Prison and Youth Custody Centre Safety

Joanna Cherry Excerpts

Wednesday 19th July 2017 Commons Chamber

[Dr Lee]

Yes, I am more than happy to consider rolling out that programme. There are positive schemes, and not only with regard to the diagnosis, treatment and management of autism; various sports clubs, rugby clubs and football clubs are also involved, such as Saracens at Feltham. The work they are doing and the evidence of its outcomes are all positive. That is why I am passionate about this: if we can get the management of autism and mental health right and broaden the curriculum so that more time is spent outside cells, I am convinced that we can change the behaviour and atmosphere in each prison and institution so that staff can feel safe while they are at work.

[Joanna Cherry (Edinburgh South West) (SNP)]

The combination of rising prisoner numbers and shrinking budgets is a major factor that affects the welfare of prison officers and prisoners. In that context, it is regrettable that the UK Government dropped prison reform from the Queen’s Speech and continue to cut budgets and staff numbers. In contrast, the Scottish National party Government in Scotland have continued to invest in modernising and improving the prison estate. They have also committed to significant penal reform, aimed at reducing reoffending by moving away from custodial sentences in favour of community sentences, which have been proven to be better for rehabilitation. Does the Minister agree that he should follow the Scottish Government’s example and concentrate his efforts on schemes that will reduce prison numbers and overcrowding, thereby reducing pressure on prison officers and prisoners?

[Dr Lee]

Yes, intellectually I agree with the hon. and learned Lady that it would make life a lot easier if we could reduce the prison population, and I know that the Secretary of State agrees with that position. The difficulty is the constant balance with the justice issue: if people have committed crimes, they have to serve the time. The question is where they serve that time. I am responsible for women’s justice, on which a strategy is coming out by the end of the year. I very much want that strategy to concentrate on the provision of community sentences and for us to move to that model of prison—in future years it could be rolled out to the adult male estate, but I am just looking at the female estate. I think that we can learn a lot from where we hold people when they are serving their time. I am going to Scotland in the autumn and am looking forward to seeing a few programmes up there, because I gather that some good work is being done.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 25th April 2017 Commons Chamber

[Sir Oliver Heald]

I spent about 18 months on the Joint Committee looking at reform of the House of Lords in the last Parliament, and we took legal advice on every possible issue. If the hon. Gentleman would like to read the proceedings, he will enjoy them.

[Joanna Cherry (Edinburgh South West) (SNP)]

rose—

[Mr Speaker]

Order. Even though the hon. and learned Lady is a very distinguished lawyer, I shall still appeal to her for reasonable brevity.

[Joanna Cherry]

Earlier this month, when I met UN officials in New York to discuss human rights issues, they were appalled to hear that the British Prime Minister had said that at the next general election she would be campaigning to withdraw the United Kingdom from the European convention on human rights. Can I take what the Minister said previously as a guarantee that this abhorrent commitment to withdraw from the European convention on human rights will not be in the Tory party manifesto for 8 June?

[Sir Oliver Heald]

That was a good try, but I am afraid that I am not going to be launching the manifesto here at Justice questions. The hon. and learned Lady will have heard my earlier answer.

[Joanna Cherry]

Article 8 of the European convention on human rights guarantees the right to respect for family and private life. The Equality and Human Rights Commission has written to the Government saying that the controversial rape clause raises serious issues under article 8. Can we assume from the Government’s insistence on proceeding with the rape clause that article 8 covers one of the rights guaranteed by the ECHR that they find inconvenient?

[Sir Oliver Heald]

The Government are committed to supporting victims of rape and domestic abuse. This approach is crucial to protect women who face very difficult circumstances, and that is what the Government have been doing through the reforms to which the hon. and learned Lady refers. As part of these reforms, we have made sure that victims are able to use third sector professionals to endorse their claim while they receive support to help them to cope and recover. No Government have a better record on helping victims.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 7th March 2017 Commons Chamber

[Sir Oliver Heald]

I do agree with that, but with the caveat that we are changing the way in which the justice system works, so that it is simpler and more accessible. We are also using modern technology. We should look at how legal support dovetails with all that. So, yes—but we are moving forward with our plans.

