Justice and Security Green Paper
Lord Clarke of Nottingham Excerpts(13 years, 1 month ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
With permission, Mr Speaker, I should like to make a statement. I have today laid before Parliament the justice and security Green Paper. The document is the culmination of more than one year of careful analysis and consideration on how to respond to a difficult challenge for any liberal democracy: addressing how sensitive material can be properly handled in the civil justice system and how the work of the security and intelligence agencies can be properly scrutinised and those bodies held accountable.
The problem is this: in recent years, there has been an increase in the number and diversity of judicial proceedings that examine national security-related actions. In many cases, the facts cannot be fully established without reference to sensitive material, but this material cannot be used in open court proceedings without risking serious damage to national security or international relations. Difficulties arise both in cases in which individuals are alleging Government wrongdoing and in cases in which the Government are seeking to take Executive action against individuals who pose a risk to the public. The consequence is a Catch-22 situation in which the courts may be prevented from reaching any fully informed judgment on the case because they cannot hear all the evidence in the case. They cannot hear all the evidence because it would do serious damage to national security if the evidence was available to all parties and the public. The Government are left with unsatisfactory choices: they could risk damage to national security by disclosing the material or summaries of it, or attempt to defend a case with often large amounts of relevant material excluded. If the material cannot safely be disclosed, the Government may be forced to settle cases, either by paying compensation or by withdrawing a case brought against an individual.
Further problems are posed by applications for the disclosure of sensitive material being sought for use in other legal proceedings, particularly those overseas. The material has sometimes been generated by foreign Governments and shared with the United Kingdom Government on the most confidential of bases. In these cases, disclosure would endanger crucial international partnerships and put at risk the sharing of information, which is critical to Britain’s national security.
These are issues of the utmost importance, which the previous Government faced just as much as the current one do. The work of the security and intelligence agencies, and the sensitive information that they and foreign partners produce, is essential to prevent terrorist attacks, disrupt serious crime networks and make the case for Executive actions such as deportations and asset freezing.
The current situation is clearly unsatisfactory for everyone: the Government are unable to defend their actions; claimants are left without clear judgments based on all the relevant information; and the public are left with no independent judgment by the court, because it has not been able to consider all the evidence. So the justice and security Green Paper contains a number of proposals to address these extremely difficult issues, and takes account of recent Supreme Court judgments. The Green Paper seeks views on a range of proposals including: extending the so-called closed material procedures, such as those used already in certain civil contexts, to all civil proceedings; clarifying the law on the requirement to provide a summary of the sensitive material heard in closed procedures to the other party when the procedures are utilised; enhancing the existing special advocate system to equip it to best serve the interests of the individual affected by the closed hearings; and ensuring that security issues are properly considered in cases seeking disclosure of material for use in other legal proceedings, including proceedings overseas.
The Green Paper has a further vital goal: reviewing the existing oversight arrangements for our security and intelligence agencies and the wider intelligence community. Allegations of misconduct undermine public confidence in the work of the security and intelligence agencies. It is essential that we have a strong system for overseeing their activities.
In recent years the context in which the agencies work has changed significantly, with the conflicts in Iraq and Afghanistan and the terrorist attacks of 11 September 2001 and 7 July 2005. There have been revolutionary changes in the way that people communicate and use technology. Cyber-security is a major and growing issue, and the budgets and public profiles of the agencies have increased substantially. Given all these changes it is important to ensure that scrutiny of the agencies and the wider intelligence community is effective and credible in the eyes both of Parliament and the public.
The Green Paper makes proposals further to develop the status and remit of the Intelligence and Security Committee, the Intelligence Services Commissioner and the Interception of Communications Commissioner. The Intelligence and Security Committee—that is the existing Committee—has recommended a number of detailed reforms and these have formed the basis of several of the proposals in the Green Paper. Significant reforms that we are floating include changing its status to become a statutory Committee of Parliament, giving Parliament a greater say in ISC appointments and giving the ISC greater powers to require information from the security and intelligence agencies.
The document seeks views on the appropriate balance of arrangements across the overall system of oversight. The Government welcome scrutiny of their activities in every area, including national security. The Green Paper seeks ways to increase both judicial and other independent scrutiny of such matters to unprecedented levels without undermining protection of the public and whilst maintaining strong safeguards for the rights of individuals. Faced with difficult challenges, Governments are sometimes encouraged to suppose that they need to choose between security on one hand and the rule of law on the other, but that is a false choice. As I hope this Green Paper shows, we must have both. I commend this statement to the House.
Sadiq Khan (Tooting) (Lab)
First, may I thank the Secretary of State for Justice for giving advance sight of his statement this morning and for the briefing that was provided last week? We are supportive of the attempts by the Government to find a solution to the challenging situations that are encountered in sensitive legal cases. At the outset, I would like to take the opportunity to pay tribute to our security and intelligence services for the difficult and challenging work they do in keeping our country and citizens safe.
As the Secretary of State said, the work of the security and intelligence agencies and the sensitive information that they and foreign partners produce is essential to prevent terrorist attacks, disrupt serious crime networks and make the case for Executive action such as deportations and asset-freezing. It is important that we support them with this difficult task, and finding a sensible way of handling intelligence material in judicial proceedings is one way in which we can do that. The starting point for all of us is, I hope, restating the principle of open justice, which is a central tenet of our justice system. However, we also recognise that there are occasions when the use of classified intelligence can prove to be a challenge to maintaining open justice. This is compounded by the fact that we are in a globalised environment where the sharing of intelligence between international allies is crucial to ensuring our national security and interest overseas.
I agree with much of what the Secretary of State has said about the challenges we face in this area. I hope that he has had a chance to read the excellent piece in The Independent today written by my right hon. Friend the shadow Home Secretary on the importance of strong oversight for strong national security. It recognises that changes are required to ensure that scrutiny of the agencies and the wider intelligence community is effective and credible in the eyes of both Parliament and the public.
We need, as a matter of urgency, to bolster the safeguards and scrutiny mechanisms concerning issues of security and intelligence. I welcome the fact that the Secretary of State is proposing measures to enhance the powers of the Intelligence and Security Committee. We support the publication of a Green Paper: it is right and proper to foster a debate on what are challenging issues and to encourage key stakeholders to contribute their thoughts.
That being said, I want to take this opportunity to ask a number of questions of the Secretary of State. First, who will decide which cases are treated in the way that he sets out in his Green Paper? How many cases does he believe will be dealt with in the manner suggested and what advice has he received from special advocates and from others involved in the Special Immigration Appeals Commission? How will the overall system be scrutinised? Who will undertake the role of overseeing the whole system? Can the right hon. and learned Gentleman comment on the views of the intelligence and security agencies on these proposals? Are they supportive of what has been recommended in the Green Paper?
We are happy to work with the Government to increase both judicial and other independent scrutiny of the intelligence and security agencies without undermining the protection of the public and while maintaining strong safeguards for the rights of individuals.
Mr Clarke
I thank the right hon. Gentleman for his extremely constructive response, which is important. As I said, these problems were just as acute for the previous Government as they are for the present one, and with the mounting number of actions being brought in this field, the situation is getting steadily worse. I can assure the right hon. Gentleman that the Government hope to get cross-party agreement. This is a very green paper. We are genuinely open to suggestions as to how to tackle the issue.
It is very much in the national interest that we do that. As the right hon. Gentleman has just said, we intend to protect our system of open justice and at the same time to protect the security of our intelligence agencies and public safety. It is essential that we set aside the ordinary partisan debate and seek to produce a system whereby our public and our allies can be reassured that these matters will be handled sensitively in this country. People will share intelligence with us knowing that it will be used properly, will not be misused and will not be disclosed in areas where it would do damage. At the same time, the public will be able to find out more often the outcome of complaints and actions involving the security services, and have a judge take the matter to a conclusion. I welcome what the right hon. Gentleman said.
