Transatlantic Trade and Investment Partnership

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 25th February 2014 Commons Chamber

[Mr Clarke]

The hon. Gentleman follows these matters closely, and he knows that, on both sides of the Atlantic, we broadly agree that we need to keep up the momentum and make progress. If we do not achieve this deal by the end of 2015 or early 2016, we will not get there at all because the politics will take over. That is the history of trade deals. We would all have preferred an arrangement like the Doha round, under the auspices of the World Trade Organisation, but since that has gone we have tried to move towards this kind of agreement. The pace will vary. We have made remarkable progress so far, and we are about to go into our fourth round. Some of the first offers have already been exchanged.

How quickly this goes will depend on events. The half-term elections in the United States might slow things down, for example. Also, the US is engaged in negotiations on the Pacific partnership, which is associated with our agreement and slightly ahead of it. In any event, we have to secure agreement within the present administrative term in the United States, and before the politics in any part of Europe start to go sour because a lobby group suddenly decides that vested interests can be protected by opposing the deal. We have every intention of pressing on and making progress as rapidly as possible.

[Mr Robert Buckland (South Swindon) (Con)]

In our negotiations with the US Government, is it not important that we should emphasise the distinction between the TTIP and deals such as the trans-Pacific partnership, on the basis that the risk of a sophisticated, regulated market such as the EU dumping inferior goods on the US is minimal, and that the fears that have accompanied other free trade deals need not exist in the TTIP?

[Mr Clarke]

I can assure my hon. Friend that I make that point, although we are not hostile to the Pacific partnership. It is perfectly reasonable for the American Administration to wish to conclude such an ambitious deal. However, people appreciate that the issues being discussed in Congress and among the American public are quite different from ours, and I think that that makes it easier for us to make progress. On the question of fast-track authority, which would determine when we eventually conclude, my hon. Friend has mentioned worries about the trans-Pacific partnership that are causing doubts in the United States. I think that we are waiting in the queue behind that agreement in that regard.

[Mr Buckland]

Is there not a danger that members of Congress who are hostile to the fast-track authority proposals could somehow bring the TTIP into the mix and withhold FTA for our deal, as opposed to the trans-Pacific partnership?

[Mr Clarke]

The answer to that is yes, there is a danger. I can assure my hon. Friend that we will do our best to minimise it, as will the commission in Washington. It would be most unfortunate if that were to happen.

That brings me to the question of transparency. No one is hostile to the idea of being transparent. The EU is a union of 28 nation states and Governments, all of whom have their own Parliament, and the desire to share information among Parliaments and the public is considerable. There is a dilemma, however, in that there is a conflict between that arrangement and the negotiating positions. There is no doubt that our American friends negotiate very hard indeed. They are pretty hard-nosed people when it comes to negotiating the detail, and we cannot send our negotiators into the chamber with all their bottom lines, their ambitions and the mandates they have received from their member states revealed. We need to get that balance right, but the instinct of Commissioner de Gucht and Commissioner Barnier—and certainly of the British Government—is to be as forthcoming as possible, so long as we are not simply feeding information to lobbies that want to try to put a spoke in the wheels. I entirely understand that getting public support—and, eventually, the smooth ratification of this deal—will depend on whether we have been sufficiently transparent with all the lobbies.

Detainee Inquiry

Debate between Lord Clarke of Nottingham and Robert Buckland

Thursday 19th December 2013 Commons Chamber

[Mr Clarke]

As there is that reserve power, I cannot give an absolute guarantee that it will be a dead letter when we start. The Prime Minister is as anxious to get these matters resolved—to draw a line under them—as everybody in this House is. So it is inconceivable to me that the Prime Minister will be persuaded to start using reserve powers just to cover up embarrassment or to avoid the thing going too far, and I certainly hope that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) is reassured by that; it is not what the reserve power is for. Unfortunately, there are occasions when there are just disagreements about how dangerous it is, or otherwise, for particular information to be disclosed widely at all. The Prime Minister has the invidious task of making the final decision on that if a real conflict arises, but there is no reason to anticipate at this stage that the ISC and the agencies are going to be in any conflict that would give rise to that.

