Jeremy Wright
Main Page: Jeremy Wright (Conservative - Kenilworth and Southam)Department Debates - View all Jeremy Wright's debates with the Attorney General
(8 years, 11 months ago)
Commons Chamber7. Whether he has had discussions with the Prime Minister on the legal form of the UK’s renegotiation deal with the EU.
I regularly meet ministerial colleagues, including the Prime Minister, to discuss issues of common interest, including EU law matters, but I am not able to talk about the legal content of those discussions, because, by convention, whether Law Officers have given advice is not disclosed outside Government.
The President of the EU Council has said that we should expect a concrete proposal in February. Given the timescale involved, can the Attorney General tell us what legal form the renegotiation of the deal will take?
Of course, I cannot discuss the legal ramifications of an agreement that has not yet been reached. When the agreement is reached, the House will, of course, be able to see it and form its own judgment, including on its legal aspects, on which we will be able to say more. The hon. Gentleman will recognise, however, that the final say on the matter will come from the British public, who will have a referendum to determine their verdict—a referendum that a Labour Government would not have given them.
Article 50 of the Lisbon treaty states that, on announcing its intention to withdraw from the European Union, the withdrawing state will automatically be excluded from all meetings of the European Council and, if agreement is not reached within two years, the withdrawing state will be automatically excluded from the negotiated terms. Does the right hon. and learned Gentleman agree that a withdrawing state is therefore liable to suffer what would amount to a punishment beating to dissuade others from withdrawing, and that therefore there is no such thing as a soft Brexit?
These matters will be discussed in the course of the referendum campaign. The hon. Gentleman is several stages ahead of where we are now. The first thing that needs to happen is a renegotiation. Conservative Members believe that the renegotiation is necessary, and we wish the Prime Minister all success in achieving it. When he has, there will be a referendum to determine whether or not the British public believe it is a good enough deal. Both the renegotiation and the referendum were opposed by the hon. Gentleman’s party. We believe that they are the right things to do.
The plan appears to be to have an agreement as a first stage, which would later be confirmed in a treaty change. As the voters in Denmark and Ireland have shown in the past, the outcome of national referendums cannot be taken for granted. How can the Government be certain that any proposed treaty change in the future would actually be approved by each of the other 27 EU states?
My hon. Friend, too, will recognise that these matters will be debated fully in the course of the referendum campaign. I know he will play a full part in that campaign. Of course, in relation to both Ireland and Denmark, international agreements were reached and subsequently enacted. The Government and the public will of course wish to consider that, if that is the outcome of the renegotiation.
Were this country to vote to leave the European Union, would the Attorney General’s advice to Her Majesty’s Government be that the article 50 direction ought to be tabled straightaway so that the negotiations for our exit, which the British people would have so willed, could begin straightaway?
My hon. Friend will recognise that we are some way away from that. I know he will also recognise that, as I said in my initial answer, I cannot discuss in the Chamber or elsewhere legal advice that I may or may not give to the Prime Minister. I hope my hon. Friend will therefore forgive me for not doing so now.
One of the risks of leaving the EU is that the UK will no longer be able to rely on crucial EU criminal justice measures to fight serious and organised crime and terrorism. Has the Attorney General given any advice on that risk, and if so, to which Departments?
I am afraid that I am going to sound like a broken record. I think the hon. and learned Gentleman, like most Members of the House, understands full well that I cannot discuss in the Chamber the advice that I may or may not have given to the Government, and I am not going to do so.
In my view, the legal position surrounding the so-called renegotiation is confused at best. It appears to me that this confusion may be delaying potential withdrawal from the European convention on human rights. Do the Government intend to hold the EU referendum before addressing the UK’s membership of the ECHR?
I do not accept what the hon. Gentleman says about the position being confused. As I have already said, I cannot comment on the legal status of an agreement that has not yet been negotiated. In relation to the ECHR, he will know that my ministerial colleagues in the Ministry of Justice are working very hard on the Government’s proposals, and he will hear them in due course.
3. What recent steps the Director of Public Prosecutions has taken to improve co-ordination between prosecutors and police in the handling of cases involving sexual violence.
4. Whether he has given advice on the legality under international law of the bombing of Syria.
As I have mentioned, the long-standing convention adopted my predecessors in Governments of all hues is that neither the fact nor the content of Law Officers’ advice is normally disclosed outside the Government. In this case, the Government’s legal position in relation to taking military action against Daesh in Syria is reflected in the Prime Minister’s response to the Foreign Affairs Committee. The hon. Lady can take it that I am in agreement with that position.
I appreciate the fact that the right hon. and learned Gentleman’s advice to the Government is privileged, and rightly so, but will you do Parliament the courtesy of sharing your view on the legality of the current military action in Syria either now or in a statement?
