(2 years, 4 months ago)
Commons ChamberI absolutely agree with what the right hon. Gentleman has just said. Does he not also think that we have to do something about the market for very rare, valuable tropical hardwoods? That market acts as a huge economic incentive for people in forest areas, because it is their only way of surviving economically. We have to do something about that as well, because we are indeed the market for those products.
I do not often agree with the right hon. Gentleman, but I absolutely agree with him on that point. None of us in this country should be buying tropical hardwoods for furniture or other purposes.
At the same time—this is perhaps where I differ slightly from the hon. Member for Brighton, Pavilion—for communities in developing countries where we want to see the restoration of the natural habitats that are so crucial to some of the world’s most iconic endangered species, our starting point should be the people themselves. We have to ensure that there are proper livelihoods, so that people can earn a living and at the same time benefit from the restoration of nature. That means helping them to establish proper, viable farming on part of that land, on a much larger scale and more efficiently, it means ecotourism to bring wealth into those areas, and it means sustainable logging and the sustainable management of forests. All those things are necessary. This is, to some extent, about GDP growth, because that is how we give those people the sense that, by properly managing that land, they benefit from it and also benefit from the restoration of nature.
(9 years, 8 months ago)
Commons ChamberWhen the Lord Chancellor had the pleasure of meeting lawyers from all over the world at this global summit, how many of them came up to him and said what a great idea it was to advance the human rights cause around the world while withdrawing from the European convention on human rights, and did they offer him any advice on the need to remain within the orbit of international humanitarian law?
I had no such conversations one way or the other—[Interruption.]—because nobody raised the issue with me. The hon. Gentleman and I disagree fundamentally on this issue—I believe that change is necessary; he does not—but the difference is that the public support me, not him.
(9 years, 10 months ago)
Commons ChamberDid the Secretary of State know whether Mr McDowell had a family relationship with Sodexo before he referred the case to the Justice Committee?
I think I have answered that question already. I said yes, we knew that Mr McDowell had that relationship, and yes, we followed the Cabinet Office guidelines to the letter. At the time, his wife did not hold a position in the rehabilitation arena. She has now moved to a position where she will be the head of that part of the business. Mr McDowell has decided to step to one side, which is a creditable decision to take. As I said earlier, I do not believe that somebody should be disqualified from applying for a job because of a hypothetical. I know that the Opposition do not agree, and they seem to be out to get Mr McDowell. I can only reiterate that he is a fine public servant. I regret the fact that he has had to leave and I hope that he has a good career in the future.
(10 years, 7 months ago)
Commons ChamberMy proposed residence test would mean that such cases were no longer possible. I think it important for there to be restraints on our legal aid system. I personally find some of the things that we have read about the inquiry into the cases brought as a result of action in Iraq extremely disturbing. I have asked my officials to examine in great detail what has happened, and to consider whether there are appropriate actions for us to take.
Will the Lord Chancellor think for a moment about the logic of his case? Surely all those who come before the courts have a right of representation, a right of access, and a right to have their cases heard. If the Lord Chancellor’s logic had been applied in the past, the Mau Mau people, who suffered the most grievous maltreatment by British armed forces in the 1950s, would never have had a chance to bring their case before the courts in this country, and would never have had any hope of securing justice.
The hon. Gentleman and I have always differed on these matters. It is important to deal with historical wrongs, but I do not believe that we should encourage British law firms to deal with cases from other parts of the world, at enormous cost to the taxpayer, when in the end—as in the case of the Iraqi situation—there are serious question marks over those cases. I think we need a system that makes our legal aid available to British people, but not to people in the rest of the world.
(10 years, 9 months ago)
Commons ChamberWe will not change the order of the collection of fines and victims’ charges. The collection of court costs will come after that. It is worth saying that the repayment of the charge will, as is normally the case in the courts in relation to fines and victim surcharges, be set at a rate that offenders can afford, so there will always be an incentive for them to find a job and to work hard. Offenders will be able to earn their way out of the charge if they do not reoffend. We will make provision for the charge, or any outstanding sums of money, to be written off if the offender does not reoffend. There will, therefore, be an incentive to go back into work, get on with it and make regular payments. Then, when they do not reoffend, an amount of money will be written off. That is a fair and balanced way to ensure that we secure a contribution from those who can afford it—there are people in our courts who will be able to afford this money on the spot—and create a system whereby if people do the right thing, we will do the right thing by them and write off any outstanding money.