[Mr Robert Buckland (South Swindon) (Con)]

Does my right hon. and learned Friend agree that perhaps the answer to the question posed by my hon. Friend the Member for Penrith and The Border (Rory Stewart) is that the ISC’s proceedings will be covered by parliamentary privilege. Has an assessment been made of the effect of privilege on the course of the ongoing police investigation, as I suspect it would be helpful in making sure that the two inquires are kept separate?

[Mr Clarke]

It is certainly important that the two are kept separate. I seem to recall that when the ISC was given its new status there was quite a bit of discussion about the extent to which privilege would apply to this particular parliamentary Committee, which is of course set up by statute, which is not usual for most of the others. I assume that the ISC can afford the full protection of privilege to the witnesses who are called before it, and that, again, ensures that they cannot suddenly find that this is all being held against them if they find themselves later, by any chance, in the unfortunate position of having to give evidence about the same facts again.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 3rd July 2012 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

The failure to bring criminal prosecutions against those who have wrought such havoc to our banking system continues to cause huge public concern. Has my right hon. and learned Friend had any discussions with ministerial colleagues about how the proposed fresh investigations will be properly supported and resourced?

[Mr Kenneth Clarke]

On reading what I have of these cases, it seems to me quite plain that possible crimes are involved in what has been described. I am glad to say that the Serious Fraud Office is, I am assured, investigating. It is properly a matter for it and not in the end a matter for Ministers whether anybody is prosecuted for anything. I think we are all reassured to know that this is being inquired into, as anybody guilty of crime must be brought to justice.

Defamation Bill

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 12th June 2012 Commons Chamber

[Mr Clarke]

I agree. I stress that it will be for the courts to determine what amounts to serious harm in an individual case, but I agree that someone whose business is damaged—albeit by a local allegation in a local newspaper—could almost certainly demonstrate serious harm. Any citizen against whom a serious and unfounded allegation of personal misconduct is made will probably be able to demonstrate that it has done serious harm to his reputation. The hurdle is raised a little, but I trust that it will not bar any plaintiff who has had serious problems as a result of a publication.

I was moving on to deal with the defences. Clauses 2 and 3 replace the common law defences of justification and fair comment with new statutory defences of truth and honest opinion. These are areas where the law has become increasingly complicated and technical over the years. In our opinion, the revised approach should simplify the situation, ensuring that the defences are available without so many endless and costly disputes over detail and interpretation. Alongside the new defences of truth and honest opinion, we are introducing, for the first time, a statutory defence of responsible publication in the public interest. This is based on the common law defence that has been developed by the courts in recent years following the case of Reynolds v. Times Newspapers but expressed in clear and flexible terms. It provides a defence where the defendant can show that the allegedly defamatory statement is, or forms part of, a statement on a matter of public interest, and that he or she acted responsibly in publishing it.

The relevant clause identifies specific factors to which the court may have regard in deciding whether the defendant has acted responsibly, based on current case law. However, we do not want those to be interpreted as a checklist or a set of hurdles for defendants to overcome, and the list is intended to set out factors in an illustrative, non-exhaustive way so courts will retain flexibility. It is not our intention to change the Reynolds defence; we have sought to set it out in statutory form in a way that we hope will help.

[Mr Robert Buckland (South Swindon) (Con)]

I am listening carefully to what the Lord Chancellor is saying about the dangers of the non-exhaustive list setting a series of hurdles. Does he not think that a catch-all clause allowing the courts to look at all the circumstances of the case would cure that potential mischief?

[Mr Clarke]

As I said, we are not intending to fetter, as it were, the discretion of the court in the end to apply reasonable judgment to the particular circumstances of a particular case; this is meant to be illustrative. This is work that we have set out, and we will reflect on my hon. Friend’s point as we continue to scrutinise the legislation as it goes through this House.

