Retained EU Law (Revocation and Reform) Bill

Debate between Oliver Heald and Robert Buckland

Consideration of Lords message
Monday 12th June 2023 Commons Chamber

[Sir Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the hon. Member for Stirling (Alyn Smith). His remarks are always couched in a pithy and clear way, but I disagree fundamentally with his point about a legislative consent motion. It is entirely within the rights of the devolved Administrations and their Parliaments to consent or not, but the very fact that a consent has not been granted should not be regarded as either legally or politically fatal to a Bill that clearly deals with the competences that lie here at Westminster.

I am afraid that the characterisation of the hon. Gentleman and the nationalists—the SNP and nationalist parties elsewhere—that this is a power grab away from Cardiff and Edinburgh in favour of Westminster is a complete misreading of the situation. These powers lay in Brussels, at the European level, and they are coming back to the next level of Government. That is not in any way some sort of reverse grab away from the devolved Administrations. It cannot be, and it does not follow. I speak not only using my experience as a lawyer, but as a former territorial Secretary of State. That characterisation has to be resisted at every turn.

I will now deal with the three particular issues that we have before us today.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Before my right hon. and learned Friend departs from his remarks in response to the hon. Member for Stirling (Alyn Smith) about Scotland, does he agree that, if laws are passed in Europe, they are a compromise representing the interests of 27 different countries? There is an opportunity for some smart deregulation, and that would be as beneficial to Scotland as to any other part of the UK.

[Sir Robert Buckland]

I entirely agree with my right hon. and learned Friend. At the risk of invoking the ire of my hon. Friend the Member for Stone (Sir William Cash), the new Companion of Honour, it is right to say that, although consensus was indeed the means by which regulations were agreed by the Council of Ministers, it usually involved the UK and its assent to that consensus. I know that is not quite the narrative that he agrees with, but we risk fighting the old battles that he and I were on either side of.

Oral Answers to Questions

Debate between Oliver Heald and Robert Buckland

Tuesday 11th February 2014 Commons Chamber

[The Solicitor-General]

The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.

[Mr Robert Buckland (South Swindon) (Con)]

The law of diminished responsibility very often depends on expert evidence from psychiatrists. In complex cases, decisions about such important offences are far too often made at the last minute. Is my hon. and learned Friend happy about existing protocols in relation to making sure that psychiatric evidence can be agreed at the earliest possible opportunity, and that the consequences of important decisions based on that evidence can be explained in ordinary English to the families of the victims?

[The Solicitor-General]

My hon. Friend makes the very important point that the bereaved should meet the prosecutor post-charge and pre-trial. As I said a moment ago, the troubled issue of the meaning of a recognised mental condition in these circumstances should be examined in a challenging way by Crown prosecutors.

Oral Answers to Questions

Debate between Oliver Heald and Robert Buckland

Tuesday 12th February 2013 Commons Chamber

[The Solicitor-General]

First, it is important that proportionality has been reintroduced to the Code for Crown Prosecutors. We have all seen examples of the schoolyard scuffle or other matters that should not be prosecuted, and where it is important to achieve a balance. On recording, the CPS keeps a considerable amount of records. Of course, that costs money and so there is a balance to be struck, but I will certainly think over the hon. Gentleman’s point.

[Mr Robert Buckland (South Swindon) (Con)]

I welcome the reintroduction of the proportionality test as part of the wider public interest test. Will my hon. Friend reassure the constituents I represent that the question of cost is but one of eight questions to be asked by Crown prosecutors when applying the public interest test, and that it will not be determined on the basis of cost alone?

[The Solicitor-General]

My hon. Friend makes the point better perhaps than even I could, but I will just make two short points. First, this is not just about cost, but about assessing cost, the likely sentence, the full circumstances of the case and the other points made by my hon. Friend. Secondly, with regard to effective case management, it is often important in a complex case to concentrate on the main and most serious suspects, and so this gives an opportunity for the prosecution to consider that.