Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 12th September 2023 Commons Chamber

[Mike Freer]

I took quite a bit of time to read the report from the Magistrates Association on inaccessible courts to ensure that, where we can make reasonable adjustments, we make them, and that where we need to make more substantial investment to make the courts more accessible, particularly to make them compliant with the Disability Discrimination Act 1995, we do so and those works are prioritised. We continue to work on new courts, as in Blackpool and the City of London, to ensure that the estate is modernised and we have courts that are accessible and fit for purpose. The point is well made and it is in hand.

[Michael Fabricant (Lichfield) (Con)]

15. What training is provided to magistrates to help ensure impartial decision making.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

To preserve the independence of the judiciary, the Lord Chief Justice has a statutory responsibility for the training of the judiciary under the Constitutional Reform Act 2005, and that includes magistrates and their legal advisers. Magistrates, and the legal advisers who support them in court, must complete induction training before hearing cases and, once magistrates are sitting, continuation training is provided on regular cycles. Impartial decision making is woven throughout all the material.

[Michael Fabricant]

I thank the Minister for his answer. Chris Pincher and I have been working very closely to ensure that the police act strongly and swiftly in Shenstone near Lichfield over constant demonstrations at an Israeli company that supplies arms to the British armed forces. Two people went to trial at a magistrates court in Walsall and they were acquitted. It is reported—we do not know for sure because it is not a court of record—that the judge said

“on the principle of proportionality…their action was proportionate in comparison to the crimes against humanity which they were acting to stop”

by the Israelis. I think that, if it were true, is outrageous. What can be done within the judicial system to ensure that that sort of thing does not happen, if indeed it did?

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 8th December 2020 Commons Chamber

[Lucy Frazer]

The right hon. Member mentioned the fact that we had overcrowding. I would like to point out that overcrowded accommodation has gone down since the Labour Government in 2004. He also mentioned the increase in the prison population. That is not something that has just occurred under this Government. Labour failed to reduce the prison population, which increased by nearly 25,000 between 1997 and 2010. We have already made significant progress on the development of two prisons, and we have made a commitment to build others. Those plans are well under way, and we will be delivering them.

[Michael Fabricant (Lichfield) (Con)]

What plans he has to review the relationship between Government, Parliament and (a) the Supreme Court and (b) other courts; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

As set out in our manifesto, we are looking at the broader aspects of our constitution, including the relationship between the Government, Parliament and the courts. Our independent courts and legal system are respected around the world, and I would like to protect our world-class judiciary from being drawn into political matters. I am interested in reviewing the Constitutional Reform Act 2005, and I will update the House on arrangements in due course.

[Michael Fabricant [V]]

My right hon. and learned Friend will share with me—indeed, I suspect the whole House will share with me—the respect we have for our Supreme Court and its judgments. Nevertheless, it is called in from time to time to look at issues that are highly political and highly contentious. Does he not agree with me that we urgently need to establish some sort of framework so that we can decide precisely what the Supreme Court should be looking at and what issues are perhaps beyond or different from its remit?

[Robert Buckland]

I am grateful to my hon. Friend, and I understand the concern that he outlines. Of course, the Supreme Court does not of its own volition investigate matters. It hears cases and answers the questions before it on arguable points of law of general public importance. However, as I have already said, I think it is important that we look again at the balance. As a full-throated supporter of an institution that brings together the three jurisdictions of our United Kingdom, I want to make sure that its future is indeed a secure and a bright one.

Terrorist Offenders (Restriction of Early Release) Bill

Michael Fabricant Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I beg to move, That the Bill be now read a Second time.

Twice in the past few months we have seen appalling and senseless attacks on members of the public by terrorist offenders. At Fishmongers’ Hall on 30 November last year, two bright and promising young lives were cut heartbreakingly short. The perpetrator, Usman Khan, had been released automatically halfway through a 16-year sentence for preparing terrorist acts. That tragedy was made so much more poignant by the fact that the victims were dedicated to the rehabilitation of offenders, and were helping people to get their lives back on track.

The attack in Streatham on 2 February this year came as a stark reminder of the risks when these sorts of offenders are let out automatically before they have served their full sentence in prison.

[Michael Fabricant (Lichfield) (Con)]

A number of people may question why we are rushing through this business in one day today, so may I ask my right hon. and learned Friend, if the business were not completed today and the Bill therefore not enabled as an Act, would it result in terrorists being released early in the immediate future?

[Robert Buckland]

The simple answer is yes; I am grateful to my hon. Friend for that intervention.

I was telling the House about the events in Streatham. Sudesh Amman had been released just one week before the attack, halfway through a sentence of three years and four months for offences related to distributing or promoting material intended to stir up religious hatred. The automatic nature of his release meant that there was no parole oversight and no decision as to whether he posed a risk to the public. No one could prevent his release. It is purely thanks to the swift intervention of our incredible police officers that he did not go on to commit even more harm before he was stopped with necessary force. The reality is that we face an unprecedented threat from terrorist offenders who are willing to commit random violence without any fear of the consequences.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

8. What steps the Government are taking to improve access for offenders to employment and literacy education.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

12. What steps the Government are taking to improve access for offenders to employment and education.

[Mr Speaker]

I call Michael Fabricant; get in there, man.

[Michael Fabricant]

I will!

My hon. Friend the Minister knows that 46% of prisoners have a literacy age of only 11. That proportion is three times the national average, which is still too high. Does he agree that that lack of literacy is often the reason why people go to prison in the first place? Will he explain in a bit more detail how we can reduce the illiteracy level so that we do not get reoffending?