[Joanna Cherry (Edinburgh South West) (SNP)]

In a report called “Cuts that hurt”, Amnesty International highlights the devastating impact of legal aid cuts on vulnerable groups in England. Amnesty concluded that the cuts had decimated access to justice. What steps is the Minister taking to review the impact of the Government’s cuts to legal aid in England and Wales?

[Sir Oliver Heald]

When I addressed the all-party parliamentary group on legal aid, I was pleased to meet members of Amnesty International to discuss their concerns about particular areas of law. We have announced our timetable for the review of the Legal Aid Sentencing and Punishment of Offenders Act 2012, which involves delivering a full memorandum to the Justice Committee by May and holding a full review going through into early next year, at which point there will be a Green Paper on legal support.

[Joanna Cherry]

Since 2013, legal aid funding has not been available in England and Wales for many immigration cases, including family reunion cases. Unaccompanied or separated children making applications to stay in the UK have to do so on their own, without legal assistance. Given Amnesty’s findings, will the Minister follow the example of the Scottish Government and provide legal advice and assistance to vulnerable individuals such as those children, who have to navigate a very complex immigration system?

[Mr Speaker]

Justice questions would be a lot shorter if we did not have quite so many lawyers. They are very clever and eloquent, but they do take up a lot of the time.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right. This is a vital issue for our fantastic legal services profession—four of the top 10 international law firms are headed in the UK. I said this week at a joint meeting with the Lord Chief Justice and members of the legal profession that mutual enforcement of judgments will be a key part of our Brexit negotiations.

[Joanna Cherry (Edinburgh South West) (SNP)]

Civil and criminal justice are devolved to the Scottish Parliament. Does the Secretary of State for Justice agree with the conclusions of the first report of the Exiting the European Union Committee that the great repeal Bill must be dealt with in a way consistent with the existing devolution settlement, and does she accept, therefore, that the legislative consent of the Scottish Parliament to the great repeal Bill will be required?

[Elizabeth Truss]

I look forward to meeting the hon. and learned Lady to discuss the issues of the devolved Parliament. The Prime Minister has been clear that she wants to strike a bespoke Brexit deal that works for the whole UK.

[Joanna Cherry]

Because civil and criminal justice are devolved, the triggering of article 50 will have major implications for the rights and freedoms of people in Scotland. Does the Secretary of State accept, therefore, that the Sewel convention will be engaged, and does she agree with the Supreme Court’s judgment this morning that the Sewel convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislature?

[Elizabeth Truss]

As I said, the Prime Minister and the Secretary of State for Exiting the EU are working closely with the Scottish Government, and the Government have been clear that they will respect the decision of the Court this morning.

Domestic Violence Victims: Cross-Examination

Joanna Cherry Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

As my right hon. Friend rightly says, this is a long-standing issue but one that has now become urgent—the cries for help from judges and others have become more urgent—and that is why the Government are tackling it. It is necessary to find a way to prevent litigants in person from using proceedings to continue the abuse, and that is what we aim to do.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I welcome the Justice Secretary’s emergency review and stress how important it is that we all focus, across the UK, on how to prevent the perpetrators of domestic abuse from using the processes of the justice system to re-victimise the survivors of domestic abuse? In Scotland, the Government are engaged in a significant overhaul of the justice system, ahead of the introduction of new legislation on an all-encompassing offence of domestic abuse that will include all forms of coercive behaviour, but in Scotland legal aid is widely available in both criminal and civil cases. In England and Wales, cuts to legal aid mean that 80% of family cases now see at least one party without a lawyer, while in 60% of cases in the family courts neither party has one. In addition, victims of domestic abuse can only access legal aid in England and Wales if they cross a threshold test that has already been found to be too restrictive in a judicial review case. In addition to this important review, we therefore need a review of the criteria for access to legal aid for victims and survivors of domestic abuse. When will the Government commit to such a review?

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. As I said last month, the Supreme Court justices are people of great integrity and impartiality.

