Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 8th December 2020 Commons Chamber

[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.

[Joanna Cherry (Edinburgh South West) (SNP)]

The terms of reference for the Government’s review of the Human Rights Act 1998, which were announced yesterday, include the relationship between domestic courts and the European convention on human rights. But of course human rights themselves, as opposed to the Act, are not a reserved matter, and Scotland’s courts play an important role in supervising human rights protections under the Scotland Act 1998. So can the Lord Chancellor give me a cast-iron guarantee that the British Government are not planning to interfere with the competence of the Scottish Parliament in respect of human rights and the jurisdiction of Scotland’s separate legal system in enforcing human rights protections?

[Robert Buckland]

I am happy to assure the hon. and learned Lady that the terms of reference have been carefully couched to make it clear that we have distinctive contexts and natures in each of the jurisdictions, and that they will be considered where that is necessary. I am also content that where there are particular questions on devolved matters or of a devolved nature, the independent review will be approaching or inviting engagement from all appropriate parties. Of course, it is only the first stage in making recommendations. I can assure her that any proposals that will come forward will of course involve the fullest consultation with the devolved Administrations and, indeed, of course the fullest respect for the devolved settlement.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Can I welcome the tone of my right hon. and learned Friend’s statement and his very clear commitment to supporting the independence of the judiciary? That is an absolute and fundamental principle of our constitution, and should never be undermined by anyone. Can I also welcome the terms of reference of the review, which are balanced and measured in relation to the Human Rights Act and, in particular, the quality of the panel that has been appointed? I happen to have known Sir Peter Gross throughout my professional career, and he is known as both a man and a judge of the highest independence and integrity, as are the other members of the panel. Perhaps my right hon. and learned Friend can reassure us that they will have a completely free hand to act as they think is appropriate within the terms of reference, without any pressure on their independence from any quarter.

[Robert Buckland]

My hon. Friend the Chair of the Justice Committee is absolutely right to highlight the impeccable credentials of the chair, Sir Peter Gross, not only as a distinguished former Lord Justice of Appeal, but of course as the judge responsible for international relations: he understands very well the issue of judicial diplomacy, which is very much at the heart of this review. I am glad that the geographical representation also includes an academic from the Republic of Ireland, because it is my fundamental belief that we need to look at the position in all parts of our islands to respect not only the human rights settlement, but the Belfast agreement.

[Mr David Lammy (Tottenham) (Lab)]

The independent review of the Human Rights Act will have an enormous impact on the basic rights and freedoms that British citizens enjoy. The Government caused outrage by failing to publish submissions to the independent review of administrative law. Transparency and accountability are fundamental parts of our democracy. Will the Secretary of State guarantee that both the submissions to the human rights review and the review itself will be published in full?

[Robert Buckland]

I think perhaps the right hon. Gentleman is to be forgiven for his descent into hyperbole when it comes to the ambit of this review. It is all about the mechanism, and comments about fundamental rights being affected are way wide of the mark. First, with regard to the process in the review, it is a matter for the review as to what precise submissions it publishes, but I can assure him that the outcome of the review and the Government’s position will of course be published in full, so that he will be able and others will be able to digest it and we will be able to debate the matter.

[Jeff Smith (Manchester, Withington) (Lab)]

What progress he has made on tackling backlogs in HM Courts and Tribunals Service.

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[Wes Streeting (Ilford North) (Lab)]

What progress he has made on tackling racial disparity in the youth justice system since the publication of the Lammy review in September 2017.

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

We have taken important action across the review recommendations. For the three recommendations specific to youth, we have promoted parental and community involvement in referral order panels and evaluated an update of the Youth Justice Board’s ethnic disproportionality toolkit. Beyond that, we have now ended automatic disclosure of youth cautions on criminal records. We have put equalities plans in all young offenders institutions and are piloting the Chance to Change alternative to charge, which was one of the recommendations of the review. However, there is no quick fix and more work will continue to be done.

[Stephen Morgan]

With fewer than half of the Lammy review’s recommendations having been enacted and with many others from many other reviews into deaths in custody still outstanding, what can the Secretary of State do to assure black, Asian and minority ethnic communities that the Government are not just dragging their feet on racial disparity in the justice system?

