Prison Capacity

Lord Redwood Excerpts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

The right hon. Lady is right when she says it is important to try to reduce the period of time that people are waiting. I absolutely get that point, but in the interests of balance, it is equally important to note the following. More people are being prosecuted for rape than in 2010, and a higher proportion are being convicted; the sentences are a third longer, and defendants are spending a higher proportion of those sentences in custody; we have introduced reforms that mean that complainants can pre-record their evidence; we have rolled out over 800 independent sexual violence advisers to support people; we have created the offences of coercive and controlling behaviour and have stood up a 24/7 rape support helpline. All that we do and more.

I can tell hon. Members that compared with when I was prosecuting this stuff, the difference in the experience and the rights of victims of sexual violence is night and day. As I say, complainants now have the right to make pre-recorded evidence; they can have court familiarisation visits; and they have the right to an ISVA, to seek a redetermination in the event that the CPS decides to reduce a charge, and to make a victim personal statement. We do all this because we care passionately about wanting to support victims of sexual offences, and we will continue to do so.

[John Redwood (Wokingham) (Con)]

I strongly welcome the proposal to deport more foreign criminals, and I also support the idea of finding something better than prison for non-violent offenders. Will that include, wherever possible, their need to have a job legally and to pay compensation to those against whom they have committed fraud, theft and other financial crimes?

Ten-Year Drugs Strategy

Lord Redwood Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

The right hon. Gentleman puts his finger on one of the key issues. One of the issues that I have discussed with the police is that when we arrest people, they ought to be high-quality arrests of people who have unique skills, so that when they are taken out of circulation, specific damage is done to the business of drugs. I have likened it, in this festive season, to that Christmas cracker joke: “How do you kill a circus? Go for the juggler.” We need to make sure in each of these groups that the juggler is dealt with on a systemic basis, but key to doing that is following the money.

The right hon. Gentleman will be pleased to hear that, with the Minister for Security and Borders, my right hon. Friend the Member for East Hampshire (Damian Hinds), who is here on the Front Bench and leads on economic crime, we have an operation under way with the National Crime Agency called Project Plutus, which is about both intercepting that money and, critically, learning about the flows of money, within the UK—whether that is into property assets or elsewhere—and internationally. If we can cut the money flow, then the business itself becomes pointless and hopefully it will disappear.

[John Redwood (Wokingham) (Con)]

I strongly welcome the Minister’s plan and intent, and I wish him every success with it. On that money point, will he make it clear to the people making these big profits that the state will pursue them to take the money back?

[Kit Malthouse]

We absolutely will, and our plan contains an ambition to significantly increase the denial of assets to the criminal fraternity. We know that this business, if it is a business—a horrible business—is prosecuted for profit. It is all about the money, so if we can make it a low-return, high-risk business, we will deter a lot of people from getting involved.

Terrorist Incident at Liverpool Women’s Hospital

Lord Redwood Excerpts

Tuesday 16th November 2021 Commons Chamber

[Kit Malthouse]

I am grateful to the hon. Gentleman for his questions. As he knows, significant resources are available to our counter-terrorism policing colleagues and there have been significant extra resources over the past couple of years for Merseyside police, which I know and believe they will put into action in this case.

The hon. Gentleman asked a number of questions that invited me to speculate on some of the lessons that we may learn from this incident with regard to, for example, materials or, indeed, the motivation of the alleged attacker. At the moment, the police have said that none of that is yet clear. Once the investigations are complete, and we have the full picture of the individual’s activities online and offline and of his lifestyle and possible associates—we do not know yet—we will be able to learn some of the lessons for the future. And I join the hon. Gentleman in knowing that Liverpool will bind itself together, as the city has done so many times and will again.

[John Redwood (Wokingham) (Con)]

What action is the Home Office taking in its area of competence to review all the policies that could have a bearing on this and similar attacks? We would like reassurance that more could be done, as those are unacceptable.

