Oral Answers to Questions

Debate between Michael Ellis and Stuart C McDonald

Thursday 10th December 2020 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Solicitor General referred to prosecuting the people who control the vessels, but they are, as my hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) said, the victims of these gangs—not members of the gangs—so there has been a change in CPS policy and practice. If he wants to prove me wrong on that, will he publish the new note or guidance on this offence that I understand was issued to CPS lawyers last month, and will he also publish details of any representations made by the Home Office in the last 18 months in relation to this offence?

[The Solicitor General]

As I say, the policy is clear on prosecutors’ obligations. They have obligations—the obligations that we have under article 31 of the refugee convention—and it is well to point out that those obligations are actually enshrined in our domestic legislation, here in this honourable House. The domestic legislation in section 31 of the Immigration and Asylum Act 1999 is quite clear in this area. Those who facilitate, control and engineer these offences are subject to prosecution.

Oral Answers to Questions

Debate between Michael Ellis and Stuart C McDonald

Tuesday 28th April 2020 Commons Chamber

[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?

Oral Answers to Questions

Debate between Michael Ellis and Stuart C McDonald

Thursday 13th February 2020 Commons Chamber

[The Solicitor General]

It is right that public legal education provides people with vital awareness, which is what it does. People need knowledge and understanding of their rights and responsibilities, but it is wrong to say it is a quid pro quo with legal aid. It acts as an adjunct to legal aid, and individuals face difficult challenges and sometimes require additional help. The pro bono work we see in the public legal education carried out by the legal and the third sectors helps to make a real difference. I have visited a number of locations, including the pro bono unit at the University of Leicester just last week, and they are helping people. This is a valuable exercise.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Understanding of the law is vital for the rule of law, but as the president of the Law Society reminded us this week, in the light of the deportation rulings, so, too, is judicial review. So why does No. 10 keep attacking judges, instead of law-breaking Ministers? Is judicial review not all the more important because although Parliament might not be “dead”, as the former Attorney General described it, it is utterly supine on providing checks on ministerial powers?

[The Solicitor General]

I do not think Parliament is supine in any context. The reality of the matter is that public legal education provides valuable insight and awareness to young people, in particular, about rights and responsibilities. I do not recognise the characteristic the hon. Gentleman puts on the issue.