(9 years, 8 months ago)
Commons ChamberI certainly think that the judgments of the Court in Strasbourg will be looked at by our courts in the circumstances that my hon. Friend describes, and that they will no doubt take note of some of them. I do not think it right, however, that the courts in this country should be obliged to take account of the judgments of the Strasbourg Court, and that is what we would change. It is perfectly reasonable for the courts in this country to look at judgments not only from Europe but from other jurisdictions, but it should not be obligatory for them to do so, and that is what we would change.
We need clarification on this point, because the Government’s position on human rights is chaotic. We know that the Law Officers are at loggerheads on this issue, and that the very sensible former Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), was sacked in the Prime Minister’s massacre of the moderates because of his “poor” human rights stance. The Minister knows, however, that the European Court declares more than 98% of claims against the UK to be without merit, so why will he not celebrate the excellent Human Rights Act and commend Strasbourg for its common-sense decisions in most of those cases?
The hon. Gentleman seems to be inviting me to accept that it is fine to have a power that one should not have, so long as one does not use it all the time. That is simply not the position that we should be in. He is, of course, right to suggest that this is an important subject, and it will be an important subject in 44 days’ time when the British people will make a judgment on it. It would be useful to know whether Labour is utterly content with the state of human rights law in this country and would make no changes to it whatever. If that is Labour’s view, as it seems to be, the public need to understand that, come election day.
(9 years, 9 months ago)
Commons ChamberI welcome what the Attorney-General says, but the Director of Public Prosecutions has been to him on bended knee, begging for £50 million so that she can prosecute serious cases. Has he asked the Chancellor for that emergency funding—and if not, why not? If he has asked the Chancellor, what did he say about helping to plug the funding gap caused by the ill thought through cuts to the Crown Prosecution Service?
I do not think that the cuts to the Crown Prosecution Service have been ill thought through. They have certainly been significant, as I am afraid they had to be, given the huge economic mess we inherited when the hon. Gentleman’s party left office. We had to take those decisions, but I think that the Crown Prosecution Service has managed the reductions in its budget extremely well. It has not decided—I think that he would support this approach—not to prosecute cases where it thinks that it is appropriate to do so. However, we must recognise—the DPP recognises this in what she is saying—that there has no doubt been an increase in the number of complex and difficult historical sex abuse cases. We are talking with the Treasury about exactly that, and I am sure that it will understand the case we are making.
(11 years, 1 month ago)
Commons Chamber10. When he expects to put out to tender contracts for privatising probation.
On 19 September, the Ministry of Justice launched the transforming rehabilitation competition. It will be open to organisations from the private and voluntary and community sectors, as well as those who are currently working in probation trusts, to bid for contracts for the 21 community rehabilitation companies that will be responsible for supervising and rehabilitating low and medium-risk offenders each year. The competition will continue during 2014, and contracts will be awarded and mobilised by 2015.
Does the Minister accept that the Offender Management Act 2007 was about probation trusts commissioning services locally, rather than about the abolition of local probation trusts and the commissioning of services from Whitehall, which is what he is now proposing?
No. I have the Act in front of me, and section 3(2) states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
The Act means what it says. If the hon. Gentleman believes that the last Government passed legislation that they did not intend to pass, no doubt he will want to take that up with the former Ministers in his own party who were responsible.
(11 years, 2 months ago)
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My hon. Friend makes an interesting point in relation to settlement. Again, if he will forgive me for now, I will write to him about it, because it is not something that I can go into in the two minutes I have left. Nevertheless, he is right to make the point, and we will certainly explore it—
I hope that the hon. Gentleman will forgive me, but I would rather not give way to him; I want to deal with the point about price-competitive tendering that he referred to. Obviously, it is a crucial question. Should we deal with legal aid reform in that way? I am sure he is aware that as recently as last year, the hon. Member for Hammersmith was still saying that there was no reason not to do price-competitive tendering in legal aid, and that he said that he had seen nothing in the past two years to say why we should not press ahead with it. The hon. Gentleman may want to speak to the hon. Member for Hammersmith about whether price-competitive tendering is a deeply flawed concept that could never work.
However, the hon. Member for Kingston upon Hull East will also know that we are considering a range of submissions—we will also consider his submission—and that the Government will respond to the consultation that we have held. In addition, he knows that there will be a further period of consultation on some of the proposals. I hope that he will be a little more patient and see what those responses entail, because we will want to consider carefully a number of things and to decide what our response to them should be. He will forgive me if I cannot give him a sneak preview today, but he will not have to be patient for very much longer to see how we intend to respond.
There are crucial points to be considered—they have been raised again in this debate today—about the nature of rural areas and the advice to be provided to people there. As I say, hon. Friends and hon. Members have made those points, and they have been listened to and understood. Similarly, the point was made about Welsh language requirements. Any contracts that are issued will include a requirement that Welsh language services be provided. That is the law and that is as it should be.
Again, I stress that this process is an opportunity for people to contribute their views about what we have set out. With our legal aid reforms, the intention is to do two things: first, to address the real financial challenge that we face; and secondly, to reinforce public confidence in what is a very important system of providing taxpayer-funded subsidy to those who need it in our courts. Our proposals have those twin objectives. We will listen to the submissions that have been made to us, but in the end those objectives are what we seek to achieve.