Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Geraint Davies

Tuesday 31st January 2012 Commons Chamber

[Mr Clarke]

In many cases, a high priority is given to trying to house prisoners in places where they are reasonably in contact with their family and home. Of course, the more pressure the service comes under, the more difficult it is to maintain that, but I am sure it remains an objective of those who allocate prisoners to the correct prison once they receive their sentence.

[Geraint Davies (Swansea West) (Lab/Co-op)]

16. What assessment his Department has made of the effect on women of his proposed changes to legal aid.

Reforming Civil Justice

Debate between Lord Clarke of Nottingham and Geraint Davies

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

If my hon. Friend looks at our proposals, he will see that we intend to provide greater incentives for the settlement of cases. We also intend to impose cost penalties—beyond those that already exist—on those who either refuse good offers or do not meet the reasonable first demands of their opponents, but settlement is always preferable when it is possible.

I think I shall have to discuss with the judiciary the question of whether wider circulation could be given to recent awards of damages. However, I agree that in this day and age it ought to be possible to move on a little from the old days when gossip among members of the Bar about what they considered to be the current tariff for a particular injury was the best way of spreading knowledge about the direction in which the figures were moving. I will discuss my hon. Friend’s proposal with the Lord Chief Justice and others.

[Geraint Davies (Swansea West) (Lab/Co-op)]

The Secretary of State will know the situation facing families with household savings of less than £15,000, and that families with savings of over £16,000 are ineligible for benefits. Does he not think that raising the bar for access to justice through the small courts from £5,000 to £15,000 may be seen as rough justice for the many poorer families who might want a proper hearing for their case? It will have a massive impact on their household budget, and a much greater one than a larger amount for a richer family.

[Mr Clarke]

This has sometimes been looked at, hence it has been possible to raise these levels by quite large amounts as they have not kept in line with inflation for the last 15 years. What we are doing in respect of the small claims courts should be of assistance to people of low means, because the small claims courts have been quite successful as a reasonably informal, very low-cost way of resolving simple disputes or collecting straightforward debts which people cannot recover from those who owe them. It is right to extend that jurisdiction so that people are not faced with the daunting prospect of appearing before a judge in a formal court setting, and possibly having a lawyer on the other side and so forth, which comes at the next stage up, at county court.

Guantanamo Civil Litigation Settlement

Debate between Lord Clarke of Nottingham and Geraint Davies

Tuesday 16th November 2010 Commons Chamber

[Mr Clarke]

That is why we need the Green Paper, in order to try to establish some rules on the admissibility of intelligence evidence or evidence that may be of relevance to national security. As I believe I said in answer to an earlier question, this issue is cropping up with ever more frequency and we need to resolve it. This is not just something that the Government or Parliament can simply declare we are going to do. We have to resolve this in a way that is compatible with the rule of law, with the judgments that British Courts are likely to come to and with the strong opinions held by the judiciary in this country in their role of defending our fundamental rights, the rule of law and the independence of the courts. We have to consider our international obligations. It will not be easy to produce a Green Paper, but that is the secret to getting back to resolving these matters at a decent pace. I entirely share the hon. Gentleman’s wish that we could do that, so that they can be sorted out pretty clearly, fairly and straightforwardly whenever they arise.

[Geraint Davies (Swansea West) (Lab/Co-op)]

You will know, Mr Speaker, that my former constituent Feroz Abbasi was held for many years in Guantanamo Bay in intolerable conditions without charge and was later freed. May I ask the Justice Secretary that if members of MI5 or MI6 are found to be complicit in torture, what penalties will they face?

[Mr Clarke]

That is speculative. I should make it clear that the allegations in these cases were not, so far as I am aware, that any member of the British security services had directly been involved in torture or ill treatment. They were argued to be complicit—that is, they had known that others were doing that and had somehow been complicit, which is not admitted by the security services. That was the issue. No one, I think, has been accused of torturing. It would be a very serious matter if anybody in the British intelligence services was ever found to have taken part in torture or the deliberate ill treatment of a detainee.