[Joanna Cherry (Edinburgh South West) (SNP)]

In response to the constitutional change brought about by devolution, the renowned international jurist, the late Professor Sir Neil MacCormick, stressed the importance of the principles that justified judicial independence and the concept of the separation of powers. As the United Kingdom once more faces major constitutional change after the EU referendum, will the Justice Secretary join me in reaffirming the importance of those principles?

[Elizabeth Truss]

I absolutely will. The independence of the judiciary is a vital part of our free society, as is our free press. Both those things are important. We have seen over the last months that we have a robust independent judiciary and a robust free press, which I look forward to discussing with the hon. and learned Lady very soon.

[Joanna Cherry]

In recent years, it has become commonplace for some Conservative Members to deprecate the judges of the European Court of Justice and the European Court of Human Rights simply for doing their job. Does the Lord Chancellor agree that such scant respect for the rule of law has encouraged a climate in which a major tabloid, which I believe some people call a newspaper, thinks it is appropriate to describe justices of our own Supreme Court as “enemies of the people”?

[Elizabeth Truss]

I have been very clear that the independence of the judiciary is a vital part of our rule of law. As my right hon. and learned Friend the Minister for Courts and Justice has just said, it is important for the UK that British courts make those decisions, and that is precisely what we are going to achieve.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 1st November 2016 Commons Chamber

[Sir Oliver Heald]

Lord Justice Briggs has prepared a report that has been not only revolutionary, but extremely helpful in the modernisation process, and I pay tribute to his work. We do intend to introduce a new online procedure for lower-value civil money claims. This procedure will be a mix of new technology, conciliation and judicial resolution, and will provide a simple dispute resolution process. We intend also to create a new rules committee to design the simpler rules this will require.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister says that the Government take a “markedly different” view on tribunal fees from my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). However, when the Justice Committee published its review of court and tribunal fees earlier this year, its excellent chairperson, the hon. Member for Bromley and Chislehurst (Robert Neill)—a Government Back Bencher—stated:

“Where there is conflict between the objectives of achieving full cost recovery and preserving access to justice, the latter must prevail.”

Does the Minister agree with that statement?

[Sir Oliver Heald]

Yes, and I pay tribute to my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) for the work that he does, chairing the Committee so ably. There is no question but that we do need a mitigation system, as we have for fees, but having said that I welcome the Justice Committee’s report, which goes into a wide range of issues and we will respond to it shortly.

[Joanna Cherry]

Employment tribunal fees are an additional pressure on people who have been relieved of their employment in inappropriate circumstances, and they create a very real restriction on access to justice for those who are vulnerable. The group Maternity Action has said that, since the introduction of employment tribunal fees, there has been a 40% drop in claims for pregnancy-related detriment or dismissal. Why do the Government not follow the example of the Scottish Government and commit to scrapping employment tribunal fees?

Sexual Offences (Pardons Etc) Bill

Joanna Cherry Excerpts

Friday 21st October 2016 Commons Chamber

[Craig Williams]

I have been paying tribute to the tone of the debate, although things seem to be going downhill. What my constituents want is justice and real action, not just words. We can debate rhetoric and words all we want, but my constituents put me here to get justice, and quickly—and yesterday’s agreement to the amendment is the quickest way to achieve that.

I have quietly trod around the issue of this being an England and Wales Bill and my wanting to see the same justice in Scotland. It is okay for SNP Members to question us on rhetoric and action, even though we agree with most of what is being proposed—we are actually changing something—but the Scottish Government need to go at pace as well. I am not going to sit here and take a lot of abuse on this issue when we are debating real action and the Scottish Government, I am afraid, are being quite slow.

[Joanna Cherry]

Is the hon. Gentleman aware that last year the ILGA—the international lesbian, gay, bisexual, trans and intersex association, an international human rights organisation—named Scotland as the best country in Europe in which to be gay, lesbian, bisexual or transgender? Will he take from that an assurance that the Scottish Government have these matters very much at the forefront of their mind?

[Craig Williams]

Of course I welcome that, and I hope that the United Kingdom as well as Scotland is seen in that vein around the world, and in respect of every community. I have pleasure in acknowledging Scotland’s achievement, but when you have been in government a while, as the SNP have in Scotland, you have to prove things with actions as well as words. You cannot just look to awards that you have been presented; you will be judged according to the legislation you put through and what has happened. [Interruption.] The fact that hon. Members are quoting political slogans—

--- Later in debate ---

[Joanna Cherry]

It is a matter of regret that the law did not change in Scotland until 1981, but the hon. Gentleman will be aware that for many years prior to that the Crown Office had a policy of not prosecuting these offences.

