Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 16th March 2017 Commons Chamber

[The Attorney General]

The hon. Lady tempts me to explore what will be in the great repeal Bill. I am not going to do that, but she knows, and I am sure her colleagues know, that if the Bill affects the legislative competence of the Scottish Parliament or the executive competence of the Scottish Government, there will need to be a legislative consent motion.

[Mr David Nuttall (Bury North) (Con)]

Does my right hon. and learned Friend share my concern that people might be slightly misled by our referring to the proposed Bill as the great repeal Bill? Although it will repeal the European Communities Act 1972, it is actually the great continuity Bill, because its other purpose is to transfer the body of EU law into UK law.

[The Attorney General]

My hon. Friend makes a fair point. He is right to say that this Bill will repeal the 1972 Act, and that is a significant step in this country’s history, but it will also, as he says, make sure that we do not have huge amounts of disruptive change for business, industry and individuals, and we will try to make sure that there is as much continuity on the day after departure as there was on the day before departure, where that is feasible.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 2nd February 2017 Commons Chamber

[The Attorney General]

I am afraid that I do not agree with the hon. Gentleman’s premise. Let me point out a number of things to him. First, I think that the Supreme Court of the United Kingdom is the right place in which to decide a case of such significance. Secondly, if the Government’s arguments had been as hopeless as the hon. Gentleman suggests, three Supreme Court justices would not have agreed with them. Thirdly, as I have already pointed out, the case was in the Supreme Court partly because judgments in Northern Ireland cases were appealed against to the Supreme Court, not by the Government but by the other parties. The Government responded to those cases, and, incidentally, were successful. Fourthly, the Supreme Court was dealing with arguments presented by the devolved Governments, which had to be dealt with by the Supreme Court. In that instance, the Government were again entirely successful.

Lastly, let me say this to the hon. Gentleman. I think it is a good thing that, in a system governed by the rule of law, a Government are prepared to go to court to argue their case, to make use of appeal mechanisms like any other litigant, and then to abide by the final outcome. That is what has happened, and I think it is a good example of the way in which a rule-of-law system should work.

[Mr David Nuttall (Bury North) (Con)]

Does my right hon. and learned Friend agree that when members of the public bring cases on a matter of this importance against the Government in Northern Ireland and in England and Wales and there are conflicting decisions, our Government have no alternative whatsoever but to pursue this matter to the Supreme Court?

[The Attorney General]

I do agree. It is important that the Supreme Court resolved this matter and gave us clarity on what should now happen, and it is now for Parliament to decide what to do next—and I am pleased to see that last night Parliament began to answer the question it had been posed.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 27th October 2016 Commons Chamber

[The Attorney General]

My hon. Friend will know that as a party we have a manifesto commitment to extend the unduly lenient sentence scheme. A number of offences are surprisingly not included in the scheme at the moment. We need to look carefully at the whole range of criminal offences to decide what should be inside and what should be outside the scheme, but he certainly makes a good case for the types of offences we might consider including in the future.

[Mr David Nuttall (Bury North) (Con)]

Given that the need for an unduly lenient sentence scheme has been conceded, the public are very confused as to why some offences are covered and some are not. Would it not be simpler to have a scheme that covered all offences?

[The Attorney General]

My hon. Friend makes a tempting proposition to give my office a good deal more work. There is no doubt that one of the advantages of the unduly lenient sentence scheme is that it is available to the public. It does not require the intervention of lawyers and it is, I hope, easy for the public to access. It should also be easy for the public to understand, and I am therefore in favour of drawing the line between cases within the scheme and those outside in a logical and easily understandable place. I would also say that it is important to bear it in mind that, even with an extended version of the scheme, we are talking about a very small minority of cases where judges err in this way. As I said, last year 102 cases were considered under the scheme to be unduly lenient. That is out of about 80,000 sentences passed in the Crown courts that year.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 21st July 2016 Commons Chamber

[The Attorney General]

I can assist my hon. Friend and his constituents to this extent. Article 50 is article 50 of the treaty on European Union and therefore copies of it are kept in all sorts of places. I am not sure whether there is one in my desk, but what it says is:

“A Member State which decides to withdraw shall notify the European Council of its intention.”

As I have said, it will be for the UK Government to do that at a time of their choosing.

[Mr David Nuttall (Bury North) (Con)]

I am quite happy with the Government consulting the devolved Administrations, but what concerns me is that we do not finish up being held to ransom by the Scottish nationalists. Whatever the Government try to do, they will never be able to satisfy the Scottish nationalists. Can the Attorney General please reassure me and my constituents, who voted overwhelmingly to leave the European Union, that their wishes will not be frustrated by the Scottish National party?

[The Attorney General]

The Prime Minister has been very clear that the United Kingdom will leave the European Union, and that means all of the United Kingdom, but, as I said earlier, it is very important that in the process of exiting the European Union all parts of the United Kingdom have an opportunity to contribute to the negotiations in which we will engage. That is the spirit in which the UK Government will approach this process.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 14th April 2016 Commons Chamber

[The Attorney General]

I have just quoted the remarks of Professor Wyatt when he gave evidence in the other place. There is no doubt that considerable time and effort would be required in those circumstances. Of course it is difficult to be specific, because it would rather depend on what alternative arrangements were sought, post-departure from the European Union. The hon. Gentleman is right to say the onus is on those who wish to leave to explain what the world would be like if we did so.

