swindon (Sir Robert Buckland) called his Bill of Rights “worse than useless”. The former Northern Ireland Secretary, the right hon. Member for Skipton and Ripon (Julian Smith) called it “wrong headed and regressive”. Other Ministers described it as “a complete mess”. If that is what his friends think, the House can only imagine what we in the Scottish National party think about this measure. Can the Secretary of State tell us why his own colleagues do not think his pet project is required or desirable?

[Dominic Raab]

The hon. Gentleman is wrong on all counts. I am confident that—[Interruption.] He can quote anonymous sources, and there are some well-known differences of opinion, but I can confidently predict that on Second Reading, the Bill of Rights will have overwhelming support in this House. He cited academics, but I point to Lord Faulks KC, Oliver Sells KC, Jonathan Fisher KC, Steven Barrett KC and John Larkin KC, former Attorney General for Northern Ireland, all of whom have very much welcomed the proposals.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 16th March 2021 Commons Chamber

[Amy Callaghan (East Dunbartonshire) (SNP)]

What steps his Department is taking to maintain human rights standards after the end of the transition period.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

What plans he has to amend the Human Rights Act 1998.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The UK has a long-standing tradition of securing human rights. Indeed, the United Kingdom, for many decades and centuries, has been a beacon around the world for the protection of human rights. The operation of the Human Rights Act, now over 20 years old, is being reviewed. The review is being led by Sir Peter Gross, a retired Court of Appeal judge, supported by, among others, two QCs and two professors.

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[Chris Philp]

Yes, most certainly. There is no plan to repudiate our obligations under the European convention on human rights and there is certainly no plan to leave the Council of Europe, so I can absolutely give the hon. Lady the assurance she asks for. On working closely with the Scottish Government, yes we are doing that and I would like to take this opportunity to thank the Scottish Government for the response to the review’s call for evidence, which I believe has already been received.

[Gavin Newlands [V]]

[Inaudible.]—my hon. Friend the Member for East Dunbartonshire (Amy Callaghan) has just referred to, and both this Government’s desire for power grabs in many other areas of Scottish Parliament competence and the fact that Scotland’s legal system is separate and distinct, does the Minister agree that when published the review should include a commitment that they cannot and must not impinge on the integrity of Scottish law?

[Chris Philp]

The review is into human rights. As I said, the United Kingdom has been a beacon of human rights for many centuries now and we intend to honour our ECHR obligations. There is no intention to interfere with the Scottish legal system, although I am rather concerned by the remarks Lord Hope made about the apparent problems with the independence of Scotland’s prosecutors.

Lammy Review

Gavin Newlands Excerpts

Tuesday 30th June 2020 Commons Chamber

[Alex Chalk]

My hon. Friend makes an excellent point. We cannot hope to solve this issue as a society if people are leaving school with ingrained racist instincts. I think we have moved on a huge way in that respect, but of course we must never be complacent, and we must redouble our efforts to ensure that school is a place of tolerance and understanding and of building a better future.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Whenever the Government are asked about anything affecting BAME communities, they shout about the Lammy review, yet they have a long, long way to go to implement much of it. We heard from the author of the review of the prison population and stop-and-search increases. On lockdown fixed penalty notices, Katrina Ffrench of StopWatch said:

“The numbers are clear. Black and Asian people are disproportionately being given fines in comparison to their white peers. This ethnic disparity must be addressed and officers made to account for their decisions.”

Does the Minister agree?

[Alex Chalk]

That is the precisely the theme that I have been trying to advance in the course of these questions. Yes, of course—that is the whole point of “explain or change”. If there are these disparities, the whole purpose of the review is to get the data out there, and if they cannot be explained, people such as the hon. Gentleman, with his assiduous questions, will be shining the very light that we want to see him shine.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 4th June 2019 Commons Chamber

[Mr Gauke]

Indeed I am concerned about the impact of short sentences, not just on those who receive them but on society as a whole, because if they are ineffective in reducing reoffending, we are not doing society a favour and we are not reducing crime in the way we want to. As I said a moment ago, we set out our approach in the female offenders strategy—there is a case for looking at alternatives to custody for less serious offences. As a whole, I am ambitious to reduce the use of short sentences, which I do not see as being effective in reducing crime.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

11. What his Department’s policy is on short sentences.

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

There is a strong case for abolishing sentences of six months or less—with some exceptions—and we are working towards having firm proposals by the summer. There is persuasive evidence that short custodial sentences do not work in terms of rehabilitation and helping some offenders to turn their backs on crime, and that community sentences can be more effective in reducing reoffending and therefore keeping the public safe. That said, we must ensure that the public and the judiciary can have confidence in effective community orders that address offenders’ behaviour, meet their mental health and alcohol or drug misuse needs and provide reparation for the benefit of the wider community.