I reassure my hon. Friend the Member for Cambridge (Dr Huppert) that we take the enforcement of such payments extremely seriously. We continue to work hard to improve enforcement levels and we will address some of the historical debt by outsourcing the collection of criminal financial impositions in a more effective way. I hope that that will enable us to recover some of that debt. I want to ensure that those who have the means to pay but refuse to do so, do not escape without consequences. The reality is that many people work very hard to avoid paying money to the courts and we need to use every tool at our disposal to ensure that they pay.
We must continue to look at ways to make the court system more efficient and proportionate to crimes committed. Too much of magistrates’ time and court time is currently spent simply going through the motions of hearing a case where the defendant has pleaded guilty by post or has not responded. We currently have the absurd situation of valuable court time being spent on hearings where paperwork is simply read aloud by lawyers. The Bill allows a single magistrate to deal with such cases away from the traditional magistrates courtroom. It will free up valuable court time to focus on cases where they make a real difference to victims and their communities, while preserving a defendant’s right to request a hearing in open court.
Does the Secretary of State not think it a bit dangerous for such cases to be dealt with by a single magistrate? Would it not make our justice system more secure for three magistrates to sit on the bench, so that they could at least discuss the case and reach a collective decision?
We have a high-quality magistracy in this country, and I am confident that, in simple cases—when someone has pleaded guilty to, for example, a motoring offence by post, and the facts are very clear—our magistrates are capable of reaching a decision themselves. I agree with the hon. Gentleman that there are great strengths in a system that provides for a bench of more than one person to deal with a criminal prosecution when someone’s liberty may be at stake, but I am confident that, when it comes to dealing with simple offences and guilty pleas that are submitted by post, our approach is realistic.
Indeed, but in my experience, most magistrates would regard themselves as perfectly capable of dealing with relatively simple processes of this kind. I think that the provision will free up court time and create a smoother process.
At what level would it be decided whether there should be one magistrate or three, and what would be the appeal process in the event of a magistrate’s refusing to call in colleagues if the defendant wanted that to be done?
Typically, these will be uncontested cases. A contested case in which the defendant wished to plead not guilty would not be dealt with outside the courtroom. These are simple cases in which there is no doubt about the defendant’s guilt because the defendant has pleaded guilty, and which can be dealt with out of court by magistrates, without the formality of a court hearing.
(10 years, 10 months ago)
Commons ChamberI agree with my hon. Friend’s sentiments. We have gone to the Court of Appeal to ensure we can continue to give whole-life tariffs in this country. My view is that this should always be a matter for Parliament, but as he knows, while we have good collaborative relationships across the coalition and while we agree on many things, there are some things we do not agree on, and this is one of them, so I am afraid that wholesale change to our relationship with the European Court of Human Rights, which I personally think is urgently needed, will have to await the election of a majority Conservative Government.
Will the Justice Secretary think about what he just said? He might agree or disagree with an individual decision of the ECHR, but does he not recognise that having a Europe-wide convention which protects the human rights of everybody in every country that is a signatory to it is good for all of us, including victims of irrational justice decisions in other jurisdictions? Will he not declare that we support the idea of a European convention on human rights and that we will not withdraw from it?
(10 years, 11 months ago)
Commons ChamberMy hon. Friend echoes the view of many people in this country that the whole-life tariff ruling is entirely inappropriate. The Government are considering how best to respond to the ruling, but it is an example of why, in my view, the Court’s reputation in this country has fallen dramatically in recent times, and of why change is now so urgently necessary.
Will the Secretary of State think more carefully about this issue? Were Britain to withdraw from the European convention on human rights, and consequently, from the European Court, where would our moral stature be in condemning human rights abuses in any other European country, and what would be the future for human rights in this country? Does he not think that, instead, he should be more positive and proactive about the necessity of human rights legislation to protect us all?
T7. Will the Secretary of State confirm that neither G4S nor Serco will be considered for any further contracts with the Ministry of Justice while the fraud inquiries are continuing?
Mr Speaker, you will understand that, for legal reasons, I cannot discuss the outcome of a tendering process before the appropriate time. I will make the appropriate statements when the right moment arises.
(11 years, 4 months ago)
Commons ChamberTo 1999—I beg the right hon. Gentleman’s pardon.
As for how the issue has been addressed more recently, let me be clear that none of the team leading the effort in the Ministry of Justice today was in position when the matter first came to the Department’s attention in 2008. The team who are leading the renegotiation have done a first-rate job of putting together a much tighter contract management framework, which highlighted this issue. It is to their credit that they found it, and I am very grateful to them that they did.
I thank the Secretary of State for his statement, which is quite shocking in its content. Does he not think there is a case for advising local government and the national health service, both of which have large contracts with both companies, of what action he is taking and why he has taken it, to see whether they might care to look at their contracts with the two companies and the performance of them? Does he not think for a moment that his almost love affair with contracting out services to the private sector should be tempered by possibly thinking of a public service option for delivering such important government services, rather than taking the first position, which is always to go to a private contractor?