Finally in this area of defences, we are extending the circumstances in which absolute and qualified privilege can be asserted. The defence of privilege is based on the principle that there are certain situations in which it is for the public benefit that a person should be able to speak or write freely, and that this should override or qualify the protection normally given by the law to reputation.

Clause 7 extends privilege to summaries of material as well as to reports and copies; broadens the international scope of the circumstances in which privilege applies; and clarifies that qualified privilege extends to reports of scientific and academic conferences and of press conferences. In a further important step forward for the protection of scientists and academics, clause 6 creates a defence of qualified privilege for peer-reviewed material in scientific and academic journals, as recommended by the Joint Committee on the draft Bill. The clause defines key elements of the peer-review process to ensure that publications with appropriate procedures will now be given the protection of this new defence.

All told then, I would argue to the House that the Bill is introducing sensible reform to protect freedom of expression by raising the bar for a claim and bolstering the defences available, with specific benefit for scientists and journalists. But we want to go further in some of the main areas of public concern, in particular by addressing libel tourism, which has sometimes caused damage to this country’s reputation around the world, as we are normally regarded as advocates of freedom of expression, in particular. Relatively few foreign libel cases ultimately end up in a British courtroom, but I am concerned by the use of threatened proceedings by wealthy foreigners and public figures to stifle investigation and reporting. Clause 9 addresses the issue in a measured and proportionate way, although it has had to be drafted to avoid any conflict with European law. It clarifies that a court will not hear a case against someone who is not domiciled in the UK or an EU member state unless satisfied that England and Wales is clearly the most appropriate place to bring an action. It should help ensure that powerful interests around the world will not so easily be able to use British justice to gag their critics —a move that I hope will be welcomed across the House.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 17th April 2012 Commons Chamber

[Mr Clarke]

On the right hon. Gentleman’s first point, I can assure him that we are continuing legal aid in all cases involving judicial review, so legal aid is available to someone who is trying to have a welfare decision judicially reviewed. That applies to every kind of judicial review, because we do not think that the Government or a public body should be resisting a claim about abuse of their powers from a litigant who cannot get legal advice. This is not an easy concession to make, because quite a lot of people who seek judicial review are not instantly popular with all sections of society, but we still give them legal aid.

On the other matter involving situations in which the state is busily arguing against a successful appellant that some kind of law is involved, I will add that to the list of things that we are studying with the DWP to try to identify whether, in cases where the state thinks that it is worth arguing about the interpretation of something, the litigant should be able to do so as well.

[Mr Robert Buckland (South Swindon) (Con)]

I am listening to my right hon. and learned Friend’s arguments with great care, but I am still puzzled about the unavoidable problem of the ability to work out what is a legal issue as opposed to a merely factual one. Fact management and legal issues often come hand in hand, and they are often best handled by a lawyer. I worry that we are making an artificial distinction, and that if, as he is suggesting, we are to rethink a number of issues raised by Members of the House, we should rethink this one too.

[Mr Clarke]

Of course there can be borderline cases, but, with great respect to my hon. Friend, in the vast majority of cases it is fairly obvious whether one is arguing a point of fact or a point of law. In an ordinary welfare case, the question will be whether someone is fit for work or not fit for work, or living or not living at a particular address. When a point of law arises whereby it is not a question of the complexity of the regulations but of the actual meaning of the regulations, somebody like a tribunal judge will know that instantly and think, “That is quite an interesting point of law that I’ve not had before; this will go to the upper tribunal and I will certify that it would be rather nice to have some guidance.” In the end, we have to leave it to tribunals themselves to decide on the facts. Some may be blurred, but by and large, in the vast majority of cases, they will be reasonably clear.

