Oral Answers to Questions

Debate between Joanna Cherry and James Cartlidge

Monday 20th May 2024 Commons Chamber

[James Cartlidge]

The debate we have been having is about investment. We put in an additional £400 million, which means that we have been able to overhaul thousands of properties, performing upgrades to deal with damp and mould and putting in new heating systems. That costs money. Our commitment to 2.5% means that we will get an extra £4 billion over the next decade. Armed forces personnel know that Labour cannot possibly deliver that, because it will not match our commitment to 2.5%.

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

7. What assessment he has made of the adequacy of the UK’s defensive capacity in the North sea.

Non-domestic Energy Support

Debate between Joanna Cherry and James Cartlidge

Monday 9th January 2023 Commons Chamber

[James Cartlidge]

My hon. Friend makes an important point. The first part of my answer may disappoint him, but I want to be clear. The additional support, particularly for manufacturing, is not just about energy intensity but trade intensity. There are two measures that determine if sectors are entitled to support: whether they are above the 80th percentile for energy intensity and the 60th percentile for trade intensity. So, it may be that the sector does not fit in that category. But that is why—I appreciate the support is less generous, but it is still significant—alongside the additional support for the intensive users, there will still be a universal scheme offering a discount from April this year to March next year.

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

A much-loved institution in my constituency, Gorgie city farm, is facing closure. Its energy bills for 18 months were previously £17,000, but its last bill for just eight months was £27,000—an increase of over 300%. Can the Minister not see that what he is offering is a drop in the ocean for charities like Gorgie city farm? How does he expect fantastic community institutions, such as the city farm in my constituency, to survive crippling costs when what is on offer is such a drastically reduced package?

[James Cartlidge]

I am grateful to the hon. and learned Lady for mentioning the charity in her constituency. As I said, I appreciate that the energy increase has been a challenge for every type of SME, charity and institution up and down the country. I am sorry to hear about the challenges for Gorgie city farm, which I have not had the pleasure of visiting but it sounds fascinating. Charities have shown huge resilience over the past two years and will continue to receive support with their energy bills from the latest iteration of the discount scheme. I emphasise that there is wider support to help them with their costs, including a reduction in VAT from 20% to 5% and an exclusion from the main rates of the climate change levy on some of the energy they use. The key point is that we are announcing a scheme that is still universal in nature and still includes charities. It is not as generous as before, but when we engaged with stakeholders about the £18 billion six-month scheme, what was interesting was the number of them who remarked that they had not expected that scheme to continue at that level of generosity. They could see the issue about sustainability for the taxpayer, which we all have to understand and address. It is in all our interests, and in the interests of every single business and charity, that this country has sustainable public finances.

Judicial Review and Courts Bill

Debate between Joanna Cherry and James Cartlidge

Report stage
Tuesday 25th January 2022 Commons Chamber

[James Cartlidge]

I beg to move, That the Bill be now read the Third time.

The Bill has received careful and sometimes impassioned scrutiny from Members on both sides of the House, and I thank all hon. and right hon. Members who have contributed. Were I to summarise the Bill in a nutshell, I would say that its common thread was streamlining our courts, not least so that we can bear down on the backlog that has built up during the pandemic.

[Joanna Cherry]

The Minister says that the Bill has received careful scrutiny. Does he agree that it is unfortunate that this Bill, which seeks to limit the jurisdiction of the Court of Session in Scotland, to use his own words from his letter to me dated 11 November, has not received the scrutiny of the Scottish Parliament, within whose purview the jurisdiction of the Court of Session and judicial review lie?

[James Cartlidge]

I respect the hon. and learned Lady’s considerable expertise in these matters. I did write to her on that, and I think I answered that question earlier. We scrutinised the Bill in great detail in Committee, but I accept the strength of her view on that point.

Part 1 of the Bill strengthens judicial review, ensuring that it continues to serve justice and good public administration. This would not have been possible without Lord Faulks and his panel, who produced an independent review of administrative law. Their thorough work in this area is of great importance and laid the foundations for the measures in the Bill. As it stands, the Bill delivers on commitments that we made ahead of the last general election. It offers more flexibility to judges and puts more tools in the judicial toolbox.

The reforms in part 2 modernise and improve aspects of the court and tribunal system. The measures support court and tribunal recovery, and deliver improvements to the criminal justice system and to coronial processes. They build on the lessons of the pandemic and will increase the efficiency, adaptability and resilience of our justice system.

Today we have also included provision in the Bill for a power to vary the maximum sentence that the magistrates court may give for a single triable-either-way offence. This is part of our plan to extend the sentencing power of magistrates, so that we can keep more sentence hearings out of the Crown court, freeing up capacity to help us to tackle the backlog more quickly. That extension will help us to retain more cases in the magistrates courts, reducing the flow of cases into the Crown court, and will help to support recovery in the Crown court, where it is so important. It is estimated that it will save around 2,000 Crown court sitting days per year, which is the equivalent of 500 jury trials, allowing us to reduce the backlog more quickly.

I thank all hon. Members who contributed to debate on the Bill, particularly the members of the Bill Committee, during which time we made some clarificatory amendments to the Bill. I also thank the witnesses who joined us in Committee; the range of contributions from experts of considerable esteem greatly enriched our debates. Finally, it would be remiss of me not to thank the excellent officials from the Ministry of Justice, whose support has been invaluable throughout. I commend the Bill to the House.