[Jeremy Quin]

I was not aware, and I am grateful to be informed. It did seem extraordinary, and am pleased to hear that that was the case, although I know that the hon. and learned Lady will think that symbolism is also very important.

That it took so long is an indictment in itself, but the laws passed in here in ’67 started a long process that continued in 2015 with the Government’s welcome removal, in the Armed Forces Act 2016, of homosexuality as a ground for discharging a member of the armed forces. Changes in legislation, I hope and believe, have not only reflected a changing mood in the British people but, as the hon. Member for Central Ayrshire said, helped to reinforce and lead a change in mood—a profound change for the better.

By background, I am a historian, if a much less professional one than some of those who grace the Benches on both sides of this House. I would like to say that studying British history produces nothing other than a cosy Whiggite reassurance of the inevitable progress of a great nation, with improvements in economic, social and welfare provisions, a shift in sensibility, a growing liberal acceptance of our differences, and the humane adaption of the law—well, up to a point. However, no one can read social history and not be appalled by the attitudes of our forebears so often entrenched in laws passed by this House. Nowhere is historic injustice more apparent than in the attitude that in every aspect of life, the state had a role, and indeed an obligation, to legislate for personal morality—an attitude that Wolfenden had to fight to change. That had direct inhumane consequences, such as the offences under discussion this morning, as well as indirect victims, perhaps most poignantly those affected by the bastardy laws.

I was shocked by the speech of the hon. Member for Rhondda (Chris Bryant). I was shocked not only by the fact that he was once a Conservative—that was a welcome revelation—but by what he said about Neville Chamberlain, whom I had always rather admired. Neville Chamberlain was the person who came to this House in 1920 with legislation, which was challenging at the time, to reform the Bastardy Acts. The fact that he took the inhumane step of attacking his own Back Benchers for being homosexual shocks me, and it was a case of double standards.

We can wonder what our predecessors were thinking, but it is perhaps more sobering to consider what our successors might think of us. The historical events that we are discussing lead to a genuine and difficult dilemma. It is the role of this House to overturn injustice, to condemn bad laws and to lead the way against prejudice, but my fear in the past has been that to attempt to address all the wrongs would be an all-encompassing and overwhelming burden for the House. Focusing too much on redressing the problems of the old might prevent us from being a forward-looking Chamber doing what is needful to build a modern country. [Hon. Members: “Hear, hear.”] Hon. Members may be disappointed by what I say next. I had hoped that for those convicted of an historical offence, although it would not heal the pain of conviction or have a practical impact on the experience of having a criminal record, the knowledge that Parliament had abolished the offences would provide some succour. Two things have persuaded me that that is insufficient, however.

The first thing that has persuaded me is the Protection of Freedoms Act 2012. I recognise fully that no matter how antediluvian the legislation under which an individual was convicted, a proper process is required through which the historical record should be amended. The second thing is the royal pardon granted to Alan Turing in 2013 by Her Majesty the Queen. That royal pardon was said at the time to be an exceptional case for a truly exceptional man, and no one could disagree. Here was a man who could lay claim to being one of the founders of the modern technical age, and whose actions may well have shortened the war by two years, saving many lives—I had written tens, if not hundreds, of thousands of lives, but the hon. Member for Central Ayrshire has raised the stakes considerably and I have no reason to challenge the millions to which she referred. And yet the state that Mr Turing served so well confronted him with the choice of jail or chemical castration—a choice that, as the hon. Member for Neath (Christina Rees) pointed out, may well have led to his tragic early death.

The royal pardon—a pardon I fully endorse—gives rise to an obvious dilemma. Many hundreds of exceptional men were convicted of similar offences, as were more men who were not exceptional; they were normal, average people going about their lives. How can one be pardoned and not the rest? It is one thing to say to anyone convicted of an offence that they have been subject to grievous historical injustice but they are not alone, for they are in honoured company, but as soon as we start removing the honoured company because they are somehow special, the argument falls. It was right and proper to recognise the injustice done to Alan Turing, so it must be right and proper to recognise the injustice done to others.