[Robert Buckland]

I can assure the hon. Gentleman that that is far from the case. Indeed, 16 recommendations have been completed. There are two recommendations that we did not take up, but of the 17 that are still in progress, we aim to complete 11 within six to 12 months. I am being told that the further six will take slightly longer. That is not good enough for me and I will be going back to my officials to make sure we make earlier progress. I can assure him that, as overall numbers go down in the youth estate, what concerns me is that we are still seeing a disproportionate number of BAME children being held in custody, even though the overall numbers are now dramatically fewer. There is clearly more work to be done on that front.

[Sarah Owen]

The Lammy review was published in 2017 and it said that racial inequality and unfairness runs rife throughout our country’s justice system. At that time, zero Supreme Court judges were black. That number is still zero. In fact, not a single Supreme Court judge is from a black, Asian and minority ethnic background. Why does the Secretary of State think that is and what are his Government doing to change it?

[Robert Buckland]

Like the hon. Lady, I want to see far more people from a diverse and BAME background in the senior judiciary. The truth is that the senior judiciary is often a product of the supply into the legal professions some 20 or more years ago, when we know things were not as promising when it comes to diversity as they are now at the Bar, in solicitors’ practices, or for legal executives and Government lawyers, for example. However, we cannot use that as an excuse, which is why I am working hard with the senior judiciary and the chair of the Judicial Appointments Commission, as part of the Judicial Diversity Forum. We are meeting again this week and in my convening role I am pushing all sides, the Bar Council and the Law Society, to come up with more plans and more engagement, so we can help and support BAME candidates ahead of any application processes to level that playing field.

[Wes Streeting]

In a 2020 update on progress against the Lammy review, the Secretary of State said:

“It is crucial, if everyone is to have confidence in our system, that the people working in it reflect the diversity of Britain today.”

Yet in written answers to my hon. Friend the Member for Hove (Peter Kyle), the Ministry of Justice confirms that there are zero BAME staff working for the Youth Justice Board outside London. What is the Secretary of State going to do to make sure the system reflects the communities those people are serving?

[Robert Buckland]

I am grateful to the hon. Gentleman. I know the new chair of the Youth Justice Board, Keith Fraser, will be particularly concerned about that figure. I reassure the hon. Gentleman that in many other areas we are seeing BAME representation higher than the national average. For example, there is an extremely encouraging figure for the probation service. I will look at that particular issue and discuss it with the chair of the YJB, because clearly he feels strongly about BAME issues and he will want to take appropriate action to see what we can do to improve that.

[Peter Kyle (Hove) (Lab)]

In 2016, 22% of kids sentenced were black and minority ethnic. Now, it is 27%. Some 41% of youth prisoners were black and minority ethnic. Now, it is over half. The proportion of black and minority ethnic young people subject to the use of force in youth prisons has gone up from 41% to 48% since the Lammy review. This Government have been in power for 10 years. It has been two years since the Lammy review. It is not that not enough progress has been made; things are going backwards. Why should anybody have faith that this lot can sort it out?

[Robert Buckland]

With respect to the hon. Gentleman, he is just wrong about that—totally wrong. In the last 10 years, there has been a fall of 83% in the number of children receiving a caution or a sentence, and last year there was a fall of 19%. That means in actual numbers of lives and families, the number of children and BAME children affected is reducing. I accept the point about disproportionality—I acknowledged it earlier—but it is a calumny to say that the Government are inactive or uninterested in the issue. We have made incredible progress in 10 years. The child population in our young offender institutions or other institutions is now down to about 500. That is a generational low, and he should pay tribute to the Government for presiding over such dramatic change.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

What steps his Department is taking to improve access to child trust funds for parents of young adults with learning disabilities.

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

Justice is a vital public service and a cornerstone of our success as a society, which is why the Chancellor of the Exchequer announced huge investment in the system as part of his recent spending review. Part of that money will go towards the recovery and restoration of justice from the effects of covid-19, notably in the Crown courts, and to support victims as they make their difficult journeys through the system, including the family courts and tribunals. The spending review announced £105 million for the maintenance of courts and tribunals, and there was also £4 billion to build back better in the prison estate, with 18,000 additional places in the pipeline plan for the mid-2020s, helping us to deliver modern, green prisons that can be launching pads for rehabilitation. We are moving at pace with the first of our new prisons, HMP Five Wells, which is opening in 2022, while continuously increasing resources for the maintenance of our existing prison estate. This investment continues to deliver on the Government’s crime agenda, keeping the public safe, delivering a green revolution and bringing our prisons into the 21st century.