I have indeed read the article in The Independent produced by the shadow Home Secretary. I have to say that she, too, was briefed on Privy Council terms, I think. I am used to that. I have been briefed on Privy Council terms quite frequently in the past by members of the previous Government and did not always leap out to the nearest newspaper in order to give a reaction to the briefing that I had just had, but of course in the spirit of bipartisanship that I have just proclaimed, I will take her views seriously. She is trying to find reasons for disagreeing with us on both sides of the argument, but sooner or later she will decide whether we are being too draconian and protective or too indifferent to individual liberties. I look forward to further instalments as, no doubt, does my right hon. Friend the Home Secretary.
The first question that the shadow Justice Secretary asked is key. He asked who will decide that the closed material procedure is the right way to proceed in whatever civil action we are talking about. In the first case it will be put to the court by the Secretary of State, but the final decision will rest with the judge. That is absolutely key. The special advocate is quite entitled to challenge the fact that this evidence is being given under the closed procedure, and the judge will have to be satisfied that on what he or she knows of the claim, it is indeed reasonable to proceed on that basis and there is indeed a threat to national security. That is a considerable reassurance.
I do not know how many cases there will be. The present pattern is that the numbers of cases is steadily increasing. It is becoming fashionable, almost, to start challenging the courts in encounters of any kind with the intelligence agencies. I do not dismiss all these actions, but there are about 30 coming through the pipeline now, so it is urgent that we address the matter.
Accountability is like the ordinary accountability for the court process, but the ISC will no doubt play a part in seeing how the proposal is working and its impact on the Security Service. On the Intelligence and Security Committee’s views on its own reform, as I have already said, we have based many of our recommendations on what the Committee itself has said. It is my understanding—I may discover more clearly in a moment, if any of my right hon. Friends intervene—that the ISC is broadly supportive of where we are going. We are undoubtedly strengthening the Committee. It is being made a Committee of Parliament. It will be accountable to Parliament as well as to the Prime Minister, and it will have increased powers if our proposals gain favour in the course of the consultation.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
I welcome the publication of the Green Paper because it is better to find a way of getting intelligence material into closed court proceedings than for the cases to remain unresolved. May I point out to the Secretary of State that if that is extended to inquests, it will strengthen the case for a chief coroner, which I have put to him? As someone who has served on the Intelligence and Security Committee for a long time, I believe very strongly that that Committee has to have access to operational information in order to do its job properly.
Mr Clarke
On the first point, we canvassed opinion on the prospect of it being extended to inquests. There will be a range of views on that, so this is a genuinely green part of the Green Paper. My view is that in cases where families are desperately anxious to have a proper inquiry and for someone to make some judgments about what caused the death of a family member, it is particularly unsatisfactory if the whole thing cannot be brought to some sort of conclusion because the proceedings are too open to members of the public so the evidence cannot be heard. We will therefore consult carefully on inquests. I am not sure that the legislation proposing that we have a chief coroner would have given him any powers to do much about such inquest cases, but no doubt that issue will be raised if we continue to debate whether we need a chief coroner.
We propose to improve the ISC’s powers to require information to be brought before it. There are of course difficulties and sensitivities relating to operational information, but those will no doubt be raised in response to the Green Paper and are touched on, rather carefully, in the document I have published today.
Mr Jack Straw (Blackburn) (Lab)
On the strengthening of the ISC, I commend what the Secretary of State is proposing. It is 17 years since the ISC was established—a different time and in the shadow of the cold war—and, as he has pointed out, circumstances have changed, so the proposals must be right. On the main part of his statement, I congratulate him on finding what appear to be elegant solutions to the terrible dilemma that successive Home Secretaries and Foreign Secretaries have faced, as I know, where the pursuit of apparent openness has resulted in injustice being done to the intelligence and security agencies and the plaintiffs, and sometimes defendants, in these actions. Will he confirm that the model he is seeking to extend for criminal-related cases will build on the establishment, many years ago, of the Special Immigration Appeals Commission? He says that the matter is urgent, and I entirely agree, so when does he plan to conclude the consultation and introduce legislation?
Mr Clarke
I am grateful to the right hon. Gentleman. He will not be surprised to learn that, although I made the statement today, I have been working very closely with my right hon. Friends the Foreign Secretary and the Home Secretary, whose interests are crucially involved, as he well knows, having done both jobs. We propose to complete the consultation by January next year, by which time we expect to be able to come back with legislation for the House to consider. I hope that people will feed in their views, because the whole point is to try to carry as much consensus in the House as possible. Although we have not yet decided, we will perhaps introduce legislation next year.
Sir Menzies Campbell (North East Fife) (LD)
My right hon. and learned Friend will know well that much of the success of intelligence is based upon co-operation with other countries. Does he agree that one of the most difficult components in the balance we must strike is the need to ensure that we do not prejudice relations with other countries, such as those with whom we have a special intelligence relationship, such as the United States, Canada, Australia and New Zealand?
Mr Clarke
Yes, and the ladies who made the tea. I compliment them all. I work very closely with colleagues and this is very much a Government Green Paper.
On co-operation, I agree entirely with my right hon. and learned Friend. We share information and work closely with reliable allies, with whom we are mutually very dependent, and apply the so-called control principle. It would clearly make things impossible if they feared that legal processes in the United Kingdom would mean that the confidentiality of information they share with us was likely to be compromised. It is of great importance to the security of this country that we do not compromise that principle.
Keith Vaz (Leicester East) (Lab)
I welcome the Green paper and the fact that the right hon. and learned Gentleman is working closely again with the Home Secretary on this and other issues, but I caution against extending the role of special advocates in any way. I do not know whether he was suggesting that, but there are criticisms of special advocates and the way they deal with information. I welcome the fact that the ISC is to be enhanced, but there have been occasions when the Home Affairs Committee has asked the head of MI5 to appear before us, only to be told that we must visit him. Will this now mean that he will appear before the Home Affairs Committee when we ask?
Mr Clarke
Special advocates are a key part of what we are proposing. Controlled material proceedings will involve the use of special advocates, but the Green paper touches on how to improve that use. There are serious problems relating to how much special advocates have to know about the evidence they will hear before they can take proper instructions from their clients and how far they can report back to their clients the gist of what has been said. At the moment that works quite well in immigration tribunals, on which this is based, but the Green Paper asks for suggestions on how the role of special advocates can be improved. They are an essential part of the process, but anything that helps us handle the difficulties in using them would be welcome.
Sir Malcolm Rifkind (Kensington) (Con)
I warmly welcome the priority given to the protection of information provided by friendly foreign Governments, because, quite frankly, without that protection the provision of that intelligence would simply dry up, to the great detriment of this country. As Chairman of the Intelligence and Security Committee, may I say how much the Committee welcomes the decision to follow its recommendation that it should become, for the first time, a Committee of Parliament and be given effective powers relating to the operation of the intelligence agencies and not simply relating to policy, procedure and administration, as laid down in the current legislation? That is very much to be welcomed because it will enable Parliament and the public to have confidence that there is genuine, independent and effective oversight of our intelligence agencies.
Mr Clarke
I am grateful for that authoritative response to the Green Paper. I think that it matters on both sides of the House that the ISC becomes a Committee of Parliament and, in a fuller sense, is accountable to Parliament as well as to the Prime Minister. We can build on the excellent work it has done since it was first established.
Hazel Blears (Salford and Eccles) (Lab)
I, too, welcome the Green paper and its proposals. Maintaining the confidence of our allies in sharing their information is absolutely key, but so is maintaining the British public’s confidence in our legal system. If closed proceedings are to be extended, there will be controversy about the role of special advocates, not only in the House, but more broadly among the public, so the proposals to strengthen their role are particularly important. We must ensure that we get that right so that the public, defendants and the whole system have confidence in a fair trial and at the same time protect and maintain the necessary secret intelligence we have. It is a difficult balance to strike, but I am sure that the Secretary of State is up to it.