Transparency and Consistency of Sentencing

Debate between Lord Clarke of Nottingham and Robert Buckland

Thursday 2nd February 2012 Commons Chamber

[Mr Clarke]

In a moment, I shall probably make another passing reference to the fact that the Sentencing Council guidelines make it clear that custody is undoubtedly a normal sentence for burglary. In my experience, it always has been, and it still is. There has to be a clear mitigating circumstance for anybody to avoid a custodial circumstance.

[Mr Robert Buckland (South Swindon) (Con)]

My right hon. and learned Friend is correct in his assertions about lack of knowledge. It is not the fault of the public; it is the fault of the system that there is lack of knowledge in the public domain. That point is eloquently demonstrated and backed up by the findings of research conducted by Ipsos MORI for the Sentencing Council in May last year.

[Mr Clarke]

There is a very interesting website—I forget what it is called—

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 31st January 2012 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

T10. Residents and organisations in my constituency will welcome the Government’s decision to update the law relating to scrap metal. When will the necessary amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill be brought forward?

[Mr Kenneth Clarke]

I share my hon. Friend’s concern to see the Government move on this matter as quickly as possible. I assure him that we are working carefully with colleagues on the drafting and hope to be able to table amendments to the Bill, which is currently before the House of Lords, as soon as possible.

Victims and Witnesses Strategy

Debate between Lord Clarke of Nottingham and Robert Buckland

Monday 30th January 2012 Commons Chamber

[Mr Clarke]

The victims code has been steadily improved over the years—it is all very well for the right hon. Gentleman to be a little sarcastic about it; it has been renamed—and we intend to improve on that. The right hon. Member for Tooting (Sadiq Khan) says that he will make it a victims law, but it is the same thing. The one reason for not putting it on a statutory footing is that we are waiting to see what comes out of the European victims directive, which we have opted into, so that we can clarify the legal obligations. We will improve the service, and it has nothing to do with the closure of under-used courts in various parts of the country.

[Mr Robert Buckland (South Swindon) (Con)]

One of the problems that my right hon. and learned Friend referred to with the criminal injuries compensation scheme has been delay. The backlog reached a high of 85,000 cases a few years ago under the previous Government, although the figure is coming down. What effect will these proposals have on reducing the appalling delays that victims of crime are suffering?

[Mr Clarke]

I am glad to say that the figure is coming down, but delay is the most serious symptom of the underlying failing of the system. For as long as I can remember, we have had deficits in the funding and an inevitable delay in payments because they cannot be funded. Every year, the Home Office previously and now the Ministry of Justice has had to find more money to put into the scheme to try to keep ahead of the claims. A realistic attempt to concentrate the funding on the most serious offences that have lasting or permanent consequences should enable us to pay those people more promptly, rather than paying quite as many people as we do at present for a wide range of injuries.

Detainee Inquiry

Debate between Lord Clarke of Nottingham and Robert Buckland

Wednesday 18th January 2012 Commons Chamber

[Mr Clarke]

It was discussed with Sir Peter Gibson and he agrees that this is the way to proceed. I did not personally have the conversation, but in the light of last week’s inquiry it was decided that it was sensible to discuss this with Sir Peter and he agrees with the decision we have taken to proceed in this way. I wish I knew how long the Metropolitan police investigations will take. I hope that they will not take as long as the Guantanamo Bay cases, but there is absolutely no basis on which I can properly intervene with the police. We want these matters to be investigated thoroughly so we will wait and see.

[Mr Robert Buckland (South Swindon) (Con)]

It looks increasingly clear that this is going to take years rather than months. Can my right hon. and learned Friend assure me that in the intervening time he will take particular care in defining the terms of reference on the Libyan dimension, which in my opinion is much wider than just rendition? What about, for example, the training of Libyan forces at the defence academy at Shrivenham? We need to narrow down the issues when it comes to Libya so that we can avoid the pitfalls that have beset the Gibson process thus far.