[Andrew Gwynne]

I thank the Justice Secretary for that, but judicial review is the only way in which the public can challenge the Government when they believe the Government have acted unlawfully. It is important that we keep that protection in place for the public to hold the Government to account, so will he commit today to fully publishing the independent review of administrative law?

[Robert Buckland]

I agree with the hon. Gentleman about the central importance of judicial review, and he will remember that that is set out in the terms of reference. The review will report shortly, the Government will respond and the whole documentation will be published. The question of submissions to the review is a matter for the review, but I assure him that the outcome will, of course, be published as part of the Government’s policy position in due course.

[Greg Smith (Buckingham) (Con)]

Last week, a three-week consultation was launched on proposals for a new prison adjacent to Grendon and Spring Hill prisons in my constituency. With nearby communities already dealing with massive pressures and parish councils overstretched with day-to-day issues with the construction of things such as HS2, three weeks is just not long enough to ensure that everyone has their voice heard. So will my right hon. and learned Friend commit to extending the consultation, so that everybody in my constituency can have their say?

[Robert Buckland]

I am grateful to my hon. Friend. I know that he met my colleague the Minister of State for Prisons and Probation at the end of November to discuss the issue of the consultation. I know the site well, having visited both Grendon and Spring Hill, and I pay tribute to the staff and, indeed, to the community for supporting the prisons that exist in that part of his constituency. We are considering all comments and suggestions sent to us through the consultation before we submit any outline planning application. I can assure him that the local community will also have an opportunity to provide further feedback once a planning application is submitted. I am happy to extend the public consultation and my officials are in communication with the local council regarding that.

[Joanna Cherry (Edinburgh South West) (SNP)]

Back to the independent review of the Human Rights Act. The Lord Chancellor has said that, after 20 years, it is time to see whether the Act is working effectively, but the terms of reference do not actually contain any reference to an analysis of whether it is working effectively. Recently the Joint Committee on Human Rights found that most black people living in the United Kingdom believe that their human rights are not equally protected compared with those of white people. That is a shocking finding. Does not that finding alone justify a proper examination of whether the Act is working effectively and, if so, why is that not in the terms of reference?

[Robert Buckland]

The hon. and learned Lady knows that I gave evidence to the Committee of which she is a member about a week or so ago and acknowledged the important point made by the Committee. I think it was important for us to set up a very focused review as to the machinery of the Human Rights Act. It is not about the rights themselves; it is about the way in which they interact with our domestic law and the interplay, therefore looking in particular at sections 2, 3 and 4, for example, of the Human Rights Act. However, I am sure that these wider issues will become part of the debate as we see the recommendations come forward and as this place has an opportunity to play its part in those deliberations.

[Damien Moore (Southport) (Con)]

I commend my right hon. and learned Friend and his Department for the minimal impact that the covid pandemic has had on our courts system. Can I ask when it will return to normal? Can I also ask that he review contingencies should they be needed in the very near future?

[Robert Buckland]

My hon. Friend can be reassured that the Courts and Tribunals Service is working daily to review its plans. I am sure that he will be glad to note that, in the magistrates courts, we are now exceeding receipts and we expect the position to return to pre-covid levels by about Easter time or the early summer. The position of the Crown court is more challenging, but the funding that we have obtained through the spending review will allow us to start dealing with the backlog. We also constantly review the social distancing measures. The current assumptions are that social distancing will apply until the end of June. If there is any progress on that front, clearly we will recalibrate, which will give us even more capacity.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

The chief constable of West Midlands police, MPs, local councillors and others have all expressed concern about the large number of people being released from jails all around the country to unsuitable exempt accommodation in Birmingham. How can that possibly help with rehabilitation and getting these people back on the straight and narrow?

[Robert Buckland]

The hon. Gentleman will be glad to note that, throughout this pandemic, the Ministry of Justice has funded accommodation support for people who otherwise would be released into rough sleeping and homelessness. Indeed, we are working on plans as result of the spending review to scale up and improve approved premises and the other type of accommodation that can house in an appropriate way people who are released from custody. I shall furnish the House with an update as soon as it is received, but he can be assured that we are working on this issue because we recognise the scale of the problem.

