Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(8 years ago)
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The Attorney General
I am sure that the hon. Gentleman will read the judgment carefully: it says that whereas the Sewel convention might be important politically, it is not a matter for the courts to enforce. That was perfectly properly for the Supreme Court to say. What respect the Sewel convention is given in political terms is of course not a matter for the court. The judgment made that clear.
Mr Speaker
The operative words are “public purse” and “fees”. Can we stick to that? It would be helpful.
Nick Thomas-Symonds (Torfaen) (Lab)
If the Government were genuinely motivated to spend this money by wanting a definitive answer from the courts on a constitutional question, why did they not thank the judges in the divisional court in November for such a clear answer, instead of being in a position where the Justice Secretary had to be pressured into giving a lukewarm defence of them?
Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(8 years, 9 months ago)
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The Attorney General
I am always amazed at the ingenuity of Scottish National party Members in asking the same question in a slightly different way every time we meet for parliamentary questions. As the hon. Lady knows, because she has previously heard the answer, the Human Rights Act 1998 is not a devolved matter but a reserved matter, and the whole United Kingdom Parliament will consider it when we bring forward proposals for change.
Richard Arkless (Dumfries and Galloway) (SNP)
I am genuinely mystified at our apparent ingenuity. Clearly, human rights are not listed in schedule 5. Schedule 5 is the exhaustive list of reservations, and human rights are not on it. What is the legal basis for the Attorney General’s assertion? Human rights are devolved to Scotland.
Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(9 years ago)
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The Attorney General
No. The position is this: Government Members, I am sure in common with the hon. Gentleman and his colleagues, will continue passionately to advocate the case for the protection of human rights both in this country and abroad. He is quite wrong to say that this Government, in common with their predecessors, do not challenge other states that have a doubtful human rights record—we continue to do that.
In relation to the Amnesty International report, I have a huge amount of respect for what Amnesty International does, but in this report it has, in my view, overstated its case just a little. It is not the case, as I have said before and as the hon. Gentleman knows, that human rights and the Human Rights Act are the same thing. It is possible to protect human rights without the Human Rights Act—in fact better to do so—and that is what this Government intend to do.
Mr Speaker
Can we please speed up? I want to get to the hon. Member for Filton and Bradley Stoke (Jack Lopresti), who is the last questioner, and progress is frankly too slow.
Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(9 years, 1 month ago)
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Deidre Brock
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?
The Attorney General
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.
The Attorney General
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.
Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(9 years, 3 months ago)
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The Attorney General
Again, it is important to be clear about what we are talking about. There is a distinction to be made between the Human Rights Act, which we fully intend to get rid of, and the convention, which we do not intend to leave unless we have to. We must do something to ensure that decisions on, for example, who has the franchise in British elections are taken by this House and not by the Court in Strasbourg. Those are the decisions we need to do something about. Of course this country will remain committed to human rights, with or without the Human Rights Act.
I must also point out to the hon. Lady that the Conservative party, in government, has been responsible not only for reducing the length of pre-charge detention to 28 days and for abolishing identity cards—both in response to illiberal measures passed by a Labour Government—but for introducing the Modern Slavery Act 2015 and many other things that clearly demonstrate our commitment to human rights.
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?
Oral Answers to Questions
Debate between Jeremy Wright and John Bercow(9 years, 7 months ago)
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The Attorney General
I am grateful to the hon. Gentleman for his opening remarks, but I shall start with his last point. On the upcoming spending round, he will understand that my hon. and learned Friend the Solicitor General and I will do our very best to make sure that the CPS receives the funding it needs. We should pay tribute to the way in which the CPS has made necessary savings and still maintained a good service on the front line.
On the hon. Gentleman’s first point, he knows that it would be wholly wrong for me to say anything at all about the individual case of the noble Lord Janner. In any event, it would not be right for me to do so because, as the hon. Gentleman knows, the protocols for Law Officers are clear: we are not engaged in the detail of any potential prosecution against a parliamentarian.
Let me say this as a more general point: it is vital that our system has independent prosecutors—prosecutors who are independent of us as politicians—who make these difficult judgments. We should stand behind them when they do so, and the victims’ right to review, which the hon. and learned Member for Holborn and St Pancras introduced during his time as DPP, is a positive step to enable victims to challenge those decisions and, where appropriate, for those decisions to be changed. It seems to me that that system worked as it was designed to work in this case.
Mr Speaker
Order. Owing to an administrative error, the numbering of the questions to the Minister for Women and Equalities continues from the questions to the Attorney General, so we begin with Question 14.