[Mr Speaker]

Not too much detail.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 7th March 2017 Commons Chamber

[Sir Oliver Heald]

It is important for that balance to be struck. The whiplash proposals relate to the most minor claims—cases in which the pain and suffering lasts for up to two years. Even then, there is provision for judges, in exceptional cases, to award more than the tariff that is proposed. When serious injuries are involved, however, the system will continue as it is now. It will still be designed to recompense people properly for the injuries that they have suffered.

[Michael Fabricant (Lichfield) (Con)]

A few years ago, I was shunted up the backside—my car was, I mean. Although I was perfectly well, I received a phone call from someone who asked me whether I had whiplash. I said, “No, I do not have whiplash.” The person said, “Oh, go on! Say that you do have whiplash.” I did not do that, because I am an honourable person. My right hon. and learned Friend is absolutely right to reduce the number of bogus claims.

[Mr Speaker]

I am very sorry that the hon. Gentleman is so accident-prone. I remember serving on a Bill Committee with him many years ago, and receiving the distressing news that he had been bitten in a sensitive place in the course of an excursion overseas. He really does seem to suffer a disproportionate share of ill fate.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

I am working with the Home Secretary on arrangements for criminal justice after leaving the European Union, as well as with my right hon. Friend the Secretary of State for Exiting the European Union.

[Michael Fabricant (Lichfield) (Con)]

The Justice Secretary has already said that four of the 10 biggest legal firms are based in the United Kingdom. What steps is she now taking, given the similarity between English law and the law in New York state, Australia and New Zealand, to promote opportunities for British law firms after we leave the European Union?

[Elizabeth Truss]

Last week, I hosted a meeting with the Lord Chief Justice and leading legal firms to talk about mutual recognition and enforcement of contracts. In the spring, we will hold a global Britain legal services summit to promote the fantastic capabilities we have in the law.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

It is not the job of the Government or the Lord Chancellor to police headlines. The process is working absolutely as it should. People have a right to bring a case to court. The Government have the right to defend our position in the court. The judiciary is independent and impartial, and the press can scrutinise the process within the law.

[Michael Fabricant (Lichfield) (Con)]

I agree with my right hon. Friend. As we sit here today in this Parliament, just across Parliament Square the Supreme Court is sitting with 11 Supreme Court justices. Does she not agree—and does this whole House not agree—that the integrity of the Supreme Court and the justices should not be impugned?

[Elizabeth Truss]

I completely agree with my hon. Friend. As I said last month, the Supreme Court justices are people of great integrity and impartiality.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 8th March 2016 Commons Chamber

[Caroline Dinenage]

I am certainly keen to take another look at that. Although sentencing is a matter for the courts, work is ongoing to improve the quality of the information that sentencers receive about community-sentencing options and we want to look more at that moving forward.

[Michael Fabricant (Lichfield) (Con)]

7. What steps his Department is taking to improve mental health and substance misuse treatment in prisons; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Michael Gove)]

Providing appropriate treatment at the right time is vital to improve outcomes for people with mental health problems. The NHS of course does a superb job in providing services for prisoners, but we want to give governors a much bigger role in helping to secure the treatment that prisoners need.

[Michael Fabricant]

I am grateful for that answer. Drones can be great fun. I have been promised one for my birthday in June and I am looking forward to getting it. However, as my right hon. Friend says, this is a serious subject. Substance abuse is even more serious. Is he aware of press reports that drones are being used to smuggle drugs, mobile phones and other things into prisons? If he is aware of that, what can we do to stop it?

[Michael Gove]

The fact that it is my hon. Friend’s birthday in June means that I am looking forward to celebrating two significant anniversaries in that month. His substantive point is actually very important, because even though instances are still mercifully rare, there is a real danger that drones can be used to smuggle contraband into prisons: mobile phones that can be used in criminal activity; and drugs that can be used in unfortunate ways. That is why we have introduced new legislation to make it illegal to land a drone in a prison or to use a drone to drop contraband.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 26th January 2016 Commons Chamber

[Michael Gove]

I enjoy meeting both the Home Secretary and the Immigration Minister, and this Government would never do anything that was contrary to the rule of law, but we must ensure that we safeguard our borders. It is an issue of profound public concern that immigration across the European Union is not being effectively controlled. Our Home Secretary is in the lead in taking the measures necessary to keep our borders secure. I would have thought it would be in the interests of every citizen of the United Kingdom to stand behind her in that fight.

[Michael Fabricant (Lichfield) (Con)]

T10. Further to the question asked by my hon. Friend the Member for North Warwickshire (Craig Tracey), does my hon. Friend agree that people in this House will find it despicable that two firms and possibly more are actively seeking—soliciting, in fact—people in Iraq to make spurious and bogus claims against our servicemen overseas? Will he reject reports in newspapers that we still intend to give legal aid to these appalling claims?

[Mr Raab]

My hon. Friend will have heard my earlier remarks. I am concerned about the way in which the system operates. It is important to say that there is accountability for any wrongdoing, but that does not mean giving lawyers a licence to harass our armed forces. We will look at every angle, including the point about legal aid that he made, as well as no win, no fee, and, of course, disciplinary powers against lawyers who try to abuse the system.

Oral Answers to Questions

Michael Fabricant Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

May I remind my hon. Friend that it was the English Parliament that brought in the Bill of Rights in 1688 and the British Parliament that brought in the Human Rights Act only 310 years later in 1998? Like so much legislation at that time, there were unintended consequences. Will the Minister therefore not listen to Opposition Members and get on with it?

[Mr Raab]

My hon. Friend expresses himself in his usual tenacious and powerful way. It is true that the Conservatives have a long tradition of upholding freedom under the rule of law. We want to protect and strengthen that tradition, but we also want to avoid human rights being abused. We want this place to have the last word on where the bar is set for human rights, and we want the Supreme Court to be the ultimate body deciding on and interpreting them.