[Kit Malthouse]

As hon. Members will know, the phenomenon of terrorism in the modern world is fast-moving and dynamic, so we must be, too. I reassure my right hon. Friend and the House that constant attention is paid to our ability to prevent these kinds of attacks, where we possibly can. He will know that, since 2017, counter-terrorism policing in its wider sense has prevented, I think, 31 attacks. We constantly learn lessons from incidents not just here in the UK, but around the world, so that we try to stay one step ahead in our preventive efforts. I can reassure him that constant attention is paid to refining what we do and getting better and better at it.

Private International Law (Implementation of Agreements) Bill [Lords]

Lord Redwood Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 2nd September 2020 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

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

Private international law might sound rather dry and technical—[Laughter.] I get ready assent from the hon. and learned Member for Edinburgh South West (Joanna Cherry)—but at its heart sit the lives of real people and the challenges they face when legal disputes arise in relation to cross-border matters. I am talking about people such as the parents who need to make arrangements in the best interests of their children when a relationship breaks down and one spouse moves abroad, or the small business left out of pocket by a supplier based in another country needing to seek redress in the courts.

Reciprocal private international law rules provide a framework to allow businesses in the United Kingdom, families and individuals to resolve these difficult and challenging situations. They help to avoid confusion for all parties by preventing multiple court cases taking place in different countries on the same subject and potentially reaching different conclusions. Such reciprocal rules also allow for the decisions of UK courts to be recognised and enforced across borders. All this helps to reduce cost and anxiety for the parties involved. It is vital, therefore, that in the future the UK can not only continue to co-operate on private international law matters with existing partners, but implement new agreements into our domestic law that are fit for the 21st century, and this Bill underpins our ambition to deliver real and tangible benefits for our country and our citizens both now and in the years to come.

I would also like to reassure right hon. and hon. Members that whilst private international law can support and underpin cross-border trade, the Bill is not about the implementation of free trade agreements. The terms on which trade between two countries take place are clearly outside the scope of the Bill.

During our membership of the EU, we helped to build, develop and refine an advanced framework of rules on private international law. On 31 January 2020 we marked the first time in more than 20 years that full competence in this area of law returned to the UK. It is important that we acknowledge this new reality and take appropriate steps, and those include ensuring that our statute book is fit for purpose. The Bill achieves this by reimplementing in domestic law three key private international law agreements in which we currently take part so that in future we do not need to rely on retained EU law as the main legal basis for our continued participation.

These three agreements are Hague conventions, adopted under the auspices of the Hague conference on private international law. The UK currently operates them due to our previous membership of the EU, but we will become an independent contracting party to them in our own right at the end of the transition period. Our continued membership of these agreements is widely supported by interested parties in the legal and finance sectors, and indeed by Members in this House and the other place. Clause 1 ensures that these important conventions can continue to operate effectively in the future by stating that they

“shall have the force of law in the United Kingdom”

from the end of the transition period, instead of relying upon retained EU law for their implementation domestically beyond then. This will make their implementation clearer and more straightforward for practitioners, litigants and, indeed, our international partners.

These three conventions cover distinct areas of private international law in the fields of commercial and family law. The 2005 Hague convention increases legal certainty in disputes that relate to cross-border commercial contracts, which include an exclusive choice of court clause. It does this by ensuring that there is no dispute over where a case should be heard and enables any resulting judgment to be recognised and enforced across borders.

These types of choice of court clause are common in high-value commercial contracts, but in family law we are also reimplementing two conventions that cover sensitive and important issues for individuals and families who become engaged in cross-border disputes when a relationship unfortunately breaks down. The 1996 Hague convention improves the protection of children in cross-border disputes and helps families to resolve issues such as residence of and contact with children whose parents live in different countries. Finally, the 2007 Hague convention provides for the recovery of child support and other forms of family maintenance across borders.

The Government made a number of minor and technical amendments in the other place, which received widespread support, to provide a clearer and simpler approach to the implementation of the transitional provisions relating to the 2005 and 2007 conventions. However, the reimplementation of the Hague conventions is only a measure for the status quo. We need to ensure that we are ready for the opportunities that will arise in the future.