Mr Clarke
The right hon. Lady is also a member of the ISC, so I am grateful for her support for our proposals. She is quite right to stress the need for public confidence generally. The present situation is wholly unsatisfactory. The Guantanamo Bay case, which we settled recently, showed exactly what can go wrong. I had to come to the House to announce that we had paid out a total of £20 million, together with costs, because we had ceased to defend the action. Everyone who was inclined to believe the detainees thought that there was secret information that would confirm everything they said, and everyone who was against the detainees thought that the security services had been crippled, that they could have defended themselves and that we were paying money to worthless people. Every conspiracy theory could flourish, depending on temperament, before we even started. That is no way to retain public confidence. In our view that definitely requires closed material procedures, which means that we must have special advocates, so we welcome views on how to improve the way in which they carry out that very difficult task.
Mr David Davis (Haltemprice and Howden) (Con)
The purpose of state secrecy is to protect the safety of citizens, not to cover up criminality or to avoid embarrassment. In the Binyam Mohamed case, which led to the Gibson inquiry, the very senior judges involved went to a great deal of trouble to balance the requirements of security and open justice, but, from what I understand of this Green Paper, I am concerned that had my right hon. and learned Friend’s proposals been in place a few years ago, what we learned from the Binyam Mohamed case would not have been put in the public domain, that we would not have had the Gibson inquiry and, indeed, that we would not have been able to resolve the issues arising from it. Other nations—Canada, Australia, Germany, France and Italy; all our major allies other than America—are able to be very robust about that. Why can we not be?
Mr Clarke
If my right hon. Friend will excuse me, I shall not comment on the Binyam Mohamed case in detail. The judges take one view and others take another, but the Green Paper addresses the problem. One would need the facility for closed material procedures, so the starting point would be a decision, confirmed by the judge, that in the interest of national security the case should take place in closed proceedings and, therefore, not be revealed afterwards. That is an altogether better way of resolving the issue than allowing an argument to break out between judges, the Security Service and everybody else afterwards about whether something has been revealed that should not have been. That was where we were in the case of Binyam Mohamed.
I cannot remember my right hon. Friend’s second point, but we have got the balance right. Members of the Intelligence and Security Committee have said that confidentiality vis-à-vis allies is absolutely crucial, and it is no good currying favour by trying to get behind that, because in fact the safety of people in this country would be endangered if we did not have the full and frank co-operation of allied countries providing us with their intelligence, just as we provide them with ours.
Mr Clarke
I have had some preliminary discussions with the judiciary, and I am quite sure that they will now respond quite fully to our Green Paper, but I agree that, as we are making very important changes to civil procedure, it is essential that we take on board their views. In the end, this House will decide, but it would be most unsatisfactory and be asking for a great deal of future trouble if we started trying to put in civil procedures that the judiciary thought unsatisfactory and, in case law, sought to modify. I have taken great trouble to consult the judiciary, and I will continue to do so. I think that that will be possible, because they are just as concerned as everybody else about national security and, certainly, about open justice, and they will help us to reach a conclusion.
Tom Brake (Carshalton and Wallington) (LD)
There will be nervousness at the use of special advocates in cases such as those of the Guantanamo detainees or in inquests. Does the Secretary of State agree that the most effective way of stopping such cases coming forward is to ensure that international law is observed, that torture is never condoned implicitly or explicitly and that our security services are more effectively monitored so that we can always be certain about the probity of their activities?
Mr Clarke
I certainly agree with all my right hon. Friend’s principles, and they are confirmed by the current Government: we are flatly against the use of torture; we do comply with international law; my right hon. Friend the Prime Minister has published new guidelines for the security and intelligence services; and, as I have said, we certainly want them to be properly accountable.
No one has ever established malpractice in previous cases, and one thing we are seeking to do is to draw a line under all the past allegations. I have been settling cases and all the rest of it, but no one has ever made an adverse finding against the security services on any of those grounds. Having public confidence, we now want a process whereby we can sustain it.
Mr George Howarth (Knowsley) (Lab)
The Secretary of State will be aware that certain judicial decisions on intelligence sharing have undermined the confidence of our close allies, particularly the United States, with a material effect on some areas in which they are willing to co-operate. Does he not share my concern that our close allies will be concerned to find that he now places on judges the burden of making those decisions? In reality and in our experience, judges look at the conduct of their own proceedings, rather than at national security.
Mr Clarke
There has been the one case, the Binyam Mohamed case, which we have touched on, but unsurprisingly no one here has touched on the growing number of cases under the so-called Norwich Pharmacal procedure, on which we make recommendations. It is important that we do not find that the interests of the particular parties lead to highly sensitive intelligence material just getting into the public domain. Having consulted the judiciary, and from my experience of them, I have to say that it is actually wrong to argue that they are indifferent to the needs of national security; they accept that we need clear reform of our processes. We had been waiting for some Supreme Court cases before we produced our final proposals in this Green Paper, and the judiciary think it is time for Parliament to make clear how the processes can be modified to enable them to protect justice and liberty on the one hand and national security on the other.
Jessica Lee (Erewash) (Con)
Will my right hon. and learned Friend please set out the position in respect of Northern Ireland? It is of course a part of the United Kingdom, and it bears the scars of conflict all too well, so will these measures be applicable in Northern Ireland?
Mr Clarke
It is very important that my hon. Friend raises this issue. We have indeed consulted the Northern Ireland Office. The issue applies to Northern Ireland, and these matters come up frequently in the Northern Ireland context. In the course of our consultation on the Green Paper, I expect that we will receive quite a lot of representations based on the experience there.
Chris Bryant (Rhondda) (Lab)
We clearly need some form of closed material procedure, if only to deal with the counter-intelligence threat, which is very strong at the moment, from countries such as Russia, but may I urge the Lord Chancellor to look at whether the Chair of the Intelligence and Security Committee could not, as is the case with the Public Accounts Committee, always be a member of the Opposition? The Member who currently holds the post could perfectly well have held it when we were in power, so would it not make greater sense for the Chair to be a member of the Opposition?
Mr Clarke
Well, we will look at that, because I stress that this is a Green Paper and we are seeking cross-party consensus, which, were we ever to go into opposition again, I trust we would maintain on such subjects. The shadow Home Secretary made the same point, and we will look at it, but the idea that the Chairman’s party allegiance is an important consideration is not immediately obvious to me. I am glad that the hon. Gentleman confirms that the current Chairman, who happens to be a Conservative MP, is a former Foreign Secretary and whom nobody criticises as Chairman, is the right person to be Chairman. A rule that the Chair switches party might be relevant to other Committees, but for this Committee it is not quite as necessary as it obviously is for a Select Committee.
Mr David Burrowes (Enfield, Southgate) (Con)
I commend the Justice Secretary for drawing the politicised sting from the false battle between justice and security. Will he give us his early thoughts on the possibility of creating an inspector-general of the intelligence services in order to ensure that oversight is concentrated in a single body?
Mr Clarke
The idea is floated in the Green Paper, and it often comes up. We will obviously look at it, alongside all the other things we are looking at to make the security services more accountable, but it is a suggestion often made, it remains a live issue and we will consider it very carefully.
Fiona Mactaggart (Slough) (Lab)
One way we could make the new Committee effective would be to guarantee that its reports were debated in this Chamber. Will the Government commit to making time for such debates, or will they leave it to the Backbench Business Committee?