[Mr Clarke]

The intention was that the Gibson inquiry would cover that aspect of the Libyan allegations, particularly the two allegations of rendition, that fitted with the terms of reference the inquiry already had for the Guantanamo Bay cases, but a lot of issues have been thrown up by the Libyan allegations and we will consider how best to handle them. Unfortunately, the Metropolitan police are bound to take months at least, I should have thought, so we have time to consider how best to handle these matters.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 13th December 2011 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

13. If he will bring forward proposals to extend the power of the Attorney-General to refer unduly lenient sentences to the Court of Appeal for crimes aggravated by hostility towards disabled people.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

We have no plans to extend the Attorney-General’s powers in this field at present. However, as my hon. Friend will be aware, we are considering this issue carefully in formulating our response to the recommendations of the Equality and Human Rights Commission’s inquiry into disability-related harassment.

[Mr Buckland]

More work needs to be done to ensure that existing provisions allowing for longer sentences where offences are aggravated by disability hate are applied consistently. Would extending the Attorney-General’s powers of reference not help to establish greater consistency in sentencing?

[Mr Clarke]

I agree with my hon. Friend that this is an important area, because it is a particularly nasty element of crime when violence or something of that kind is provoked by hostility to a disabled person because of their disability. Sentencing guidelines already provide that this is an aggravating feature when someone is sentenced. Of course, if the Attorney-General uses his existing powers to appeal a lenient sentence, he can include cases where disability is a feature, for example, in an assault occasioning grievous bodily harm or something of that kind. But we are looking at the point again at the moment and I will bear my hon. Friend’s comments in mind.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 8th November 2011 Commons Chamber

[Mr Clarke]

I will heed my hon. Friend’s warning, but I think we probably all agree that the lay magistracy is one of the distinctive strengths of our justice system. It certainly makes a very valuable contribution, and I am glad to say that it is a popular form of volunteering. We obviously have to appoint strictly on merit, but we recruit more than 1,000 new magistrates every year and magistrates dispose of about 95% of the criminal justice work that goes through our system. I will take on board his points, and I hope that we can encourage people in Oxfordshire to carry on the essential work that they are doing for the good of the community.

[Mr Robert Buckland (South Swindon) (Con)]

16. What steps he is taking to increase the use of restorative justice.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 13th September 2011 Commons Chamber

[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.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 28th June 2011 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

T8. I welcome my right hon. and learned Friend the Secretary of State’s commitment to reducing reoffending rates. Does he agree that increasing the scope of judicial discretion, as outlined in the Bill, will go a long way to help to achieve that?

[Mr Kenneth Clarke]

I do, and I can reinforce my hon. Friend’s point with a remarkable statistic showing how the last Government were falling down in that respect. Some 29% of all sentences for indictable offences in 2010 were given to offenders with 15 or more previous convictions or cautions—up from 17% in 2000. We need a more intelligent and sensible system of sentencing, and I agree that a proper degree of judicial discretion is an important part of the system.

Reforming Civil Justice

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

Well, I hope I can answer yes to all those questions. We are talking about civil jurisdiction here; there is no criminal jurisdiction. I think civil justice should be quick, efficient and accessible to most members of society. As the hon. Gentleman will know, most ordinary people regard any question of being muddled up with litigation, or having to go to court, with mortal dread. Middle England—or middle Ireland—feels itself completely excluded from a civil justice system that exists for the very poor, the very rich or the big corporations. We are, I hope, moving in the direction of enabling the ordinary citizen to make some use of the civil justice system again, and without quite as much fear as most people have of it at the moment.

[Mr Robert Buckland (South Swindon) (Con)]

Although I think there will be a general welcome for the 10% uplift in general damages, which should help to cover the payment out of success fees by claimants, does my right hon. and learned Friend agree that in a small number of cases where special damages form the lion’s share of an award, there is still a live issue as to the potential erosion of the value of the damages awarded by the payment out of success fees to lawyers?