[Gavin Newlands]

Before his promotion—potentially to Prime Minister—the right hon. Member for Penrith and The Border (Rory Stewart) said:

“We have a lot to learn from Scotland, specifically on community sentences, and indeed we will be looking at what more we can do to emphasise that a custodial sentence in the short term should be a final resort.”—[Official Report, 24 April 2018; Vol. 639, c. 714-15.]

Given the Secretary of State’s answer just now, will he ensure that there is a continuity of approach within the new ministerial team in the MOJ?

[Mr Gauke]

I am sure that there will be; I would certainly expect that to be the case. One thing that we should learn from Scotland is that we need to ensure that community sentences are not ignored, and that drug treatment orders are completed. I know that that has been an issue in relation to some of the reforms in Scotland, and we need to learn from it, because if we are going to make these reforms we must ensure that community sentences are working properly.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Lucy Frazer]

The hon. Gentleman mentioned immigration, and people can already get legal aid for asylum cases. We are committed to ensuring that people know when legal aid is available to them. We are going to advertise when it is possible and undertake a programme to ensure that people know when legal aid can be claimed. In other areas where it is currently out of scope, we want to ensure that we provide it in the best way possible. In relation to housing advice, I should also mention that people can always get advice on the telephone gateway.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

9. What steps the Government plan to take to ensure that the UK legal system operates effectively after the UK leaves the EU.

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

The UK and the EU have agreed the terms of an implementation period. If Parliament is able to support a deal, common rules will remain in place during that period. That will provide certainty to businesses and citizens. The UK and EU have also committed to explore a new agreement on family judicial co-operation and other related matters; ambitious arrangements for services and investment, including legal services; and a future security partnership. My Department continues to work to ensure we are in the best position to negotiate our priorities.

[Gavin Newlands]

The former Brexit Minister, the hon. Member for Daventry (Chris Heaton-Harris) said at the Dispatch Box that a no-deal Brexit

“would not result in a reduction in mutual capability”—[Official Report, 20 March 2019; Vol. 656, c. 1077]—

on security and law enforcement co-operation.

However, the Solicitor General, when giving evidence to the Justice Committee, said:

“A no deal is deeply suboptimal when it comes to criminal justice”

and that

“we would lose the European arrest warrant”,

which

“raises all sorts of questions of delay and, frankly, potential denial of justice”.

Will the Justice Secretary tell me which Minister’s version of the post-Brexit future is accurate?

[Mr Gauke]

We are very clear that the best way forward is to reach a deal. That is what the Government are endeavouring to achieve and support from across the House would be quite helpful in delivering that.

Draft Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019

Gavin Newlands Excerpts

Wednesday 13th March 2019 General Committees

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to see you in the Chair, Mr Austin. I start by declaring my pride in not being a lawyer, lest I draw the ire of the hon. Member for Huddersfield. This is another no-deal Committee to allow for the Government’s catastrophic Brexit but, given that we are so far behind in the number of statutory instruments that we need to pass before Brexit, I suspect that the civil servants will be making a small prayer tomorrow for at least a small extension to article 50, to allow for some of those SIs.

The Justice Secretary in the Scottish Government and the Justice Committee of the Scottish Parliament have both indicated their assent to the draft regulations, so I will not break concord by seeking to divide the Committee. I will detain it no longer.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 12th March 2019 Commons Chamber

[Rory Stewart]

The important thing is to begin by paying a huge tribute to prison officers, who are doing an incredibly important job. They are probably one of the most important operational bits of any public service, and we owe them a huge duty of care. We have to make sure that the drugs and weapons do not get in. We have doubled the sentence for people assaulting prison officers, and I am happy to sit down with the hon. Gentleman to talk about this in more detail.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

5. What recent discussions he has had with Cabinet colleagues on the future status of the UK as a signatory to the European convention on human rights.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

22. What recent discussions he has had with Cabinet colleagues on the future status of the UK as a signatory to the European convention on human rights.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

My right hon. Friend the Secretary of State has regular meetings with Cabinet colleagues relating to the UK’s exit from the EU and issues such as our approach to human rights and the ECHR. The UK is committed to membership of the ECHR, as my right hon. Friend has previously set out, and we will remain a party to it after we have left the EU.

[Gavin Newlands]

In a letter written last year, the Minister implied that the Human Rights Act would come under threat post-Brexit. He said that

“our manifesto committed to not repealing or replacing the Human Rights Act while the process of Brexit is underway. It is right that we wait until the process of leaving the EU concludes before considering the matter further.”

So, for the avoidance of doubt, will he rule this out today?