Mr Clarke
That is more a matter for the Leader of the House than for me, but I am just turning to some members of the Committee, and I note that its reports are debated here sometimes. If Members with a close interest in the subject do not consider the frequency of debate to be adequate, however, I suggest that they take it up with my right hon. Friend. I do not think that these particular measures touch upon the frequency of debate, but the Committee is to be made more accountable to Parliament. That is one of the underlying features of our reforms.
Dr Julian Huppert (Cambridge) (LD)
I am instinctively uncomfortable about keeping evidence secret from those in court cases, but I look forward to seeking the detailed safeguards in the Green Paper. The Secretary of State says that the measures are intended for civil cases, but what assurances can he give the House that he will not consider using similar processes for criminal cases, in which somebody’s liberty might be at risk?
Mr Clarke
There is no question of having this in criminal cases—it would be quite impossible. A person could not be convicted on the basis of evidence that he was not allowed to hear and that was withheld from the public. The position will be the same after this as it is now—if evidence is not possessed that can be used in open court, the prosecution has to be dropped and cannot proceed. I share my hon. Friend’s sensitivities about any part of civil proceedings being closed—particularly, for example, in inquests, as I said a moment ago. However, I have come to the conclusion that that is less unsatisfactory than a situation in which the case cannot be heard in civil proceedings, so both parties go away, both claiming they are still right, and nobody has been able to hear all the evidence and give a judgment that, although not everybody will always accept it, will be of considerable reassurance to the general public if someone has heard it all and come to a conclusion.
Dr William McCrea (South Antrim) (DUP)
Does the Secretary of State acknowledge that it is vital that we have a common regime across the United Kingdom in dealing with the fight against terrorism? Given that, what talks will he have with the Department of Justice in Northern Ireland to ensure not only that there is a consistent approach but that there are no loopholes?
Mr Clarke
I think that the issues are exactly the same, in relevant cases, in all parts of the United Kingdom. Obviously the situation in Northern Ireland is particularly relevant to all this, so we have already consulted in Northern Ireland with the Justice Minister and others, and we will continue to do so. We are hoping to resolve problems that have been big in Northern Ireland for a long time, and we could not possibly have different principles applying on either side of the Irish sea.
Jonathan Evans (Cardiff North) (Con)
Does my right hon. and learned Friend recognise that there remains a high level of dissatisfaction with the degree of parliamentary scrutiny covering issues in relation to, for instance, extraordinary rendition, which was investigated in Europe in an inquiry that I was associated with but which here in this House was dealt with only by an all-party committee? In those circumstances, does he think that the changes that he is proposing will enable the Intelligence and Security Committee to look into these matters more effectively?
Mr Clarke
Yes, indeed; I entirely agree with my hon. Friend. I remind him that we are going to look into rendition and a lot of the other allegations once we get the Gibson inquiry under way. It is clear that that inquiry will go into all the things that have troubled my hon. Friend and other people for some years. Again, we try to do these things in parallel. We are trying to draw a line under the past and then make sure that practice in future attracts less criticism because there is less ground for it. We cannot start the Gibson inquiry until the police have completed their investigations, which are still ongoing; as soon as they have concluded them, the whole question of rendition, among other things, will be looked at by the inquiry.
Andrew Miller (Ellesmere Port and Neston) (Lab)
The Secretary of State rightly highlighted the importance of the growing cyber-threat. He is of course aware that the vast majority of targets of those threats are in areas such as finance, utilities and so on, which, historically, we have not regarded as places where security threats would occur. This now requires a much higher level of engagement from employees and people working in those sectors. Will he take steps to ensure that the industries where there are real threats are carried with us in this important regard?
Mr Clarke
As the hon. Gentleman knows, we are investing in cyber-security. He is right to say that this is now an extremely important issue for many sectors of British industry, as well as for the Government, that complicates matters and gives rise to the need for more actions now. There are myriad circumstances in which national security may be compromised by certain material. Some of the simpler ones arise because the identity of informants might be revealed. In others, the existence of some particular technology of which the other side is blissfully unaware will be revealed if one starts putting in one’s intelligence material. It is just as important to national security that those who are not friends of this country should not always know the capacity of the intelligence services in these cases. That is why the growing problem of cyber-security is a particular reason for strengthening our procedures and strengthening their supervision by this House.
Right of Access to a Lawyer in Criminal Proceedings and Right to Communicate upon Arrest (Opt-in Decision on Draft EU Directive)
Lord Clarke of Nottingham Excerpts(13 years, 1 month ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government have decided not to opt in at this stage to the directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest. The Government have taken this decision in accordance with the commitment in the coalition agreement, which states that we will approach legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system.
The Government agree that a European directive in this area is a good idea in principle. We believe that it could benefit UK nationals who become subject to the criminal justice systems of other member states. Such a directive could also build greater trust and confidence among the competent authorities of all EU member states who may be expected to accept and act upon decisions or judgments made in other member states. However, a number of provisions in the proposal, as published by the European Commission, go substantially beyond the requirements of the European Convention on Human Rights (ECHR) and would have an adverse impact on our ability to investigate and prosecute offences effectively and fairly. Given the extent of our concerns on the detail of this directive, we cannot at this stage be confident that all of them will be addressed in the process of negotiations.
Given the importance we attach to the principles of this directive, we intend to work very closely with our European partners to develop a text which takes greater account of the practical realities of the investigation and prosecution of crime and reflects the flexibility which member states need in order to meet the requirements of the ECHR in a way which is consistent with the nature of their justice systems. In the event our concerns about the initial draft of the directive are satisfactorily dealt with during the negotiations, we will give serious thought to whether we should apply to opt in to it once it has been adopted, as our protocol to the treaty on the functioning of the European Union allows. We will consult Parliament about any decision to apply to opt in to the final text.
Mutual Recognition of Protection Measures in Civil Matters
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures.
In accordance with the coalition agreement, the Government have said they will approach forthcoming legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system
The draft regulation will benefit vulnerable people in Britain who may now feel more confident to travel within the EU due to greater protection. The draft regulation provides a quick and efficient mechanism. It aims to avoid those needing protection having to go through time-consuming court procedures and giving evidence on the same matters in another member state in order to get the protection they need.
The draft regulation covers “civil matters” and follows on from the draft directive on the European protection order which covers “criminal matters” which the UK has also opted into. The two separate instruments are intended to complement each other so that as many protection orders as possible are covered despite the differences in member states’ systems.
Oral Answers to Questions
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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Katy Clark (North Ayrshire and Arran) (Lab)
7. What recent discussions he has had with the Secretary of State for Foreign and Commonwealth Affairs on his proposed reform of access to justice for overseas victims of corporate harm.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Overseas victims of alleged corporate harm by UK international companies are, where appropriate, able to bring civil claims in the UK now, and that will continue to be the case following implementation of our reforms to civil litigation funding and costs. My officials and I are in contact with the Foreign and Colonial Office—[Laughter]—the Foreign and Commonwealth Office as and when necessary to discuss the impact of our proposed reforms to legal costs in this class of case in this country, the Commonwealth or the colonies.
Caroline Lucas
I thank the Secretary of State for that interesting reply. Notwithstanding his response, he will be aware that the United Nations Special Representative on Business and Human Rights has said that clauses 41 to 43 of the Legal Aid, Sentencing and Punishment of Offenders Bill will present a major barrier to justice for overseas victims of human rights abuses by UK multinationals, not least because of the significant increased cost burdens. Will he therefore withdraw those clauses from the Bill?
Mr Clarke
We are not changing the jurisdiction in this country, which certainly does entertain claims in personal injury cases and so on against multinational companies that have some footing in this country. All we are arguing about is how much is paid in legal costs. The reforms to the no win, no fee arrangements that we are proposing would ensure that the costs would be fairer, more balanced and not out of proportion to the claim. We are not making any change at all to the jurisdiction. Most of the cases against multinational companies are not human rights cases; they are personal injury cases. Many of those cases might be attracted here because our present system of rewarding lawyers is far more generous than can be found in any other jurisdiction in the world.