[Imran Ahmad Khan (Wakefield) (Con)]

  The Criminal Cases Review Commission is the only body in its area of jurisdiction with the authority to send cases back to an appeal court. It is imperative that this process must not be delayed, as it has the propensity to overturn cases and clear the names of those innocent of conviction. Can my right hon. and learned Friend outline the steps that he is taking to ensure that the CCRC enacts its duty in a timely manner, especially for more sensitive cases, including those of our frontline workers and police officers, such as my constituent Danny Major? Mr Major has been miserably let down by the CCRC.

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[Carolyn Harris (Swansea East) (Lab)]

  Increasingly we have seen individuals with a gambling addiction committing crime to fund their habit. These crimes inevitably end up being punished with custodial sentences, yet the gambling industry—which is often complicit, encourages these individuals to continue gambling and always profits from the situation—is not held accountable and escapes prosecution. Will the Lord Chancellor meet me and the officers of the gambling related harm all-party parliamentary group to discuss how we can rectify this outrageous and indefensible lack of accountability?

[Robert Buckland]

I pay tribute to the hon. Lady for her consistent and passionate campaigning on this important issue, which is an addiction for far too many people. As she knows, my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport will make a statement on gambling later, which I know she will broadly welcome. Of course, I will be happy to meet her and members of the APPG. Primarily, the Department for Digital, Culture, Media and Sport holds the brief on this issue, but no doubt there are wider criminal law ramifications on which I am happy to engage with her.

[Gary Sambrook (Birmingham, Northfield) (Con)]

  Will the Secretary of State outline to the House what steps he has taken so far to ensure that the Independent Monitoring Authority for the Citizens’ Rights Agreements will be ready for the end of the transition period, so that it can effectively monitor the rights of European Union and European economic area citizens?

[Robert Buckland]

My hon. Friend is right to raise an important issue that we undertook to get ready by the end of the year. I am confident that it will be ready by the end of the transition period to provide EU, EEA and European Free Trade Association citizens here in the UK with an additional layer of assurance that their rights will be safeguarded. We have had a dedicated project team in the Ministry working on that, and the IMA has taken up residence at headquarters in Swansea, my old stamping ground—with tribute to the hon. Member for Swansea East (Carolyn Harris).

[Wendy Chamberlain (North East Fife) (LD)]

  Over the last few weeks, there have been concerning reports that there were more cases of covid in prisons in October than in the previous seven months combined. In some prisons, that has led to restrictive regimes that have had a real impact on mental health. What conversations has the Lord Chancellor had with the Secretary of State for Health about when we should be vaccinating prisoners in order to protect prison staff and prevent hotspots from forming?

[Robert Buckland]

It is important to note that, as a result of increased diagnosis and testing, we have been able to establish with greater certainty the number of prisoners who are symptomatic or asymptomatic. We were not able to do that in the first wave, so the true numbers of covid sufferers were probably not clear to us; they are much clearer now. With regard to vaccination, it is important that we prioritise those who are the most vulnerable and at risk of death or serious illness. That is why, as with the rest of the population, we will be inoculating the older part of the population and those who are vulnerable. That will inevitably include staff, on whom I place a very high premium, and some prisoners. We will continue to work with Public Health England and Public Health Wales to ensure that we bear down on covid in our prisons.

[Theresa Villiers (Chipping Barnet) (Con)]

Some very impressive work is done by the charitable sector in supporting ex-offenders to deal with addiction problems. Will the Lord Chancellor ensure that his Department takes very seriously the importance of rehabilitation of offenders by enabling them to leave the substance abuse problems behind them, in the past?

[Afzal Khan (Manchester, Gorton) (Lab) [V]]

The Government have made countless mistakes during the coronavirus crisis that could have been unlawful, including failing to provide health and care staff with adequate personal protective equipment, and sending hospital patients back to care homes without testing them. Will the Secretary of State confirm that any changes to judicial review will not affect cases related to Government failure over coronavirus?

