Oral Answers to Questions

Debate between Nick Thomas-Symonds and Jeremy Wright

Thursday 2nd February 2017 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

If the Government were genuinely motivated to spend this money by wanting a definitive answer from the courts on a constitutional question, why did they not thank the judges in the divisional court in November for such a clear answer, instead of being in a position where the Justice Secretary had to be pressured into giving a lukewarm defence of them?

[The Attorney General]

No, the Government have always been clear that, at every level, the courts are entitled to consider the cases brought to them and to reach whatever judgment they think appropriate in the light of the arguments they have heard. That was true in relation to the High Court and it is true in relation to the Supreme Court, too. But the hon. Gentleman knows, as an eminent lawyer himself, that the appropriate thing to do if we disagree with the court of first instance is to appeal the judgment. That is exactly what the Government did, doing exactly what any other litigator would do—and, incidentally, exactly what some litigators in this case did in Northern Ireland.

[Nick Thomas-Symonds]

Is it not absolutely remarkable that we have significant numbers of litigants in person in our courts because of the Government’s legal aid cuts, yet when the Government wanted a lawyer, the money was found? Is it not the case in terms of access to justice that there is one rule for the Government and another rule for everybody else?

Oral Answers to Questions

Debate between Nick Thomas-Symonds and Jeremy Wright

Thursday 27th October 2016 Commons Chamber

[The Attorney General]

My hon. Friend is right that although we should welcome the increased volume of prosecutions that are taking place, there is still a divergence in the way in which this is done across the country. For that reason, the CPS has set up a national delivery board and is looking at ways in which we can understand why those differences exist and is attempting to resolve them. As my hon. Friend says, this is also a matter of making sure that prosecutors are properly trained, as they are, and have the resources they need to do the job well.

[Nick Thomas-Symonds (Torfaen) (Lab)]

As this is my first question in this role, I refer to my entry in the Register of Members’ Financial Interests and the fact that I am a non-practising door tenant at Civitas Law in Cardiff.

The Attorney General will be aware of the grave recent concern about the admissibility of a complainant’s previous sexual history in rape trials. Does he agree that single, high-profile cases can give rise to wider perceptions about the law, partly because of the level of coverage they receive, and will he undertake to tackle those wider perceptions?

[The Attorney General]

I welcome the hon. Gentleman to his new responsibilities. It is good to see him across the Dispatch Box. He will be pleased to learn that this is probably the only part of Parliament where he does not have to apologise for being a lawyer.

There is concern about the subject that the hon. Gentleman has raised, and we need to accept that that concern is sensible and deal with it. We need to look at a number of things. We need to understand more about the decision in this particular case. We need to understand whether a change in the law is appropriate and, if not, whether it is sensible to look at the guidance that is given to judges about when such evidence is admissible and at the guidance that judges give to juries about how that evidence should be used. We need to do all those things before we are in a position to understand what, if any, changes are needed.

[Nick Thomas-Symonds]

I am grateful to the Attorney General for his welcome and I look forward to debating with him and, indeed, my fellow Welsh lawyer, the Solicitor General, across the Dispatch Box.

Prosecution lawyers will, of course, deal with these applications for the admissibility of a complainant’s sexual history before the courts. I am glad to hear that the Attorney General has committed to looking at the guidance given to judges and at what judges say to juries. In addition, will he look at the guidance given by the Crown Prosecution Service to the lawyers who appear before the courts and regularly deal with these applications?

[The Attorney General]

Yes, I will. He will know that in the case he raises the Crown Prosecution did indeed oppose the admission of this evidence at the Court of Appeal stage. It is certainly worth looking at all the guidance and indeed at the whole picture. This provision is, as far as I am aware, not routinely used, but we must be confident that the message sent to those who are willing but currently worried about reporting these sorts of offences is not that they are not encouraged to do so—quite the reverse; they are. We need to ensure that those messages are clear.

Oral Answers to Questions

Debate between Nick Thomas-Symonds and Jeremy Wright

Thursday 21st July 2016 Commons Chamber

[The Attorney General]

We will undoubtedly need the best advice we can have and the best trade negotiators we can have. Of course, the Government already have some of that capacity, but the Department responsible is looking carefully at exactly what additional capacity we will need to gain, and as soon as it is in a position to give that information to the House, I am sure it will do so.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Our membership of the European Union has brought about substantial enhancements in our health and safety laws. Will the Attorney General guarantee that, with leaving the European Union, none of those health and safety laws will be weakened in any way?

[The Attorney General]

I agree with the hon. Gentleman that there are many of those regulations that we will wish to retain, but of course the exercise of looking at exactly which parts of the canon of European law we wish to transfer into UK law, which we wish to adapt and which we may not wish to continue with at all, is a very lengthy one that we will need to continue with. But I agree with him that it will not, in all likelihood, be the case that all of those rules and regulations will be dispensed with altogether, and both businesses and those who are employed by them benefit from some of those measures.

Oral Answers to Questions

Debate between Nick Thomas-Symonds and Jeremy Wright

Thursday 14th April 2016 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

A condition of our membership of the European Union is that we are also a signatory to the European convention on human rights. Can the Attorney General confirm that this Government are committed to remaining a signatory to the convention and not to join Belarus, the only European country that is not a signatory?

[The Attorney General]

I am not sure that the hon. Gentleman’s first statement is entirely correct, but the Government’s intention is nevertheless clear: we are not seeking to leave the convention but we are seeking to construct a better and more sensible arrangement on human rights law in this country. We do not think that the interpretation of the convention by the European Court of Human Rights is always sensible, and we wish to see a good deal more common sense being brought into human rights law. I regret that that opinion is not shared by Her Majesty’s Opposition.

Oral Answers to Questions

Debate between Nick Thomas-Symonds and Jeremy Wright

Thursday 15th October 2015 Commons Chamber

[The Attorney General]

My hon. Friend can tell his constituents, as we should all tell our constituents, that manifesto promises matter, and this Government intend to honour their manifesto. Of course, a manifesto does not all have to be delivered in the first six months of government. We will seek to do so as soon as possible. I know that the Justice Secretary and his colleagues are working very hard on bringing forward proposals.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Does the Attorney General accept that the continuing uncertainty about whether the UK will remain a signatory to the ECHR is itself damaging? Given that the proposal for a British Bill of Rights has been around in the Conservative party for a considerable time, why cannot the Attorney General be certain and tell us whether the UK will remain a signatory to the ECHR or not?

[The Attorney General]

I do not accept that that uncertainty is damaging. What is happening is that we are seeking a better settlement on the arrangements at Strasbourg. We believe that, on issues such as prisoner voting, it is important that this House, not the Court in Strasbourg, should make the decision. That requires a discussion with the Council of Europe. That discussion will take place. It is important that we on the Conservative Benches at least say that the status quo is unacceptable and that we need to do something about it. If the Opposition believe that the status quo is acceptable, they should make that clear.