Well, Mr Speaker, I do have a view on the matter. My view is that these were legal actions. As I have said, the Government’s legal position on these matters has been set out, I believe with clarity, so the House is aware of it. I do not intend to set out the specific advice that I have given, either on the individual drone strike in Syria or on military action against Daesh, but, as I have said, in both cases the Government’s legal position is set out and I fully agree with it.
5. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs and the Director of Public Prosecutions on the role of the national wildlife crime unit in increasing conviction rates for wildlife crime.
6. What discussions he has had with the Director of Public Prosecutions on the consequences of the Law Officers’ Department’s spending review settlement for the Crown Prosecution Service’s operations.
The Director of Public Prosecutions and I have regular discussions about Crown Prosecution Service operations. We both believe that the spending review settlement enables the CPS to respond effectively to a changing case load and an increase in complex and sensitive cases. We also continue to discuss how the CPS can be more efficient and effective in the work that it does.
Does the Attorney General agree with the former Director of Public Prosecutions, Lord Macdonald, that as the CPS is forced to shed thousands of jobs, a potentially dangerous situation could develop in which the CPS no longer has the necessary expertise to do its important job of delivering justice to the people of this country?
No, I do not agree, and, more to the point, neither does the current Director of Public Prosecutions. I draw the hon. Lady’s attention to two things in the settlement and what they have led to. The CPS can almost double in size its counter-terrorism unit, which has a growing case load, as she will appreciate. It can also recruit 100 more prosecutors to conduct work on serious sexual cases. In both those areas, the number of cases that the CPS has to deal with is growing substantially, and it is now in a position to do so.
Will the Attorney General confirm that his response is entirely consistent with the evidence that the Director of Public Prosecutions has given recently to the Select Committee on Justice? The willingness of the Crown Prosecution Service to look innovatively at the ways in which it organises itself is being reinforced by its co-operation with the chief inspector’s proposal to carry out thematic reviews of its financing at a corporate level, which will drive further efficiencies.
Yes, I agree with my hon. Friend, and it is important that the Crown Prosecution Service inspectorate takes that role. As I have indicated, it is keen to ensure that its work is conducted as efficiently as possible, and it will need to do that in continuing difficult economic times. It is not right to suggest that the CPS does not have the resources that it needs to do its job well.
This time last year the Director of Public Prosecutions asked the Attorney General for an extra £50 million to prosecute complex cases properly, but the spending review revealed a real-terms cut of 2.1% to the Law Officers Department. Given that the vast majority of the budget is taken up by the CPS, will the Attorney General confirm that the DPP is saying that she no longer needs the extra £50 million for which she was pleading just 12 months ago?
May I start by congratulating the hon. Gentleman on his well deserved promotion? I point out, however, that I think four people have done his job in the time that I have been doing mine, so I wish him at least a comparatively long career in opposition.
As he knows—we have discussed this issue across the Dispatch Box previously—it is important to listen to what the CPS is saying now, not what it said a year ago, and what it is saying now is what I read to him in my initial answer. At the time, the CPS comment, with which the DPP fully agrees, was:
“This settlement will allow the CPS to respond to a changing caseload and the significant increase in complex and sensitive cases, such as terrorism, rape and serious sexual assaults and child sex abuse.”
That is what the DPP believes. She says that this is a good settlement, and I agree with her.
13. What assessment he has made of the effectiveness of the law on the discharge of firearms by police officers.
For the purposes of clarity, Mr Speaker, I am not a member of the Welsh legal fraternity either.
In the aftermath of the tragic events in Paris last month, the Prime Minister asked for a review into the legal framework and investigatory processes relating to incidents involving police use of firearms. I will play my part in that review, which will conclude later this year.
My name may suggest otherwise, but Wales is not my home.
Last week I met the chief constable of Sussex police. We agreed that our firearms officers do a job that is difficult and often dangerous, and that they are more likely than ever to be called on to protect the public. They fully understand, quite rightly, that they will need to account for their actions if they use lethal force. Is the Attorney General comfortable that our investigating authorities support this difficult balance?
I agree with my hon. Friend. As he says, it is important that incidents are properly investigated, but it is also important we recognise the need to treat police officers fairly. If, as we do, we need to recruit more police officers to do the difficult work of using firearms, and we need to retain experienced officers who already do that work, then they need to feel as though the system will treat them fairly. That is, I hope, what the review will do.
14. What discussions he has had with the Secretary of State for Communities and Local Government on the effect of the Supreme Court ruling of 13 May 2015 on local authorities’ ability to meet their legal duties towards people facing homelessness.