[Mr Clarke]

The cap of the success fee—which is a kind of bonus to a winning lawyer who has taken a no win, no fee case—will not be applied to special damages. As my hon. Friend rightly says, special damages can be enormous, such as in cases where the plaintiff has been disabled for life, and if the so-called success fee—the bonus—is taken as a percentage of that, it could be colossal, even though the size of the award might not reflect the complexity and difficulty of the case, but just the fact that the plaintiff was very severely injured. We are increasing damages by 10% of general damages, and we are capping the success fee that the plaintiff will have to meet at 25% of the general damages. Special damages will not be affected.

Rehabilitation and Sentencing

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 7th December 2010 Commons Chamber

[Mr Clarke]

I shall have a word with my right hon. and learned Friend the Attorney-General, because that is a perfectly valid point that we will consider. There is, of course, a higher penalty for causing death by dangerous driving, but the hon. Gentleman describes someone who behaved equally reprehensibly but happens not to have killed any of the victims. As I am arguing for discretion, we will look at whether the constraint is too tight.

In the case of ordinary dangerous driving without any serious consequences, and although I deplore all dangerous driving, we cannot start imposing heavy prison sentences on everybody who might otherwise be a blameless citizen and then behaves in an absolutely reprehensible way when driving his car. Some cases, such as the one described, make the case for having a look at the two-year maximum.

[Mr Robert Buckland (South Swindon) (Con)]

I welcome the proposal in the Green Paper to expand the principle of restorative justice, but will my right hon. and learned Friend assure me that any moves to expand that approach will be victim-led rather than offender-led?

[Mr Clarke]

The answer to that is yes, I will. Restorative justice is proving to be remarkably successful, but I take my hon. Friend’s point that it does not work if victims are not in the leading role. We have ensured very high levels of victim satisfaction in most of our experience so far of steadily spreading restorative justice.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 23rd November 2010 Commons Chamber

[Mr Clarke]

I think there is some confusion in the House about the convention that applies, which both I and my hon. Friend should resolve—although it is not my responsibility to resolve it. I take the view that I represent my constituents when they are in prison wherever it is that they are imprisoned, but I know that other MPs take the view that they represent every resident of a prison in their constituency. Perhaps we should resolve the parliamentary conventions on this matter at the same time as we have a look at which prisoners might have voting rights.

[Mr Robert Buckland (South Swindon) (Con)]

In considering the Government’s policy on this thorny issue, will the Secretary of State, if he has to abide by the ruling of the European Court of Human Rights, restrict the right to vote to those prisoners at the lowest level of seriousness—for example, those dealt with by the magistrates courts for summary offences only?

[Mr Clarke]

This applies only to prisoners—obviously, people who have not been in prison do not lose their vote at all. We have to comply with the judgment of the Court. The problem is that this extremely annoying issue will become even more annoying to the public and everyone else if we simply do nothing and wait until some huge financial judgment is made against the taxpayer, which will turn the present public anger into fury. That is why we are going to bring forward considered proposals. At the moment, someone not sent to prison does not lose their vote—irrespective of what other punishment they receive in their summary trial.

Guantanamo Civil Litigation Settlement

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 16th November 2010 Commons Chamber

[Mr Clarke]

It is the rule of law, I am afraid. The hon. Gentleman is prejudging the claims that were being fought out before the courts. The claims were for compensation for serious problems that these detainees had suffered—I have met these people. The argument was about the complicity of the British security services, which was not and is not admitted. The detainees were bringing a legal action. It might be that had this ever been fought to a conclusion, the court might have come to the hon. Gentleman’s conclusion that these claims were baseless, but we are never going to discover that now, because we have settled this. We did so as it was not worth discovering, because the bigger public interest was in making sure that we could put a line under all this, get back to having the reputation of our intelligence services restored and get Sir Peter Gibson to advise on how to make sure that that reputation remains intact in future.

[Mr Robert Buckland (South Swindon) (Con)]

Will my right hon. and learned Friend assure me that if these allegations were wild and unsubstantiated, as has just been suggested, the Government would not have been keen to settle these cases?