[Mr David Nuttall (Bury North) (Con)]

This is very simple to explain. What it would mean is that this Parliament and our courts would take back control of our human rights legislation. It is a simple matter. Does the Attorney General agree?

[The Attorney General]

The human rights laws within European law are extremely limited. The charter of fundamental rights within the European Union law canon does not create new rights and, as my hon. Friend knows, the European convention on human rights is a separate institution. He is wrong to suggest that this would be simple in any way; it would be extraordinarily complicated and take a very long time.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 14th January 2016 Commons Chamber

[The Attorney General]

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.

[Mr David Nuttall (Bury North) (Con)]

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?

[The Attorney General]

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.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 26th November 2015 Commons Chamber

[Mr Speaker]

That is extremely helpful, but I have concluded over a period that prolixity and lawyers are inseparable.

[Mr David Nuttall (Bury North) (Con)]

Can my right hon. and learned Friend confirm that, if we repealed the Human Rights Act—and even if we withdrew from the European convention on human rights—there is no provision whatever in the statute of the Council of Europe that would automatically force the United Kingdom to leave the Council of Europe?

[The Attorney General]

We will be discussing with our fellow members of the Council of Europe how we might reach a better settlement in relation to the Strasbourg Court’s jurisprudence. In those discussions, I fully expect that other members of the Council of Europe will wish us to remain within the organisation.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Thursday 15th October 2015 Commons Chamber

[The Attorney General]

My hon. Friend is entirely right that the quality of the judiciary matters hugely, in Strasbourg and elsewhere. As he has heard me say, we share confidence in the quality of the British judiciary, and I hope very much that one of those excellent judges will be prepared to serve in Strasbourg so that our point of view can be clearly represented.

[Mr David Nuttall (Bury North) (Con)]

Does the Attorney General agree that the most convincing argument as to why this Government must press ahead with this move as quickly as possible is set out on page 60 of the Conservative party manifesto? It states:

“The next Conservative Government will scrap the Human Rights Act, and introduce a British Bill of Rights.”

Some 11.3 million people voted for that and they will expect it to be carried out quickly.

[The Attorney General]

My hon. Friend will know that I share his enthusiasm for this reform, and I stood on that manifesto, too, and believe in it. But it is important also to make sure that we get this reform right and that we have the details worked out before we announce what we wish to do. There will of course also be an opportunity for all Members of this House to comment on what is proposed, because I know that the Justice Secretary intends to consult on the matter.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Tuesday 1st July 2014 Commons Chamber

[Jeremy Wright]

On the last point, we are in favour of all process improvements we can make, starting at sentence and working on through the system. The right hon. Gentleman is right that we face many difficulties. One of the most significant that we have discovered is that individual prisoners make legal challenges to deportation and transfer, many of which are based on human rights legislation. We therefore need to look again at that legislation to determine what we might be able to do to move things along more quickly.

The right hon. Gentleman will know that the Immigration Act 2014 gives us more opportunities to do that. It restricts the number of challenges individual foreign national offenders have and ensures that in some cases they can register their appeal and have it dealt with after being deported, not before. There are a number of measures that we can pursue.

[Mr Nuttall]

My constituents in Bury, Ramsbottom and Tottington will be pleased to hear of the action the Minister has taken, but with one in eight prisoners a convicted foreign criminal we still need to do a lot more, particularly about those prisoners who refuse to be returned because of human rights claims. What more can be done to get robbers, rapist and murderers, who have shown no respect for the rights of their victims, returned to their home country without claiming that their own human rights are being violated?

[Jeremy Wright]

I agree with my hon. Friend. It is important to look at what the Immigration Act will do. It will enable a better balance between the interests of the general public and the interests of the individual who is claiming, for example, that they have a right to a private and family life under article 8 of the European convention on human rights. As I said a moment ago, the Act will also restrict the number of appeals that individual has. But I think we can do more, and, as he knows, if the country has a Conservative Government after the next general election we will see further changes to our human rights legislation.

Oral Answers to Questions

Debate between Jeremy Wright and David Nuttall

Tuesday 2nd July 2013 Commons Chamber

[Jeremy Wright]

It is important to recognise that the rate of mandatory drug testing producing a positive result has dropped considerably, from 25% or so in 1996-97 to about 7% now. So it is not that we are without success, but the hon. Gentleman is right to say that there is no cause for complacency. We do everything possible to prevent the influx of drugs into our prisons, but that is an extremely difficult exercise. It is important to attack demand as well as supply, and to make sure that prisoners come off drugs and stay off them.

[Mr David Nuttall (Bury North) (Con)]

I warmly welcome last week’s announcement of a new prison to be built in north Wales. Will the Minister undertake that from the moment the new prison opens it will be 100% free of illegal drugs?

[Jeremy Wright]

I suspect it would be unwise for me to make such a pledge, but we will make sure that in all our prisons we do everything we can to restrict the inflow of illegal drugs, by whatever means. As I said, we will also make sure that we provide the maximum effort to get prisoners off drugs and keep them that way.