European Union (Notification of Withdrawal) Bill

Debate between Lucy Frazer and Michael Gove

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Michael Gove]

My hon. Friend is absolutely right, and there is a particular element to it, as well. One of the important principles of our constitution, which as a former Justice Secretary I wholeheartedly believe in, is the principle of judicial review. It is absolutely right that Executive action should be subject to judicial review. It is the only way, apart from the exercise of power in this House, that we can be certain that the Executive is following the rule of law. I am one of those people, albeit that I campaigned for and voted for us to leave the European Union, who was pleased that the Supreme Court held this Government to account so that we have this legislation before us now.

Having said all that, and having placed on the record my support for both this legislation and the principle of judicial review, if we accept any of these new clauses or amendments, we will subject the operation of article 50 to judicial review. That would mean that if any single one of these impact assessments were not prepared in exactly the right way, at the right time, with appropriate care, the whole process and the democratic will of the British people could be upended. Different people have different views about experts—I shall come on to them in a few moments—but I know whereof I speak.

As I have said, I made a number of mistakes during my ministerial career—too much for us to be able to run over now, given that our debate has to close at 9 o’clock. One thing I remember is that judicial review on the basis of a relatively small infraction, as admitted by the judge, of an equality impact assessment—one I deeply regret—nevertheless resulted in the paralysis of this Government’s school capital building programme. Now, if we want to create a feast for lawyers and a festival for litigators, we should accept these new clauses and bring in these amendments. In so doing, we will see the tills ching in the Middle and Inner Temples and hands wring up and down the country, as we once again frustrate the will of the people.

[Lucy Frazer (South East Cambridgeshire) (Con)]

My right hon. Friend makes a very powerful argument. Does he remember that during the campaign, an assessment of the economy was given by the former Chancellor of the Exchequer? Does he remember whether it was accepted by the Opposition, or whether the Leader of the Opposition said that he did not accept the assessment and would not implement it?

[Michael Gove]

Again, my hon. and learned Friend, who is a silk and who took with forbearance my comments about lawyers before making her own very acute point about economics, is absolutely on the button.

Are we to accept that for the first time ever, once the impact assessments have been published, an official Government document will be taken by my friends in the Scottish National party or the Labour party as holy writ? Are they going to say, “Thank heavens, this document bears the name of the Secretary of State for Exiting the European Union, so it absolutely must be right, because this is the only way in which I can form a judgment on whether or not leaving the European Union will be a success”? Can I expect the hon. Member for Ross, Skye and Lochaber (Ian Blackford) to say, “Oh look, the impact assessment from the Department for Exiting the European Union said X, and now, six months later, X has been satisfied, so I am going to give up and accept that the Secretary of State is right, because everything that he has done is in accordance with what he has previously said he would do”?

Prisons and Secure Training Centres: Safety

Debate between Lucy Frazer and Michael Gove

Monday 11th January 2016 Commons Chamber

[Michael Gove]

Neither I, the Youth Justice Board nor the Ministry are in denial about the scale of the problem that we face. One reason why we initiated this review, which started in September, was that we realised that there was much that needed to be done to improve the care and welfare of young people in custody and those who come into contact with the criminal justice system. One reason why I have responded as I have done today is that I am determined to ensure that Charlie Taylor has all the support he needs to make radical suggestions, if necessary, to transform the opportunities available to those young people. But as has been pointed out by the right hon. Member for Orkney and Shetland (Mr Carmichael) and my hon. Friend the Member for Kettering (Mr Hollobone), there are so many different parts in the criminal justice system that relate to the fate of young people and for which this Government are responsible, from social work through education to the secure estate, that we need to be clear that when we come forward with proposals, they are coherent and meet the need of the hour.

[Lucy Frazer (South East Cambridgeshire) (Con)]

Locking up young offenders has consequences of all kinds. Do events such as the one in question further persuade the Secretary of State that there is merit in monitoring low-level drug and alcohol offenders, rather than in sending them to prison?

[Michael Gove]

My hon. and learned Friend has a detailed knowledge of the criminal justice system. It is appropriate and important that the option of custody is always available. There will be some young offenders for whom a custodial sentence is appropriate, but it is also right, in particular where we can keep people out of custody and deal with drug, alcohol or substance abuse or mental health problems, that we make sure that there is an appropriate intervention that keeps them out of the sometimes tough and brutal environment of prison, but only if we can be certain that the intervention is getting their life back on track.