I firmly believe that we must now seize that opportunity of regaining full competence in this area by building on our long and proud history in private international law and cementing our role in international forums, such as the Hague Conference, the Council of Europe, the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law. We have long been a world leader in this field, and we should aspire to remain so. While being justifiably proud of our achievements in this space thus far, to really harness our potential we need a legislative vehicle to be able to implement any new agreements successfully negotiated with our international partners.

[John Redwood (Wokingham) (Con)]

This is an extremely good, positive vision. Can my right hon. and learned Friend give one or two examples of the kind of reforms or improvements that he would be looking to make when we exercise our influence?

[Robert Buckland]

I am grateful to my right hon. Friend, who will share my strong belief in the success of the legal services sector both in England and Wales, and in Scotland, as well as in the Northern Ireland jurisdiction, and the importance of maximising the advantage that we have not just in our outstanding rule of law reputation, but our reputation as an international forum for the resolution of disputes. I can think in particular of issues related to arbitration and mediation, where important international conventions are being developed, where the United Kingdom not only needs to be part of it, but to be at the heart of it when it comes to improving not just the prospects for legal services, but the opportunities for the businesses and the citizens we serve.

--- Later in debate ---

[Sir Robert Neill]

He was indeed, and if the hon. Gentleman allows me to develop it, I will suggest a nuanced way around this. It is not to say that we should not have delegated powers, but that we should perhaps look again at the way in which they are cast. I do not think it would necessarily be needed to bring back clause 2, as it was before it was removed by the other House—and I understand Lord Chancellor’s point about not bringing in pre-emptive legislation—but there was some merit and a genuine concern to assist in the point made by my hon. Friend the Member for Huntingdon (Mr Djanogly) about putting the power on the face of the Bill with a provision to exercise it at such time as the application was approved. That might remove the sting from it.

I know that the Under-Secretary has examples of instances when delegated legislation is used to create criminal offences. Those of us who have much more experience in that field, as the Lord Chancellor and others have, know it happens. It is not an objection in principle, but it might be possible to redraw the provisions more tightly to make sure that that is not unduly widened. Perhaps there are things that can be done to speed up the process without bringing ourselves into what might be quite a significant conflict given the size of the majority by which clause 2 was rejected in the other place; I think it was 320 to 233, so it was not a marginal matter. I hope, therefore, if we are to ensure the swift passage of the Bill, which is the one thing that we absolutely must have for the sake of avoiding a lacuna on 31 December this year, perhaps some imagination can be given to how that potential difficulty with the other place might be overcome.

I hope that we will be able to proceed with the Bill swiftly. We do not perhaps always give sufficient value and attention to these matters. The status of our civil law and the status of private international law are not talked about enough—

[John Redwood]

I wonder whether my hon. Friend will address my query to all the expert lawyers in the House about what Britain could now do by way of leadership to improve a big area like family law through these mechanisms. Does he have any ideas for Ministers?

Divorce, Dissolution and Separation Bill [Lords]

Lord Redwood Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[Fiona Bruce]

That is exactly its point—very much so. That goes to the heart of the key purpose of new clause 1. Relationship support for couples in difficulty can help them to work together, so that the roots of their conflict can be addressed and terminated, rather than the relationship itself. Investment in relationship counselling would help not just the parties, but their children and wider society. Strikingly, the one provision of the Family Law Act 1996 that was retained is section 22, which enables the Government to provide funding for marriage support services, research into the causes of marital breakdown, and research into ways of preventing marital breakdown. Sadly, in recent years it seems that those provisions have not been used, and no funding has been provided specifically for marriage support. In February 2020 the Government said that between 2014 and 2019 they had invested £46.9 million in relationship support services. With family breakdown costing the UK at least £51 billion each year, surely it is now time to increase support specifically for marriage with this new clause.

On Second Reading, the Lord Chancellor said that he is a supporter of the institution of marriage. I encourage him to take a leaf out of the forward to the consultation response written by his predecessor, who stated:

“I believe that we should do everything we can to try to rebuild relationships before they become irretrievably broken down…This includes, where possible, helping to ensure that relationships can be saved before they are legally ended.”

Will my right hon. and learned Friend pass what might be called the “Gauke test”, by doing everything he can to support saveable marriages and support new clause 1?