[Edward Argar]

This country has a long tradition, which long predates the ECHR or the EU, of championing and setting the highest standards on human rights. The Human Rights Act 1998 reflects that and gives further effect to the ECHR in our domestic law, and we are not considering amending or repealing it.

Exiting the European Union (Mediation)

Gavin Newlands Excerpts

Monday 18th February 2019 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Since that fateful day in June 2016, the Scottish National party has consistently raised justice co-operation post Brexit. No mitigation can replicate the arrangements we have as members of the EU. On the face of it, this statutory instrument seems less important than the grand examples of fleeing businesses, uncertainty about medicine supply chains and failed shipping contracts with firms with no ferries that result in millions of pounds being wasted, but it remains an important and undeniable example of utterly pointless self-harm. In this SI, the UK is willingly taking a course of action that will put both British and EU citizens in a worse position. Jim Cormack, QC, of Pinsent Masons, has said:

“The significance of the repeal is perhaps more symbolic as it explicitly recognises that Brexit results in the end of reciprocity in this respect between the UK and the relevant remaining member states of the EU”.

Scotland has a separate legal system and approach to justice that is closely integrated with EU law, so the SI applies to Scotland only in a limited way. As the Minister identified, Scotland will legislate separately to repeal the relevant provisions within the legislative competence of the Scottish Parliament, including on court rules. Nevertheless, this is a significant SI, as it flows directly from the UK Government’s decision to leave the EU without showing due regard to the fact to two nations of this so-called precious Union of equals voted to remain—Scotland emphatically so.

Scotland is, then, being ripped out of the EU against its will, and I have serious concerns about the impact this will have on our justice system, which I remind the House has always been separate and distinct—even if the right hon. Member for Islington North (Jeremy Corbyn) was unaware of this fact when he visited Scotland recently. Over the past 40 years, EU law has become woven into the fabric of both Scots and UK law, and this has overwhelmingly been to our benefit, yet, even though these effective arrangements for judicial co-operation benefit victims, families, businesses and communities in Scotland and elsewhere in the EU, they face being repealed or are under serious threat.

What makes this worse is that throughout the whole Brexit process the Scottish Government, the Scottish Parliament and all our civic organisations have been roundly ignored, while the Prime Minister ploughs on with the least popular Westminster initiative since the poll tax. No attempt has been made to win over Scotland or even to listen to any of the concerns expressed in the country, which raises certain questions. For example, what consultation was carried out in Scotland with the Scottish Government, the Law Society or any other civic body?

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

I completely agree with the Chair of the Justice Committee. There are serious crimes for which a strong custodial sentence is exactly the right answer, but there are also cases for which short sentences, in particular, are ineffective for rehabilitation and do not serve society well. Prison should be used when appropriate, and we should look to develop alternatives to prison wherever possible.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I am heartened by the Secretary of State’s answers thus far. Last September the prisons Minister, the hon. Member for Penrith and The Border (Rory Stewart), said that

“the evidence on what could be done to reduce reoffending by not overusing short prison sentences inappropriately is a good lesson from Scotland from which we wish to learn.”—[Official Report, 4 September 2018; Vol. 646, c. 41.]

At Holyrood, however, the Scottish Conservatives have long campaigned against the presumption against short sentences, claiming it to be a soft-touch approach. Does the Secretary of State agree that the Scottish Conservatives are out of touch in wanting to pursue an old-fashioned and entirely ineffective approach?

[Mr Gauke]

I will focus on the approach that I want to take in England and Wales. If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.

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[Mr Gauke]

Again, my hon. Friend is right to highlight this issue. The increased use of body-worn cameras can help to ensure that we have evidence that can ensure that wrongdoing by prisoners can be brought to book—it can enable prosecutions to be brought. It also provides an ability to ensure that the truth can always be discovered, which is important. Body-worn cameras are not the sole answer, but they are part of an answer on how to bring the number of these incidents down. The nearly 6,000 additional body-worn cameras, alongside staff training, can help us to move in the right direction.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Every assault on a prison officer is, of course, one too many. In the last full year, there were five times fewer serious assaults on prison officers in Scotland than there were in English and Welsh prisons. Given that stark contrast, and the fact that while this Government were slashing prison officer numbers by nearly a third their numbers in Scotland actually rose, will the Secretary of State meet the Scottish Government to discuss what he could learn from Scotland’s approach to this issue as well?

[Mr Gauke]

We have a co-operative relationship with the Scottish Government and that will continue. Let me point out that since October 2016 we have seen an increase in prison officer numbers of 4,300, which is to be welcomed. At one stage, people said, “Those are new numbers but they are very inexperienced”, but of course as each month goes by those prison officers are gaining experience and confidence. I believe we will see improvements in the months and years ahead.