I am absolutely certain that my colleagues in the Cabinet Office will make both local government and health service bodies aware of what has happened. That would be right and proper.
On the hon. Gentleman’s latter point, I appreciate that he did not always agree with the leadership of the previous Government—I give him credit for that—but when he talks about a “love affair” with contracting out, I would remind him that the contracts were not let by this Government, but by the last Government.
(11 years, 5 months ago)
Commons ChamberCould the Secretary of State assure the House that none of the e-mailed responses to his consultation has been deleted? To make everybody happy, will he ensure that every single one of them is published, because there seems to be a story out there that somehow or other his Department is not interested in the response to the consultation process, and therefore it has been deleting unwanted e-mails? I am sure that is not the case, but could he assure the House that it is not so?
My understanding is that that is not the case, and if there is any suggestion that it is the case, we will ask the people who sent the e-mails to resend them. However, I can assure the House that as far as I am aware, every submission is in our hands, is being read, and will be considered properly.
We need to ensure two things. We have to bring down the cost of criminal aid, so no change is not an option. We have consulted on a package of proposals and there will have to be change in the solicitors sector. The Law Society itself accepted that in a letter to the Select Committee yesterday. However, as I have said, one of the issues that arose from the consultation related to rural areas and we will consider it very carefully.
T4. In answer to questions asked by my hon. Friend the Member for Glasgow North East (Mr Bain) and others a few minutes ago, the Secretary of State and his colleagues were less than clear about the European convention on human rights. Which part of it do they object to and want to change, and are there plans to leave the convention altogether?
(11 years, 6 months ago)
Commons ChamberOn this matter, I have a lot of sympathy with what my hon. Friend says. He may have sensed from my recent comments that I am looking closely at this area. I hope to be able to provide further reassurances to him in due course.
T6. Will the Secretary of State assure the House that he and the Government have no plans to withdraw from the European convention on human rights?
It is not the policy of the coalition Government to withdraw from the European convention on human rights. My party is looking at what proposals we want to put to the country at the next general election. The vast majority of the population want changes to our human rights framework. If the Labour party disagrees, I look forward to having that debate.
(11 years, 8 months ago)
Commons ChamberWhen I was younger I was a human rights campaigner, and my idea of human rights is not providing artificial insemination to prisoners in our jails. It is up to the Labour party if it wants to defend that. I am going to carry on arguing for change, and I hope that when we are a majority Government we will deliver it.
Does the Secretary of State not recognise that the ECHR has done a great deal to improve the lot of people who were discriminated against and abused in many countries across Europe. It is an important statement of intent by a large number of countries. Can he not just get behind the principle that human rights are universal? The universal declaration is important, and the European convention was a major landmark in improving human rights around the world?
The issue is not about the original convention, which contains a sensible balance of rights and responsibilities. The issue is about how far we have moved over 60 years from the original intentions of those who wrote the convention. That is why a change is desperately needed.
(12 years ago)
Commons ChamberYes. [Interruption.] I am fully awake, thank you.
The Members behind the Secretary of State are determined to break with so much to do with European law and Europe as a whole. Does the right hon. Gentleman not recognise that the European convention on human rights, the European Court of Human Rights and all the advantages that have been given to people who would otherwise be denied human rights across Europe are very important, and that we should dedicate ourselves to supporting that principle even though at times a European court, just like a UK court, can make decisions that are inconvenient and are seen to be unhelpful to national Governments? That is the whole principle of the independence of the judicial system.
The European convention on human rights was written in the 1950s by Conservatives at a time when Stalin was in power in Russia and people were being sent to the gulags without trial. What has happened over 40 or 50 years is that the judgments around the human rights framework have moved a long way from the original intentions of the authors of the convention. That is why it is my strong belief that change has to happen.
We have not yet done the assessment—the detailed work—but I think there are good grounds for believing that good work has been done, and I will provide more information in due course.
The lessons from the Qatada case are that it is quite difficult to deport people to jurisdictions that do not adhere to, as a basis, the UN convention on torture, for example. What is the Department doing to encourage jurisdictions outside Europe to sign up to a higher standard of international law, so that there is a greater sense of parallel of the rights of justice in this country, in Europe and in other parts of the world?
Of course, it is the role of Britain and other democratic nations to encourage non-democratic countries around the world to adopt democratic principles, the rule of law and a proper fair, independent judiciary. But I have to say that I do not believe it was ever the intention of those who created the human rights framework to which we are currently subject that people who have an avowed intent to do damage to this country should be able to use human rights laws to prevent their deportation back to their country of origin.