Let me turn to amendments 2 and 4. Amendment 2 would define the start of divorce proceedings, so that it is clear when the 20-week period would start. This is an important concern about the Bill. Amendment 2, and amendment 4 with regard to civil partnerships, seek to deal with a serious defect of the Bill. At present, the petitioner for a divorce must prove service on the other party before proceedings get under way. That means that they must prove, on the record, that the other party has received notice and knows that they are being divorced. This Bill contains no such requirement. The applicant can simply lodge his application at court and the 20-week clock referred to in the Bill for proceedings to commence starts ticking.

The Bill needs amending to provide for the 20-week period not to start until the application for a divorce has been received by the other party to the marriage and this has been confirmed at court. Otherwise, as the Bill now reads, one party to the marriage could have far less than 20 weeks’ notice—if, for example, they are away from home, ill, or for some other reason the notice is not effectively served on them—prior to a court making a conditional order, leaving only six weeks left before a final order. Worse still, the Bill, as currently worded, gives a green light to unscrupulous petitioners to ambush their spouse by ensuring that by one means or another, their spouse does not receive the notice of claim filed at court promptly—so-called bombshell applications—because proposed new section 1(3)(b) of the Matrimonial Causes Act 1973 says that if the 20-week clock has ticked, the court

“must…make a divorce order”.

That can leave as little as only six weeks, or a few days more. It is possible for a devious partner to give a vulnerable spouse little over six weeks’ notice that they are being divorced—as I have said, a petitioner’s charter. That mischief needs correcting.

The Government will say that the Bill limits the opportunity for respondents to delay, control or frustrate the divorce application, and I should be grateful if the Minister would clarify where in the Bill it states that.

[John Redwood (Wokingham) (Con)]

On the very good point that people need to know that the proceedings have commenced, what does my hon. Friend think would be good service so that we can be satisfied on that matter?

[Fiona Bruce]

In my view, it is important to ensure that service is recorded. Service can be made by someone who professionally serves notice and then registers that fact at court. At present, the process of service has to be evidenced before the divorce proceeding process continues any further. All I am asking is that we have the same regulations now.

Even the Law Society, which supports the broad principles of the Bill—to my regret, as I am a member—is supportive of both parties having the same minimum period, so this is a very serious point, which needs to be addressed. As it stands, the 20-week period starting on application is, I believe, defended by Ministers because it makes the process simple. However, in this Bill’s simplicity lies its harshness or, as the noble and learned Baroness Deech has said in another place, its brutality. The shock for many people of being divorced within six months will be hard enough. The shock of being divorced in little over six weeks would be wholly unjust.

The Lord Chancellor has said that he will work with the Family Procedure Rule Committee to address this point. I await the Minister’s reassurance on this, which will need to be very strong to counter my view that this amendment to protect vulnerable respondents needs to be on the face of the Bill.

I now turn briefly to amendments 3 and 5 and new clause 2. Amendments 3 and 5 would ensure that there are no discussions about financial settlements in the 20-week period— or ideally, a longer period if amendment 1 is passed—unless both parties agree, or there is an application to court for interim maintenance and financial injunctions. The point of these amendments is that they give a breathing space for the parties to dialogue. Sadly, there is no requirement for this in the Bill—a litigation- free period in which it is hoped the parties may take counsel and try to establish whether they could be reconciled.

New clause 2 would require the Government to report annually on the impact of this Bill on divorce applications and marriage support. It would require them to report to this place on the impact of the Bill and, importantly, on those who are vulnerable, whether financially or otherwise, including children, and, equally importantly, on the availability and take-up of counselling and support services for those involved in divorce proceedings across the country.

In conclusion, as I am sure colleagues will now be aware, I fundamentally oppose this Bill. It does not promote fairness or justice, as I have sought to explain. What is fair or just about someone being able to just walk swiftly away from their relationship responsibilities, especially if children are involved, with no dialogue and without being held to account? Nothing in this Bill will help to reduce the inherent pain of the ending of so many relationships—of the rejection, the loss, the severance of a relationship that started with so many high hopes. This is a sad day for this House and my saddest in 10 years here.