Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Joanna Cherry Excerpts
Tuesday 23rd January 2018

(6 years, 3 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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I thank my hon. Friend. Given that the last Lord Chancellor from Ipswich was Cardinal Wolsey, who ran into some difficulties in negotiations with a powerful European supranational body, I should tread carefully. It is important that in our negotiations we try as best we can to provide the certainty my hon. Friend seeks.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I welcome the new Secretary of State for Justice to his place. Sir David Edward, a distinguished former judge in Scotland and at the European Court of Justice, has said that so far

“the UK Government has overlooked the significance of the separate Scottish legal system, the Scottish judicial system and the Scottish prosecution system in relation to justice and home affairs issues”

in their negotiations with the EU. Will the new Secretary of State undertake to meet me to discuss how those oversights might be rectified?

David Gauke Portrait Mr Gauke
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I am not sure that I would accept the hon. and learned Lady’s characterisation of the position as one of oversight. I made it clear in the very first answer I gave in this role that I fully appreciate that Scotland had a distinct legal system. However, I would certainly be delighted to discuss the matter with her further.

Joanna Cherry Portrait Joanna Cherry
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I am grateful to the Secretary of State for agreeing to meet me, but that was not my characterisation; it was the characterisation of a senior judge in the Scottish courts and in the Court of Justice. The judge went on to describe the UK Government’s paper on enforcement and dispute resolution as

“an undergraduate essay which would have failed”.

He says that those who are writing the papers are not aware of the problems posed by the separate Scottish legal system and that they do not want to hear from the experts who have offered to help. This is a serious problem. Will the Secretary of State, in his new role, undertake to listen to those who know about the Scottish legal system and to take on board their concerns in his negotiations on these matters?

David Gauke Portrait Mr Gauke
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I want to ensure that we end up in a position that is good for the legal system and legal services in every part of the United Kingdom. That certainly includes Scotland, and of course I will want to engage with representations and representatives from all parts of the United Kingdom to ensure that we get the best possible deal.