[Mr Clarke]

I think that in all forms of litigation it is wrong to start reading whether a settlement made with no admissions on one side and no withdrawal of allegations on the other indicates which side was winning—it does not necessarily do so. The fact is that these two sides were locked in litigation, which was going nowhere fast because of the very difficult legal problem of what evidence can be admitted and whether that evidence should be admitted publicly. If Members want, they can read into this that one side was admitting it or that the other side was producing frivolous claims and got away with murder. The court was entertaining these claims; 12 civil actions were under way. But I think everybody understands from the most extraordinary circumstances of this case that it was better to settle it than just to let it go on to see who eventually won. No one should read into this admissions of liability and no one should read into this that one side packed up its claims; we just agreed to come to a very sensible mediated settlement.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 19th October 2010 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Ministry of Justice and Department of Health Ministers and senior officials discuss offender health issues regularly. Over 17,000 prison officers received mental health awareness training between 2006 and 2009. A new mental health training framework was launched in 2009-10, which regional offender health teams now co-ordinate.

[Mr Buckland]

I am grateful to my right hon. and learned Friend for that answer and I am delighted to hear that his Department is working with the Department of Health. Will he do all that he can to work effectively with that Department to ensure the proper commissioning of mental health services, which will not only improve intervention in the police station, but ensure a wider range of effective sentences in our courts?

[Mr Clarke]

That is precisely what we want to do, and my hon. Friend’s approach is very much in the right direction. Much reform will take place in the Department of Health, including obviously the commissioning of services for mental health. It is important that account is taken of the need to commission proper services of all kinds for prisoners, and that is being taken on board by my right hon. Friend the Secretary of State for Health and his team. We will work closely with them. The present prison population includes people whose criminality goes alongside a definite need for support—in this case for mental health problems—which, if tackled successfully, might reduce their liability to reoffend.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 20th July 2010 Commons Chamber

[Mr Clarke]

I am afraid that the Government have inherited a situation, for which I blame the previous Government, in which we must tackle these solutions against a background of not simply being able to wheel in more resources. The first step is to make cuts in wasteful expenditure now. I accept quite a large part of the hon. Gentleman’s analysis and we should also consider how we look across all Government Departments and all sectors—we must take into account health, housing, employment, education and training at the same time as we consider policing, justice and imprisonment—because the whole picture contributes to the broken society and tackling it will help to contribute to a less criminal society.

[Mr Robert Buckland (South Swindon) (Con)]

T2. In the light of the Legal Services Commission’s recent misallocation of duty solicitor scheme membership and duty rotas for criminal legal aid work, will my right hon. and learned Friend undertake an urgent review of the LSC’s continuing inefficiencies?

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Robert Buckland

Tuesday 15th June 2010 Commons Chamber

[Mr Clarke]

The Government will give priority to victims to exactly the extent that the House would expect. It should be in the forefront of all our minds when trying to protect the country against crime that the interests of victims should be paramount. My reflection on this hour of questioning is that it is no good for the Labour party to respond to every suggestion that there might be budget constraints as though that represents a threat to an essential service. The fact is that there is no money, and that is the fault of those in the Labour party. They will not be taken seriously again until they face up to the reality of the situation to which they have largely contributed, and start producing some realistic alternative policies to challenge those being put forward by the Government.

[Mr Robert Buckland (South Swindon) (Con)]

Will the Secretary of State clarify whether his Department is to review the current system of classification of controlled drugs—which has been called seriously into question in recent months—and particularly the role of the Advisory Committee on the Misuse of Drugs?

[Mr Clarke]

We have been looking at practically every aspect of policy in our first weeks in office, but we are not rushing to readdress the categorisation of drugs and we are going to ensure that scientific advice on this subject is treated properly, objectively and in the public interest. Any views that my hon. Friend wishes to put forward on the workings of the present system will be carefully considered by myself and my team of Ministers.