Katy Clark
The Secretary of State will be aware that the UN Committee on the Elimination of Racial Discrimination has also criticised the reforms, which would remove access to justice for the victims of corporate abuse overseas. Does he not recognise that the reforms could result in there being no disincentive to environmental and other abuse? Will he not look at this again?
Mr Clarke
As I suggested a moment ago, I regard it as just a little disingenuous—I hate to say that about UN agencies—to suggest that we are in any way undermining the jurisdiction here for dealing with racial discrimination or serious personal injury cases involving British companies. What we are talking about is how much the lawyers are paid by way of success fees and other costs. The Trafigura case was a classic scandalous personal injury case involving a British company and an incident in Côte d’Ivoire, in which £30 million in compensation was awarded by the British courts to the plaintiffs and £100 million was paid in legal costs to those who brought the action. All we are doing is going back to where no win, no fee used to be—in getting the costs and the claims back in proportion to each other.
Mr Andy Slaughter (Hammersmith) (Lab)
What we are talking about is whether such cases will get into court at all under the regime that the Government are proposing. It appears they will not listen to Her Majesty’s Revenue and Customs on insolvency, or to Amnesty International, Oxfam or the United Nations on multinational cases. Now, Admiral, the leading specialist motor insurer, is saying that premiums will go up as a result of the proposals. Is it not time to think again, and to stop favouring insurance companies, crooks and multinationals over their victims?
Mr Clarke
If the hon. Gentleman wants to widen this argument, which is perfectly legitimate, to include a general proposition as well as multinational company cases, the questions must be: how much is proportionate to the claim when it comes to paying costs, and what effect does no win, no fee, since it was changed, have on the judgment on both sides? We do not want such cases to be such a high earner for the plaintiffs’ lawyers that they are prepared to bring more speculative cases, which is happening at the moment. Nor do we want pressure to be put on defendants who have a perfectly sound defence, forcing them to say, “We cannot defend ourselves, because it will cost us less to pay a nuisance fee by way of settlement.” Justice involves striking a balance between what the lawyers are paid and what the plaintiffs get by way of compensation.
Mr Gordon Marsden (Blackpool South) (Lab)
4. What assessment he has made of the proposal to allow a right of appeal of decisions by judges to grant bail following the death of Jane Clough and other cases.
Mr Jack Straw (Blackburn) (Lab)
8. What decisions he has reached on implementing the recommendation of the review by Lord Justice Jackson to abolish referral fees.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
As the House was informed on Friday 9 September in a written ministerial statement, the Government have decided to ban referral fees in personal injury cases as recommended by Lord Justice Jackson. The ban complements our wider reforms to no win, no fee arrangements, which are being taken forward in the Legal Aid, Sentencing and Punishment of Offenders Bill.
Mr Straw
May I first express an unequivocal welcome for the announcement that the right hon. and learned Gentleman and the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), made on Friday not only in respect of motor insurance but more widely about implementing this central plank of Lord Justice Jackson’s recommendations? Since the Justice Secretary used the word “ban”, which I think is the correct word, may I ask him whether he accepts that, given the level of malpractice we see across the legal and paralegal industry, the ban will have to be backed by the criminal law?
Mr Clarke
First, may I say that I am glad that my old friend the right hon. Member for Blackburn (Mr Straw) and I are in complete agreement on this subject? It is not the first time. He got in first, really, because I waited for the opinion of the Legal Services Board, which I have not followed but which I had to consider, and he rightly prompted a decision. People who agree with us include not only Lord Justice Jackson but my noble Friend Lord Young in his report, “Common Sense, Common Safety”, the Law Society, the Bar Council and the Association of British Insurers. The main beneficiaries will be claimants who are genuinely referred to the best expert to act for them and the justice system in general. We are now considering the way in which to put this into practice, but it is likely to be in the form recommended.
Mr Robert Buckland (South Swindon) (Con)
Developing on that point, does my right hon. and learned Friend agree that we should consider not only criminal law but close liaison with professional bodies to ensure that strict disciplinary action is brought against individuals or bodies who seek to circumvent any ban by rebranding fees as other costs or, worse still, start an emerging black market in referrals?
Mr Clarke
My hon. Friend makes extremely sensible and welcome suggestions. We have not decided exactly what form the ban will take yet, so I will not predetermine its eventual form. As the professional bodies strongly support us, we look forward to their co-operation because they are in the best position of all to ensure that different types of abuse with the same bad consequences are not used to evade the ban.
Mr William Bain (Glasgow North East) (Lab)
9. If he will make an assessment of the effectiveness of the Human Rights Act 1998 in respect of the balance between fundamental liberties and obligations to society.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
We have established an independent commission to investigate the creation of a United Kingdom Bill of Rights. The commission is due to report no later than the end of next year and the Government look forward to receiving and considering its findings.
Mr Bain
I am grateful for that answer. Does the Secretary of State support Liberty’s campaign, entitled “Common Values”, that seeks to separate the myths from the truths of the Human Rights Act, which has, for example, protected the victims of rape from being cross-examined in court by their assailants? Is this not the right way to tackle what the Prime Minister recently called the misrepresentation of human rights?
Mr Clarke
The best way to answer that is to say that I agree with the campaign, with the hon. Gentleman and with the Prime Minister. A perfectly serious debate has taken place about human rights legislation and I look forward to the commission’s advice. A lot of the difficulty comes when human rights are invoked by officials in excuse for bad decisions or in all kinds of cases that have nothing to do with any human rights legislation. We would have an altogether more sensible debate if people understood the real problems and difficulties—and that they are not all problems and difficulties.
Andrew Bridgen (North West Leicestershire) (Con)
For many, the perception of the application of human rights law is that the pendulum has swung too far away from responsibilities and duties. Does my right hon. and learned Friend agree that the commission will present a good opportunity to extend the understanding that with rights go responsibilities?
Mr Clarke
I think the commission is a very helpful idea for getting some objective and balanced advice on the whole subject. Otherwise, I agree with my hon. Friend that there is no reason why human rights should interfere with the proper balance between the responsibilities and duties that one properly owes to society. Everybody in this country is in favour of basic human rights and everybody wants to have an orderly society. I think the commission will help to steer the debate in a more sensible direction.
Jeremy Corbyn (Islington North) (Lab)
Will the Secretary of State take this opportunity to assure us that any review of the Human Rights Act will not include withdrawal from the European convention on human rights or the European Court of Human Rights? Will he recognise that both those institutions have done a great deal of good to improve the human rights of minorities and ordinary citizens across Europe and that the convention is worth staying in?
Mr Clarke
The convention was largely drafted by British lawyers led by Lord Kilmuir. Successive British Governments have adhered to the convention and have put great value on it and the Court. Since the fall of the Berlin wall and the end of the cold war, the convention has acquired new importance in making sure that we support advancing standards in eastern and central Europe. There is not the faintest chance of the present Government withdrawing from the convention on human rights, and we are waiting for the commission to give us—[Hon. Members: “Ooh!”] Have a look at our coalition agreement. Indeed, it is not just the coalition agreement—we have agreed to have a fresh look at this through the commission and we are not prejudging its findings.
Stephen Pound (Ealing North) (Lab)
11. What assessment he has made of recent trends in the size of the prison population; and if he will make a statement.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Since the summer of 2008, the prison population has been increasing much less quickly than had been the case for a number of years. The public disorder in early August has, however, resulted in a sharp rise in the number of prisoners in recent weeks, with the prison population reaching 86,842 on Friday 9 September. Despite this unprecedented rise, sufficient capacity has been maintained in the prison estate to accommodate the prison population effectively.