I was, therefore, pleased that the manifesto on which I stood—I was going to quote it, but my hon. Friend the Member for Mid Worcestershire has already done so—made it clear that the Conservative party stood full square behind the principle of seeking reform in this area. I welcome the fact that that commitment is being made real in the other place with amendments tabled in Committee to the Policing and Crime Bill by the noble Lord Sharkey. The Government support those amendments, which substantially reproduce clauses 3(2)(c) and 3(3) of the Bill we are debating by amending the 2012 Act.

I am delighted that whether or not this Bill makes it on to the statute book, we will have the benefit of belt and braces. Some good will come of this debate. I again congratulate the hon. Member for East Dunbartonshire on introducing the Bill. It is generous of him to use his slot to introduce legislation that would have an impact only on England and Wales, and which would therefore be less likely to have an impact on his constituents. That speaks volumes about his commitment to and passion for the subject.

I understand that, however well-intentioned the Bill, the Government believe it suffers from technical flaws and that in particular it may lead to pardons automatically being granted to individuals who committed acts that remain illegal. I appreciate that Bill’s proposer has attempted to address those concerns in clause 1 and clause 2(4)(c), which specifically state that offences will be excluded from the provisions of the Bill in the event that they remain an offence on the date that it becomes law. The Bill also makes clear the requirement for consent.

My understanding is that the Government’s concern that offences that would automatically be pardoned under the Bill may not have passed the tests required under the 2012 disregard provisions. I appreciate that the Government have a difficult path to walk and would not wish to send the wrong message from this place; I am sure that they would not wish to impugn those seeking a pardon because of some isolated cases. I appreciate that the Sharkey amendment, which itself could be amended in this place, may be a less symbolic or glamourous way of securing the changes that I believe nearly all of us want to see, but it may be the most effective. Having said that, the hon. Member for East Dunbartonshire produced a possible route for addressing the Government’s concerns in Committee. I look forward to the Minister’s winding up speech.

--- Later in debate ---

[Mike Weir]

rose—

[Joanna Cherry]

rose—

[Mr Gyimah]

I will take your interventions in a moment, but may I first develop my argument?

--- Later in debate ---

[Mr Gyimah]

That is very good advice, Madam Deputy Speaker. I would not want to drag you into this debate.

The Government will pardon those who tragically died before they ever saw this injustice tackled. In response to the hon. Member for Rhondda (Chris Bryant), who made a very passionate speech, it is a matter of deep regret that so many men went to their graves without the pardon they so rightly deserved. That is why we are so determined as a Government to deliver justice, as I have said, by the most swift and fair means possible. The Government will support Lord Sharkey’s amendment to the Protection of Freedoms Act 2012 through the Policing and Crime Bill. Lord Sharkey is a Liberal Democrat peer. He is no stooge of the Government—the days of coalition are long over—and, like many Members here, including the hon. Member for East Dunbartonshire, he has been campaigning for this measure for a very long time. I am pleased that he will be taking forward the Government’s measures on this.

I am also pleased that the measures have been widely welcomed. Nick Duffy, the editor of “PinkNews”, said:

“There is a whole discussion around semantics but the bigger issue, I think, is that men who are alive today now have the option to finally have it, on paper, that they didn’t do anything wrong, that these laws were a mistake and never should have been. It sends a message within our country that these laws were totally wrong, that we regret them, and that they should never have been on the books”.

David Isaac, the chair of the Equality and Human Rights Commission, has said of the Government’s approach:

“This is an important day for all those that have had criminal convictions through old unjust laws. Many people have campaigned for gay men to be pardoned after being prosecuted for being who they are and I applaud the government for fulfilling their commitment.”

Those are quotes from independent people who have been campaigning for these measures for a long time, and they recognise that the steps the Government are taking will deliver justice in a fast and fair way.