[Robert Buckland]

With respect to the hon. Gentleman, he perhaps misses the whole point of the judicial review—independent review—which is all about making sure that the current ambit of administrative law is in the right place, in the sense that we want to make sure that our judiciary are not brought in to a merit space or a political arena. As for individual cases, it is clearly stated in the terms of reference—and I will say it again—that the Government utterly support the right of citizens to challenge their actions or omissions by way of judicial review.

[Selaine Saxby (North Devon) (Con)]

A long-term view of victim funding will lead to better services and outcomes for victims of sexual assault, domestic abuse and serious violence. I therefore ask the Minister to provide an update of work within the Department to develop a long-term victims funding strategy to support those affected by crime in our communities.

[Matt Western (Warwick and Leamington) (Lab)]

  According to solicitors in Warwick and Leamington, the court system dealing with criminals is at breaking point. They see it as being completely chaotic. I appreciate that in the spending review the Government have announced additional money—£337 million—but the Law Society is calling for more. Will the Government actually accept what the Law Society is calling for and give additional funding to break the backlog?

[Robert Buckland]

The hon. Gentleman will be glad to know that both the Law Society and the Bar Council agree that this year’s settlement was encouraging. Of course, it is not the end of the story, and I have talked about us beginning to turn a corner. The good news in the magistrates courts is that receipts are now behind disposals, so we are dealing with the overall number of cases in the magistrates system. In the Crown court, we continue to scale up the number of trials being heard. In fact, in the past week or so, I have been looking at figures of effective trials, crack trials and trials that have been dealt with by way of a guilty plea: the numbers are now in the high 300s. We need to get that up, and I am confident that we can do that in the new year to return us to the pre-covid levels, and then work even harder.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Earlier this year, another child was tragically stillborn after a failed forceps birth at an Essex hospital. There were calls for a coroner’s investigation until it was pointed out that coroners have no power. But of course they do under clause 4 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which was passed 19 months ago. When will those regulations be laid so that coroners have the power to investigate those tragic stillbirths?

[Martyn Day (Linlithgow and East Falkirk) (SNP) [V]]

  During the current negotiations, the EU has asked for a guarantee that the UK will not do away with domestic law giving effect to the European convention on human rights, but the UK has refused. Does that not tell us what the review of the Human Rights Act announced yesterday is really all about?

[Robert Buckland]

I am afraid the hon. Gentleman is wholly misinformed. That certainly is not my understanding of the negotiations, and he will forgive me if I say I am a little closer to them than he is. The review that we announced yesterday was about looking at the mechanism 20 years on—nothing to do with undermining or changing fundamental human rights. We believe in them. It was British Conservatives who wrote the convention, and I will always stand for and uphold the importance of the European convention on human rights.

[Marco Longhi (Dudley North) (Con)]

  What steps are the Lord Chancellor and his team taking to address the widespread perception among my constituents that detention arrangements in prisons are not sufficiently robust to act as a deterrent?

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

A third of prisoners transferring from HMP Altcourse to HMP Berwyn last month tested positive for covid. I understand that Berwyn has requested a stop to transfers. Will the Secretary of State agree to that request, considering the extreme concerns about community infection?

[Robert Buckland]

The hon. Lady knows that, since the beginning of this pandemic, we have taken unprecedented steps. All new arrivals in prison receptions are quarantined as part of our strategy of compartment- alisation. We are also now testing new arrivals at HMP Berwyn. That is an additional measure that allows us to identify positive cases early and put the right precautions around those individuals. It is with testing that we can improve the way in which we administer the prison system through this crisis.

[Munira Wilson (Twickenham) (LD)]

Ministers will be aware that the Children and Family Court Advisory and Support Service was already experiencing a workload crisis pre pandemic, which has only worsened through the lockdown. Although the Ministry of Justice has provided additional welcome short-term funding, do the Government have a longer-term strategy to ensure that CAFCASS can better retain staff and deliver a service that truly meets the needs of children and families?

[Robert Buckland]

The hon. Lady will be glad to know that an extra £3.4 million has been allocated to CAFCASS to help it through the crisis. Indeed, I take the point about long-term planning. In fact, we are looking wholesale at the way in which family cases are dealt with. The family harms report published this year was a no-holds barred analysis of what is wrong with the system, and both I and senior judiciary within the family division will do something about it.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.