Stephen Pound
Like any decent, reasonable human being, I am grateful for that answer from the Secretary of State. Could I ask him to give credit to the prison officers who have participated in this expansion, and the people working within the prison estate? It cannot have been easy for them. An additional 500 operational usable places have appeared in the last few weeks. Where from?
Mr Clarke
First, I agree strongly with the praise that the hon. Gentleman gives to the prison officers. The system did respond—the criminal justice system responded very well to the totally unexpected pressure of the riots. Partly it proved that our criminal justice system does work well in such circumstances. Secondly, it was entirely because of the public-spiritedness and good will of prison officers, probation officers, policemen and court staff, all of whom responded to the events with horror, as did every decent member of society, and decided to put the public interest first.
We always carry a cushion in the prison estate, because we do not know what number of prisoners will come. I know the consequences, which some of my predecessors have encountered, of running out of places in the prisons, and for that reason, I am glad to say, we were able to cope—there is still sufficient capacity—and it is very important that we continue to do so.
Tom Brake (Carshalton and Wallington) (LD)
Has the Secretary of State had time to consider the Make Justice Work report, “Community or Custody?” which sets out clearly how much more effective properly managed community sentences are than short-term prison sentences, and the potential for greater use of community sentences to push down the prison population?
Mr Clarke
We have to have all forms of punishment available, because no two cases are the same. What is likely to be most effective with one offender may not be with another. We do have to punish, and then we have to see what we can do to rehabilitate and prevent people from reoffending. But I quite agree: for some prisoners, the best effect from the public point of view—returning them to an honest life—can be achieved by non-custodial sentences, and the Government hope to make them more credible to magistrates and to strengthen them, so they can be used effectively in suitable cases.
Sadiq Khan (Tooting) (Lab)
The Secretary of State has, on a number of occasions, said and written that he intends to reduce the prison population significantly over this Parliament. As he has confirmed, 16 months into the Parliament, the prison population is at a record high. It was also at a very high level before the riots. As he is aware, the prison estate is struggling to cope. Prison officers and probation officers are increasingly stretched, and prisoners are spending even longer times idling in their cells rather than engaged in productive activities such as work. In the light of that, is he still committed to reducing the prison population significantly, and if so, how will he do it in a way that puts public protection first?
Mr Clarke
I do not think I have ever said that. I have made it quite clear that the prison population responds to demand. I did not anticipate the riots, but we have to have a prison population that can cope with the judgment of judges and magistrates who send us a number of people who have to be dealt with and punished in that way. I have said that I expect to have a more stable system, but I cannot understand why everything possible was done under the last Government to push up the total number of prisoners but to let them all out earlier, so that the system looked tough but actually turned into something of a shambles. I am also hoping that prison can be made somewhat more effective, and that it might be better at putting people to work, getting them off drugs, tackling their mental health problems and getting fewer of them to go on to commit more crimes—
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Compensation for victims of terrorism overseas is being considered alongside the Government’s review of victims’ services and compensation in this country, at the conclusion of which we will publish a consultation document. We plan to make an announcement on the victims of terrorism overseas at the same time as we launch the consultation.
Gemma Doyle
I thank the Minister, but the families of the victims of overseas terrorism and the survivors were promised on 28 June that an announcement would be made “in the coming weeks”. Some two and a half months have now passed with no announcement. How much longer should the victims and their families expect to wait?
Mr Clarke
I have to confess that the hon. Lady has a valid point on the timing, but the fact is that it makes sense to consider the victim support that we give, the present criminal injuries compensation scheme and the support that the Foreign Office gives overseas alongside the proposed terrorism compensation scheme. This has always been a great difficulty over the years. We can all recall that, probably over the past 20 years, people’s aspirations to help victims here and abroad have run rather ahead of the arrangements made to finance them. I assure the hon. Lady that we are having to look at this again. I realise that we are slipping behind the timetable that we announced, but we will proceed as quickly as we can.
Bob Blackman (Harrow East) (Con)
15. What recent assessment he has made of the operation of the courts during the public disorder of August 2011.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The courts responded swiftly, fairly and properly during the recent public disorder and continue to process cases as soon as they are brought by the prosecution. Although it is too early to make a final assessment of the courts response to the disorder, my Department is reviewing all aspects of the response to find out whether opportunities for continued improvement in public service can be identified.
Bob Blackman
I thank my right hon. and learned Friend for that answer. One of the lessons of the riots was that those who were responsible were arrested, held on remand and processed through the courts and, if found guilty, began their sentences almost immediately, thus protecting the public and acting as a significant deterrent to others. Surely, that should be the norm, rather than the exception.
Mr Clarke
First, I have already praised the staff of all the services involved for the service that they delivered, and I think that we have all noticed that it was possible to handle certainly the straightforward cases much more quickly than we have become too used to regarding as the norm elsewhere. Obviously, we realise that we cannot expect such extraordinary efforts to be made all the time and in all normal circumstances, but efficiency can be improved. My right hon. Friend the Minister for Policing and Criminal Justice is taking a particular interest in improving the efficiency of the system and learning the best lessons that we can from our welcome experience of the riots.
Kerry McCarthy (Bristol East) (Lab)
It seems that in the immediate aftermath of the riots, in many cases, courts completely dispensed with asking for pre-sentence reports. One of the consequences was that parents of young children received custodial sentences, and no regard at all was paid to what would happen to those children. Does the Secretary of State agree that when parents are sentenced to custody, there ought to be automatic checks on what happens to the children?
Mr Clarke
My colleagues and I have just been checking with each other, and we all think—well, we all know—that pre-sentence reports were provided. One cannot proceed to swift justice without getting the necessary information about the circumstances of the client and their family. I am sure that pre-sentence reports were, in fact, required by courts, and they can certainly be obtained at adequate length in the time available if one is moving briskly. Of course, all the sentences are open to appeal, and the situation and the consequences can all be looked at in the normal way that always follows a sentence involving someone with family responsibilities.
Sajid Javid (Bromsgrove) (Con)
16. What plans he has to improve the efficiency of the criminal justice system.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I begin by making a topical statement, Mr Speaker, controlling my breathing carefully as I do. Last week, as well as announcing plans to allow cameras into courts, I outlined plans to open up the justice system by publishing unprecedented local data. We will publish data on court performance, sentencing and reoffending, and provide information on what happens next following a crime, alongside street-level crime data. That will allow people to see how the criminal justice system operates in their area. We will also encourage consistent publication of the names of offenders unlawfully at large; that will help in apprehending them and returning them to custody. Those measures will place the crime and justice sector at the forefront of the Government’s policy on transparency.
Bridget Phillipson
We have seen real success across Sunderland in reducing reoffending year on year. Of course, more needs to be done to tackle that, but it has been put at risk by cuts to the local probation trust. Does the Lord Chancellor think that reoffending rates will be higher or lower by the end of this Parliament?
Mr Clarke
Criminal statistics are more reliable than they used to be, but I still do not have total confidence in them, and I would certainly never make forecasts with them because crime trends are very difficult to predict. However, I am glad that success has been achieved in Sunderland on reoffending, which we propose to make the prime focus of our policy: punish offenders effectively and, at the same time, try to stop them offending again.
Sajid Javid (Bromsgrove) (Con)
T2. In Worcestershire, we have had persistent problems with Travellers who refuse to respect the law. My fellow MPs in the county have recently written to the Justice Secretary with some suggestions about that, and I know that he is considering them. Does he agree that we should help Travellers to preserve their way of life—their travelling way of life—by moving them on?
Mr Clarke
This is a difficult subject, and it certainly needs to be looked at all the time. I agree: my experience in my part of the world is that many Travellers do not travel as frequently as they are supposed to, and they are fond of occupying vacant land and building houses on it, while still describing themselves as Travellers. The subject is more complex than that, and if we can make any improvements to the law that protect the legitimate interests of society as a whole, we will certainly do so.