[Joanna Cherry]

The Minister said earlier that his objection to the Bill was that it gave out a blanket pardon that might cover unlawful conduct. May I give him comfort by telling him that that is not the case? Clause 1 states:

“Nothing in this Act is to be interpreted as pardoning, disregarding or in any other way affecting cautions, convictions, sentences or any other consequences of convictions or cautions for conduct or behaviour that is unlawful on the date that the Act comes into force.”

How could it be clearer? In addition, clause 2(4) states that the conditions for a pardon are that the other person must have consented and that they must not have been under the age of 16. Those provisions answer the Minister’s concerns. Will he have the decency to admit that the Government are wrong about this, and that the Bill tackles the issues that he is raising?

[Mr Gyimah]

The truth is that the offence of which these men were convicted was gross indecency, which covered a whole range of criminal offences. The blanket pardon will cover everyone who was convicted of gross indecency.

[Joanna Cherry]

Will the Minister give way?

Sexual Offences (Pardons Etc) Bill

Joanna Cherry Excerpts

2nd reading: House of Commons
Friday 21st October 2016 Commons Chamber

[Craig Whittaker]

I thank my hon. Friend for that clarification. He has taken two paragraphs out of my speech. One reason why I cannot support this private Member’s Bill is that, despite what the hon. Member for East Dunbartonshire (John Nicolson) claims, I do not believe that it is watertight. People could claim to have been cleared of certain offences when in fact those offences are still crimes. Such offences include having sex with a minor and non-consensual sexual activity.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am sure that the hon. Gentleman prepared for the debate today by reading the Bill. He will be aware that clause 1, which sets out the effect of the legislation, states:

“Nothing in this Act is to be interpreted as pardoning, disregarding or in any other way affecting cautions, convictions, sentences or any other consequences of convictions or cautions for conduct or behaviour that is unlawful on the date that the Act comes into force.”

What is unclear about that?

[Craig Whittaker]

I hear clearly what the hon. and learned Lady says, but my big concern is: how do we physically put that through a due diligence process? The disregard process will do just that. I have already said there are a lot of men who clearly should be pardoned, and that there should be a process for doing that, but how do we physically check the process? The disregard process is there for that exact purpose.

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right: human rights were not invented in 1998 with the Human Rights Act. We have a strong record, as a country, of human rights, dating back to Magna Carta, and the British Bill of Rights is going to be the next step in enshrining those rights in our laws.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I welcome the Secretary of State to her new role and say that while, of course, it is not a prerequisite for the person in her role to be a lawyer, she will no doubt wish to listen carefully to any legal advice she receives about any proposals to reform the law?

There is almost universal opposition to the repeal of the Human Rights Act in Scotland; this is reflected in the Scottish Parliament and across Scottish civic society. On 11 August, I wrote to the UK Government seeking clarification of their plans for so-called reform of the Human Rights Act, following press reports. I have yet to receive a substantive response. At what stage in her plans will the Secretary of State seek to consult the Scottish Government, and can she confirm that she will listen to and respect their answer?

[Elizabeth Truss]

I have already had a number of legal meetings about this issue, and I am sure I will enjoy working with the legal profession in my role. The Prime Minister has already had a very good meeting with the First Minister of Scotland. I will be meeting the Scottish Justice Minister shortly to discuss a number of issues.

[Joanna Cherry]

rose—

[Mr Speaker]

Order. I do apologise; I had not realised that the hon. and learned Lady wanted a second bite of herself.

[Joanna Cherry]

I was rather hoping to have a second bite of Her Majesty’s Government, Mr Speaker.

If the Secretary of State has been having legal meetings about the Human Rights Act, she will have been advised that human rights are not a reserved matter and that therefore the Scottish Parliament must be consulted regarding any legislation with regard to human rights. During the independence referendum, Scotland was told that it was an equal partner in this Union. Does she appreciate that to proceed with repeal of the Human Rights Act across the UK would fly in the face of that promise and exacerbate the democratic deficit that already exists in Scotland, where a Tory Government we did not vote for are planning to take us out of the European Union against our will?

[Elizabeth Truss]

I would point out that this was in the Conservative party manifesto and we secured a majority at the general election. As I said, I will be in touch with the Scottish Justice Minister; I look forward to talking to him about this subject.