Oral Answers to Questions

Debate between Joanna Cherry and James Cartlidge

Tuesday 9th November 2021 Commons Chamber

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

The Law Society of Scotland has explained in detail why clause 2 of the Judicial Review and Courts Bill requires the Scottish Parliament’s legislative consent—it is basically because judicial review is a devolved matter. When I raised that with the Minister on Second Reading, he said that he would write to me addressing the Law Society’s detailed arguments. When should I expect to receive that letter?

[James Cartlidge]

Without wishing to sound like one of the famous online shopping alerts that we receive by email, I confirm that it has been dispatched and that the hon. and learned Lady will receive it imminently.

Judicial Review and Courts Bill

Debate between Joanna Cherry and James Cartlidge

2nd reading
Tuesday 26th October 2021 Commons Chamber

[James Cartlidge]

They pulled it because they were going to get hammered in the House of Lords.

On Cart JR, the hon. Member for Bath (Wera Hobhouse) seemed to imply that somehow an ouster clause is fundamentally against the interests of holding Government to account. Every day that this place is sitting, hon. and right hon. Members will stand up and speak on behalf of their constituents on serious matters. I once spoke in a debate on the Adjournment—the one where our former colleague spoke many times. I spoke on a very serious case in my constituency of a very vulnerable man who had had a stroke and had, I felt, been let down by a company in my constituency. I was able to name that company in this House and hold it to account, as we all do. On what legal basis was I able to do that? It was article 9 of the Bill of Rights 1689—effectively a very ancient ouster clause that ensures that proceedings in this place are not subject to the courts, as you well know, Madam Deputy Speaker.

We all benefit from an ouster clause, and it helps us to hold the Government to account.

[Joanna Cherry]

It was generously suggested earlier that the Minister might respond to my query about the impact of clause 2 on the treaty of Union and the Scotland Act 1998. It is a slightly complicated point, but if I write to him about it, will he get back to me, because it is a really important point? If the Law Society of Scotland is right, the Bill needs a legislative consent motion.

[James Cartlidge]

I have to be honest with the hon. and learned Lady: it is very kind of her to ask me to write to her, because that is what I would have suggested in my answer anyway. Speaking to her earlier question, we do not think a legislative consent motion is needed, because the Cart judicial review only covers reserved matters.

Coming quickly on to the online procedures, these are incredibly important. I know from my own business—we started doing mortgages online in 2005—that those procedures we are used to doing face-to-face can be conducted online, provided there is good software and safeguards and support in place. I refer to the speech of my hon. Friend the Member for Crewe and Nantwich (Dr Mullan). He is a brilliant MP. He is my parents’ MP, and they tell me he is a fantastic campaigner. He asked, as did the hon. Member for Battersea (Marsha De Cordova), who was here earlier, what help would be provided for vulnerable users. I can assure my hon. Friend and the House that we take that incredibly seriously. With all these procedures that will be taking place online, or at least where there is an option to go online, there will be strong support and safeguards in place, in particular to protect vulnerable users. In those key choices of, for example, entering an early plea online, there would always be the option for the person concerned to ask for their case to be heard in the flesh in the traditional way.

I have a few final points. We had a number of other excellent speeches. My hon. Friend the Member for Aylesbury (Rob Butler) served as a magistrate before coming to this place. We are all proud of the excellent work of our voluntary judiciary. A number of my hon. Friends, including my Parliamentary Private Secretary, my hon. Friend the Member for Hertford and Stortford (Julie Marson), have been or are magistrates, as I assume have Opposition Members. I would love to meet them to talk about what more we can do to support magistrates. My hon. Friend the Member for Aylesbury praised the very important measures in the Bill, not least the measure that will ensure we can remit cases from the Crown court to the magistrates court. That is so important because it frees up time in the Crown court to hear those important criminal cases that are backlogged—the rapes, the murders and so on.

It is a great honour to be asked to become a Minister in the Department responsible for the world’s greatest justice system. It is so great is because of its fundamental core of the rule of law and the independence of the judiciary. If we are to sustain that system not just beyond covid recovery, but for the long term, we need to keep modernising our courts and to digitise and use technology as much as possible, while balancing that out with safeguards for the vulnerable. It is quite simple: with this Bill we can build back better and beat the backlog. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

Windrush

Debate between Joanna Cherry and James Cartlidge

Wednesday 2nd May 2018 Commons Chamber

[Joanna Cherry]

I am very grateful to you, Madam Deputy Speaker.

The evidence has been heard over a period of years by the Home Affairs Committee, the Exiting the European Union Committee, on which I sit, and the Scottish Affairs Committee. The weight of the evidence is that, in reality, immigrants are on average more likely to be in work, more likely to be better educated and more likely to be younger than the indigenous population. The overwhelming weight of the evidence heard by the Exiting the European Union Committee is that immigration is a net benefit to the United Kingdom. The director general of the CBI, no less—normally a great chum of those on the Conservative Benches—has called for an immigration policy that puts people first, not numbers. The CBI wants an evidence-based immigration policy, the Scottish Trades Union Council wants an evidence-based immigration policy and that is what the SNP wants.

In Scotland, historically our problem has been emigration—people leaving Scotland—rather than people coming into Scotland. By 2024—Madam Deputy Speaker, I guess we are both a part of the problem—the Scottish population is projected to grow by just 3.9%, as opposed to 7.5% in England. Some 90% of population growth in Scotland is projected to come from immigration. The time has come, in this review of immigration policy, to look seriously at the devolution of at least some powers over immigration to the Scottish Parliament, and to the English regions and Wales, to recognise the different requirements across the United Kingdom.

I know that these days we are, particularly those on the Conservative Benches, terribly inward-looking, but if we look outwards—

[James Cartlidge]

Will the hon. and learned Lady give way?