Helen Goodman (Bishop Auckland) (Lab)
Last week, the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), defended the Government’s narrow definition of domestic violence in the Legal Aid, Sentencing and Punishment of Offenders Bill with these words:
“We are concerned that to include admission to a refuge in the criteria would be to rely on self-reporting…We are not persuaded that medical professionals would be best placed to assess whether domestic violence has occurred. Although they may witness injuries…nor would the fact of a police investigation without more evidence provide sufficient evidence”.––[Official Report, Legal Aid, Sentencing and Punishment of Offenders Public Bill Committee, 6 September 2011; c. 359-60.]
Women in this country will be appalled by those remarks. Would the Under-Secretary like to take them back, and also change his definition in the Bill?
Mr Kenneth Clarke
We intend to apply exactly the same policy in all sensible ways to the prison system generally as far as is practicable. We publish more figures all the time about reoffending rates and we will certainly be open about our success in extending the policy of providing more worthwhile working opportunities for prisoners, because getting them back into the habit of work is one way of getting them to live as responsible citizens in a normal society.
Barbara Keeley (Worsley and Eccles South) (Lab)
T3. Using a restricted definition of domestic violence, as discussed a moment ago, will penalise victims of domestic violence, many of whom suffer for long periods before they begin to report incidents to the police. Will the Minister, given that he appears to be in some difficulty over this, consider meeting organisations working on domestic violence to work out how to make that definition work?
Julie Hilling (Bolton West) (Lab)
T5. There are 66 people in Bolton and more than 10,000 across the UK who are still driving with more than 12 points on their driving licence. Many are repeat offenders of the offences of speeding and driving without insurance and have more than 20 points. Is there a problem with the legislation or are judges being too lenient? Will the Secretary of State investigate?
Mr Kenneth Clarke
I think the answer is that we will investigate. I am grateful to the hon. Lady for the figures. They sound astonishing, so I look forward to her providing me with sufficient details for myself and my ministerial team to find out what lies behind them.
Stephen Barclay (North East Cambridgeshire) (Con)
T9. The building that formerly housed Wisbech magistrates court is owned by the Ministry of Justice and is in a prime site next to the historic port in Wisbech and a couple of yards from a conference centre. Will my hon. Friend the Minister meet me to discuss how we best use the site for regeneration so that it does not get locked in the stalemate that there has been with the police service locally?
Angela Smith (Penistone and Stocksbridge) (Lab)
T7. In the aftermath of the riots that so rocked the country last month, what lessons does the Justice Secretary think can be learned about the need to respond swiftly to public outrage at the actions of a lawless minority, balanced with the need to deliver justice?
Mr Kenneth Clarke
We obviously have to study the events closely, looking for any lessons we can learn from recent experience. More and more facts will come to light, upon which we can base firm conclusions. The question that the hon. Lady raises about the rapidity of the response in the early days to the first threats to public order and to citizens is not primarily for my Department, but I know that the Home Office is taking it extremely seriously. It is easy with hindsight to criticise operational decisions. What is important is looking to see how we can improve the response in the future.
Miss Anne McIntosh (Thirsk and Malton) (Con)
Is it not bizarre that many Travellers originate in Ireland? The Irish Government changed their law, so now the Travellers have moved to England. In his review, will the Justice Secretary learn from how the Human Rights Act in Ireland does not prevent Travellers from being moved on?
Mr Clarke
I agree that there is a problem. Let us be clear. Travellers, like anybody else, are entitled to the protection of the law and are also subject to the law. We have to deal with Travellers on the basis of how they behave, not start going against them as a class. But we have to look at how the operation of the law at present is enabling people to lead a somewhat odd way of life which is totally at variance with that which is led by the rest of the population, and to seek to disregard laws to which everybody else is subject. I am not sure that the Human Rights Act and human rights legislation generally is terribly relevant, but if it gets drawn in, we will look and see what it can do to help with the case.
Bill Esterson (Sefton Central) (Lab)
T8. The Government cancelled the building of the Maghull prison after work had already started. Will the Lord Chancellor take this opportunity to tell my constituents what plans he has for the site, to allay their concerns about the Maghull prison site and nearby greenfield projects, which developers are eyeing up?
Mr Kenneth Clarke
It depends on what they have done for which they have to be punished. I do not think that prison is the right place for people who pose no risk to the public, but if they have done something heinous, they have to be punished in a way that the public regard as proportionate to the crime. We are paying considerable attention to the problem of women in prisons. There are too many. The combination of problems is sometimes quite specific, and in many cases there are multiple problems. Anything that can sensibly be done to improve the way we handle women prisoners, with proper regard to punishment and the protection of the public, we will do.
Gregg McClymont (Cumbernauld, Kilsyth and Kirkintilloch East) (Lab)
T10. Further to the question raised by the hon. Member for Brighton, Pavilion (Caroline Lucas), without legal aid or Government financial backing for the fee arrangements, how can we ensure that overseas victims of alleged human rights abuses by UK multinational companies get justice?
Mr Clarke
They have the jurisdiction. Britain entertains these personal injuries cases, these actions in tort, against multinational companies that have an adequate presence here in a perfectly open way, but it is still necessary for the costs of a case to be proportionate to the claim. We do not want people coming here and bringing their cases in British courts because the costs available to the lawyers greatly exceed those which could be attained by bringing similar cases in other jurisdictions.
George Eustice (Camborne and Redruth) (Con)
Does the Secretary of State agree that we need to do more to curb the compensation culture in this country and that one way of doing so would be to ensure that plaintiffs incur some form of financial risk in bringing their case so that they focus their minds on the merits of their case?
Meg Munn (Sheffield, Heeley) (Lab/Co-op)
The Secretary of State has stated his commitment to rehabilitation as a priority. Probation officers are key to this. They often need highly developed skills, particularly when working with violent offenders and sex offenders. Is he committed not only to maintaining levels of funding for probation officers, but increasing it in order to continue the downward trend in crime that continued under a Labour Government?
Ian Paisley (North Antrim) (DUP)
Can the Secretary of State inform the House what efforts he is making to ensure that sentencing policy and practice is consistent across all parts of the United Kingdom for rioters, and that rioters in Rasharkin and Belfast who try to kill police officers and damage property will face the same swift, certain and good judgment faced by rioters in England?
Mr Kenneth Clarke
I realise that our fellow citizens in Ulster have unfortunately had just as much experience of rioting as some of our British cities have. Among the many things that we must look at when we get the full facts about the very good response of our courts and criminal justice system to the recent English riots is how it compares with the experience in Northern Ireland. I agree with the hon. Gentleman that there should be some general consistency of approach, with swift and firm justice, particularly when rioting is taking place, because it stops people imitating it and lessens the likelihood that the disorder will spread.
Tom Brake (Carshalton and Wallington) (LD)
On the subject of payment by results, what guarantee can Ministers give that small providers will win some contracts and that small and large providers will have to make information about their performance publicly available?
Mr Kenneth Clarke
I made some cautious remarks a little earlier about criminal justice statistics. There is a very small number of people on indeterminate sentences who have ever been released, and I am very glad that there has been a low level of reoffending.
We are committed to ending that system. We have 3,500 people who have finished their normal sentence—that is, the tariff—and are unable to satisfy the Parole Board that they can be released, but we are looking at all those cases to find the best possible way of ensuring that the bulk of them do not reoffend. Some of them always will, however, and we cannot avoid that.
Mr David Hanson (Delyn) (Lab)
On the question of compensation for overseas terrorism, will the Secretary of State confirm that any scheme eventually brought in will apply from 18 January 2010, as originally proposed by the previous Labour Government?
