Post Office (Horizon System) Offences Bill

Debate between Kemi Badenoch and Robert Neill

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Kemi Badenoch]

The Department can always do that. This is something that we believe is so critical in order to make sure everybody gets the justice they deserve, and we need to make sure that we carry out the process in such a way that everyone has confidence in it. We can continue to look at cases and see if there are other solutions, but as the right hon. Gentleman has rightly said, that will be outside the scope of this Bill.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I am very grateful to the Secretary of State for giving way, and I also pay tribute to the exceptional work of my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and the way in which he has engaged in what is a sensitive issue, not least constitutionally. Does my right hon. Friend accept that it is not ideal under any circumstance for this House to trespass upon the legitimate preserves of the independent courts? It should only do so under the most exceptional circumstances. There is a case that this is one of those instances, but while we can legitimately criticise failings in the criminal justice system—such as in disclosure, which is part of the system—it is important that we do not get into the territory of impugning the individual decisions of judges made in good faith on the evidence properly before them.

One thing we could do to emphasise the exceptional nature of the Bill would be to introduce a sunset clause, so that at an appropriate time when the Bill has served its purpose—perhaps some way in the future, once those who need to be found and contacted have been able to come forward and have their convictions quashed— it would no longer be the constitutional anomaly that it might otherwise be if it stayed on the statute book indefinitely.

[Kemi Badenoch]

I am very happy to consider a sunset clause. My hon. and learned Friend makes a very good point, and I really appreciate the fact that he can see the tightrope that we are walking: getting justice for postmasters while not interfering with judicial independence.

Retained EU Law (Revocation and Reform) Bill

Debate between Kemi Badenoch and Robert Neill

Thursday 11th May 2023 Commons Chamber

[Kemi Badenoch]

You can see a classic example of what I am talking about, Mr Speaker. The hon. Lady complains that the sunset would not allow her constituents to know what is being repealed, but the whole purpose of the amendment is for people to be able to see what is being repealed in the schedule. I ask Opposition Members to please read the amendment and wait until the schedule arrives. On what we want to do and reform, the £1 billion savings have been calculated not just by the Department for Business and Trade, but by multiple external organisations that have raised with the Department how the working time regulations could be improved. Those are the benefits we can get from Brexit to make things better, and we will continue to do so.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Replacing retained EU law is both inevitable and necessary now that we have left the European Union, but does my right hon. Friend accept that it is critical that we do so in a way that preserves legal clarity and certainty, which are vital for business confidence? Does she accept that some of us deliberately did not vote for the Second Reading of the Bill because of a flaw in its drafting that did not identify that which was to be revoked, and would have created precisely that uncertainty? Does she accept that some of us are better placed to support the Bill now that that gap is being sensibly and pragmatically filled in—if I may say—a very Conservative and pro-business fashion?

[Kemi Badenoch]

I completely agree with my hon. Friend. He is absolutely right: the Bill provides business certainty and legal certainty and removes interpretive effects and the supremacy of EU law, and it will do so by the sunset. Most importantly, it gives us the space to focus on the reform programme, which we announced yesterday and which will deliver the benefits of Brexit.