Michael Ellis
Main Page: Michael Ellis (Conservative - Northampton North)Department Debates - View all Michael Ellis's debates with the Attorney General
(3 years, 12 months ago)
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The Solicitor General (Michael Ellis)
Thank you very much, Mr Speaker. It is a pleasure to be here and to see you—virtually or otherwise.
Her Majesty’s Government are actively considering a range of further options for managing the effect of the outbreak of covid-19. A careful assessment of any implications for civil liberties, including the impact on human rights, equality and privacy, will be an important part of these considerations.
Afzal Khan [V]
I welcome the Government’s new focus on testing, tracing and containing the coronavirus, and I believe that the NHS contact tracing app has an important role to play. However, does the Attorney General agree that the legal basis for processing personal data by such an app should be set out in legislation and that this should include a measure that ensures the app stores data in a decentralised manner?
The Solicitor General
I am very pleased that the hon. Gentlemen is supportive of the contact tracing app. It is very important because everyone will benefit from the app. If enough people with smartphones download it, it will help stop the spread, slow the epidemic, and protect the NHS. I can assure him and others that the app will be for voluntary participation only. There will be no private identifiable information on it. The whole process will be compliant with data protection and there will be an ethical advisory board monitoring it.
Ellie Reeves (Lewisham West and Penge) (Lab) [V]
We support the development of the app, which could be central to the lifting of the lockdown. However, to be effective it would require more than 60% of the population to sign up, and achieving that would require trust from the public. Will the Solicitor General confirm that the legal basis for processing data under the app will be set out in primary legislation? Will he also confirm that any measures will be compliant with the general data protection regulation, both now and after the Brexit transition period?
The Solicitor General
I welcome the hon. Lady to her place. Stakeholder engagement in this matter has been crucial, and continues to be. We have been consulting not only the ethics advisory board for the app, which is chaired by Professor Sir Jonathan Montgomery, but the Information Commissioner, the Centre for Data Ethics and Innovation, the National Data Guardian and many others. Trust is important—it always is—but this app is from NHSX, the tech arm of the NHS, and in this country we trust our NHS with our data. The app is going to be heavily protected and I am confident that it will be very popular.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]
The Information Commissioner has said that the
“starting point for contact tracing should be decentralised systems that look to shift processing on to individuals’ devices where possible.”
Why have the Government apparently gone against that advice and reportedly opted for a significant centralised data-gathering system, with all the challenges and risks that that brings?
The Solicitor General
The app is being developed with expert assistance from a plethora of different sources. Data on the app will not be held any longer than is absolutely necessary, and civil liberties and the privacy of information are absolutely crucial to the development of the app. We want people to trust it and to use it—it is going to be important to protect the NHS and to save lives—so every single mechanism we have will be utilised to protect the privacy of data.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
Sarah Atherton (Wrexham) (Con)
The Solicitor General (Michael Ellis)
As one of the Government’s pro bono champions, I am proud to support the valuable work provided by the legal and pro bono sectors. I regularly engage with pro bono stakeholders to engage directly with their work. Covid-19 has affected all frontline services, and the pro bono sector is not unaffected. I applaud the efforts of law clinics and pro bono services to continue to provide advice, where possible, over the phone, by email and digitally.
John Lamont [V]
The pro bono offer in this country is incredible, and I pay tribute to all those in the legal services market who provide free legal services. Does the Solicitor General agree that we need to do more to promote greater awareness among the public about the legal services that are on offer in this country?
The Solicitor General
Yes, absolutely. It is of the utmost importance that members of the public are aware of their rights and responsibilities, as well as the rights of other citizens; this builds confidence and the skills needed to deal with disputes, and ensures that everyone has access to justice. For example, last year 500 schools, 7,500 students and 1,400 legal practitioners supported mock trials in schools. Such work builds on confidence and will support those in the pro bono sphere.
Sarah Atherton [V]
Many smaller legal firms want to offer free legal support to those who cannot afford it. Agencies, such as the citizens advice bureau in Wrexham, facilitate pro bono opportunities, and solicitors are covered by those agencies’ professional indemnity insurance. Demand exceeds supply and waiting lists are long. Does my right hon. and learned Friend feel we should incentivise smaller legal firms to undertake pro bono work?
The Solicitor General
Yes, increasing numbers of lawyers at all levels are already undertaking pro bono work, as my hon. Friend knows, because they recognise the truth—that it makes a real difference to people, communities and those who would otherwise be denied access to justice. I do encourage all firms of any size to take part; it is a commendable gesture. After all, we know that the legal community rallies admirably to support victims in their hour of need. The covid-19 pandemic is no exception, and I want to encourage lawyers to do as much as they can in that regard.
Ellie Reeves (Lewisham West and Penge) (Lab) [V]
The Bar Council survey of 145 chambers revealed that 81% cannot survive the next 12 months without additional support. Similarly, many law firms are also struggling to make ends meet. Even before the pandemic, the publicly funded legal sector was already on its knees due to cuts to legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, hindering not only pro bono work but access to advice and representation across the piece. Will the Law Officers work together with us, at this time of national crisis, and commit to reversing LASPO?
The Solicitor General
The Government continue to prioritise legal aid for the matters that need it most—where people’s life or liberty is at stake, where they are at risk of serious physical harm or where children may be taken into care. Pro bono work is an adjunct to, not a substitute for, legal aid funding. We recognise that as Law Officers. It is correct that coronavirus has had a profound impact on us all and will inevitably have an impact on legal advice, provision and services, as it has on all other services, but guidance has been published by the Legal Aid Agency and the Courts and Tribunals Service, and I recommend people check online for the latest information.