UK Bill of Rights
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government established an independent commission to investigate the creation of a UK Bill of Rights in March 2011, fulfilling a commitment made in our programme for government. The commission has been asked to explore a range of issues surrounding human rights law in the UK and also to provide interim advice on reform of the European Court of Human Rights ahead of our chairmanship of the Committee of Ministers of the Council of Europe, which begins in November 2011 and runs for six months.
I am today placing in the Library of the House copies of two letters received from Sir Leigh Lewis, the chair of the commission on a Bill of Rights, which have been sent jointly to the Deputy Prime Minister and myself. The first letter contains the interim advice which the commission was asked to provide to the Government on reform of the European Court of Human Rights, in advance of the UK’s chairmanship of the Council of Europe. The second letter sets out a number of issues on which the commission has not yet reached conclusions, and which it intends to continue to consider as part of its work programme.
The Government welcome the commission’s interim advice on the reform of the European Court of Human Rights. Our top priority when we take over the chairmanship of the Committee of Ministers of the Council of Europe will be to deliver and build upon the ongoing reform process. It must focus on the most important cases and have proper regard to the judgment of national Parliaments and courts. It must operate more effectively and efficiently as a proper safeguard against human rights abuses. Our plans will be informed by the commission’s advice. The commission will continue to explore the case for a UK Bill of Rights, and we look forward to receiving its final report by the end of next year.
Convention on Torture (Periodic Report)
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I have today placed in the Libraries of both Houses copies of the UK’s fifth periodic report under the convention against torture and other cruel, inhuman or degrading treatment or punishment. I intend to send the report to the United Nations Committee Against Torture immediately, with a request that the committee post the report on its website.
The report sets out how the UK is fulfilling its undertakings under the convention, and updates the UN on developments since the examination of the UK’s fourth report in November 2004. It draws attention to recent initiatives with regard to the treatment of people in detention: publication of guidance on the treatment of detainees, and establishment of the detainee inquiry. Non-governmental organisations and members of civil society in the UK have had the opportunity to comment on the report in draft, and the Government have taken into account many of their comments and suggestions.
Transparency in the Justice System
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Open justice is a long-standing and fundamental principle of our legal system. Justice must be done and must be seen to be done if it is to command public confidence.
This Government are determined to open up the justice system and have ambitious plans to increase transparency at every stage to allow everyone to see what is happening and how the system works.
Central to achieving this objective is a plan to publish far more and better data on justice:
On 29 September 2011, my Department will publish statistics by region which show the efficiency of the courts and tribunals in progressing cases. This will include brand new statistics on the time from the date an offence is committed to the date the case is finally dealt with by the criminal courts, whether at a magistrates court or the Crown Court.
On 12 January 2012, this will be extended down to court level. These data will include the number and type of cases dealt with at each court or local justice area, how long cases take to complete, as well as how many criminal trials could not commence on the scheduled date and how many had to be abandoned. The data will also allow the public to see the number of civil hearings and trials dealt with at courts in their area, how long it takes these cases to progress, and in family courts how long it takes for care proceedings cases to complete.
On 27 October 2011 we will publish reoffending rates for every probation trust and prison in England and Wales, along with anonymised datasets showing whether individual proven offenders go on to reoffend for each local area.
On 24 November 2011, we will publish, alongside our regular quarterly criminal justice system statistics, anonymised datasets on each case sentenced. This will include the sentence given, the court, the age group, gender and ethnicity of those sentenced, and the time from when the offence was committed to when the case was complete.
From May 2012 onwards, the national crime mapping website, police.uk, will provide the public with information on what happens next for crimes committed in their streets, so they can see what action the police took and the outcome of any subsequent court case.
In addition to providing more data, I am determined to reform fundamentally the way the justice system operates so it is more open. The names of offenders who are unlawfully at large can be—and often are—published by police forces to help bring these people back to custody—where they should be. We are committed to removing all unnecessary barriers to the naming of these offenders and to promoting best practice and consistency across all police forces.
Today, I can also announce my intention to legislate, as soon as parliamentary time allows, to remove the ban on cameras in courts.
As a starting point, judgments in the Court of Appeal will be broadcast for the first time. I want to see this expanded to the Crown Court, but I will work closely with the Lord Chief Justice and Judiciary on how this could be achieved.
I will consult further on the detailed approach, but I am clear that this must not give offenders opportunities for theatrical public display. We will work to ensure this does not hinder the administration of justice and that it protects victims, witnesses, offenders and jurors.
Collectively, these plans will open the justice system in an unprecedented manner, allowing the public to judge for themselves how we are performing and to hold us to account.
Victims of Crime Directive
Lord Clarke of Nottingham Excerpts(13 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government have decided to opt in to the directive on establishing minimum standards on the rights, support and protection of victims of crime. The directive meets the criteria set out in the coalition agreement with regard to EU Justice and Home Affairs measures.
In accordance with the coalition agreement, the Government have stated that they will approach forthcoming legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice systems. By opting in to this directive we will have the opportunity to strongly influence the text and ensure that the minimum standards victims can expect throughout the EU are clear, appropriate and affordable.
We welcome the proposed directive, which will benefit UK citizens who are victims in other EU member states. They will be afforded minimum rights, support and protection to a level similar to that they would receive as a victim of crime in the UK. The directive will allow UK citizens to move throughout the EU with confidence that should they fall victim to crime in any member state, their rights will be respected when participating in criminal proceedings and they will be able to access a minimum level of support across the EU.
Office for Judicial Complaints
Lord Clarke of Nottingham Excerpts(13 years, 4 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
With the agreement of the Lord Chief Justice, I will today publish the annual report of the Office for Judicial Complaints (OJC). The OJC provides support to the Lord Chief Justice and myself in our joint responsibility for the system of judicial complaints and discipline.
This report is the fifth published by the OJC, and marks the end of a year which has seen the OJC transition from an arm’s-length body, sponsored by the Ministry of Justice, to become a part of the Judicial Office, which supports the Lord Chief Justice and senior judiciary in discharging their responsibilities.
While now a part of the Judicial Office, the OJC retains both its operational and decision-making independence and continues to report to both myself and the Lord Chief Justice on matters relating to judicial conduct and discipline. I am confident that this arrangement will realise significant administrative and organisational savings while protecting the independence of the investigatory and disciplinary process.
I am pleased to note that the OJC continues to deliver an effective complaint-handling service to all of its customers, which is both transparent and efficient; processing over 1,600 complaints and 800 inquiries in the last year. None the less, it is always possible to seek further efficiencies and improvements and to that end the Lord Chief Justice and I have agreed that the OJC should conduct a thorough review of the Judicial Discipline (Prescribed Procedures) Regulations to identify any areas where the disciplinary process may be improved or streamlined. That review is ongoing and the OJC will be consulting key stakeholders and inviting submissions from interested parties before providing both the Lord Chief Justice and myself with recommendations in 2012.
Copies of the report are available in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies of the report are also available on the internet at http://www.judicialcomplaints.gov.uk/publications/publications.htm.
Justice's of the Peace Act 1949 (Compensation) Regulations
Lord Clarke of Nottingham Excerpts(13 years, 4 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am announcing today that I have approved a recommendation by Her Majesty’s Courts and Tribunals Service that the Justice of the Peace Act 1949 (Compensation) Regulations as amended (known as “Crombie” regulations) are to be revoked by a statutory instrument that will be laid before Parliament on the 14 July 2011.
Under arrangements dating back to 1949 justices’ clerks and their assistants are currently entitled to receive higher compensation than other civil servants—in certain circumstances—for loss of office, resettlement and retirement. We have a duty to ensure that we get value for taxpayers’ money and following consultation the Ministry of Justice has decided to revoke this entitlement.
All civil servants, including justices’ clerks and their assistants will continue to benefit from the protection of the civil service compensation scheme.
Copies of the response to consultation on the proposal to revoke the “Crombie” regulations have been placed in the Libraries of both Houses.