Robert Buckland
Main Page: Robert Buckland (Conservative - South Swindon)Department Debates - View all Robert Buckland's debates with the Ministry of Justice
(3 years, 5 months ago)
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Hannah Bardell (Livingston) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government have established the independent Human Rights Act review to examine the framework of the Act, how it is operating in practice and whether any change is required. The review is considering the approach taken by our domestic courts to the jurisprudence of the European Court of Human Rights and whether the HRA currently strikes the correct balance between the roles of the courts, the Government and this place. The report, due this summer, will be published, as will the Government’s response.
Hannah Bardell [V]
Given this Tory Government’s track record of either not consulting or railroading changes without consultation, will the Secretary of State confirm that any proposals to amend the Human Rights Act will be subject to a full public consultation lasting at least three months?
Robert Buckland
The hon. Lady will be glad to know that a wholly independent review reflecting opinion from right across the United Kingdom and beyond was set up and will report in due course. Then, no doubt, there will be a consultation on those issues ahead of any legislative change that the Government might introduce to this place.
Mr David Lammy (Tottenham) (Lab)
This week, the UN’s special rapporteur for human rights said that the Police, Crime, Sentencing and Courts Bill, the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 and the judicial review Bill will all make human rights violations more likely to occur. The Lord Chancellor will be aware of his special responsibilities to defend human rights both in his Department and across Government. As his two-year anniversary as Lord Chancellor arrives next month—I congratulate him on that—will he consider starting to do that part of his job? How will he respond to the UN special rapporteur’s assessment?
Robert Buckland
I am grateful to the right hon. Gentleman for his kind words. With respect to the special rapporteur, I would strongly argue that in everything we do and say in this place and in Government, the necessary checks and balances are carried out to ensure that the human rights that he and I believe in are preserved. I can think of no better example than the Bill currently before the House with regard to the duties that the police will have on the need to balance freedom of expression and the rights of other people. That is a balancing exercise at all times, and I will discharge my duties in the way that I believe I have for the past two years.
Matt Vickers (Stockton South) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government recognise the deep distress that the theft of a much-loved pet can cause, and I have met the Home Secretary and the Environment Secretary to create a taskforce to investigate the problem end to end. That work is under way and it is gathering evidence to understand the factors that may be contributing to any rise in pet theft and to recommend measures to tackle the problem. It will report to Ministers on potential solutions by the summer.
John Lamont
I am grateful for that response. Mandatory microchipping has been a welcome step forward, and I understand that the law is now consistent across all parts of the United Kingdom. What steps have been taken to improve the microchipping process so that owners can know where microchips are being run, when and by whom?
Robert Buckland
My hon. Friend will know that our manifesto pledge is to extend microchipping to cats as well. With regard to dogs, over 90% of them in England are now microchipped. This year, the Department for Environment, Food and Rural Affairs is carrying out a post-implementation review of the regulations that introduced microchipping in 2015, to see how the various databases can operate in a more co-ordinated way, and it will come forward with proposals later in the year.
Alexander Stafford
Pet theft is the most scurrilous crime, and residents have spoken to me about the loss they have felt when their dog or cat has been stolen from them. Does the Minister agree that each local force should have a dedicated dog theft lead? Will he join my calls for the police and crime commissioner to have a dog theft lead for South Yorkshire police, like the one for the Nottinghamshire constabulary?
Robert Buckland
I welcome my hon. Friend’s commitment to this campaign. I am pleased to hear about his energetic efforts in this sphere and I wish him well. Decisions on priorities are, of course, a matter for individual forces, but I am sure he will want to work with his local force to achieve the laudable aims that his campaign represents.
Jonathan Gullis
Pet theft is a shameless and disgusting act that harms families across our country. Scumbag Malachy Doherty of Tunstall was recently sentenced to 27 weeks in prison for stealing Labradors Denzel and Welly. Twenty-seven weeks does not seem long enough to me, so does my right hon. and learned Friend agree with the people of Stoke-on-Trent North, Kidsgrove and Talke that, as part of the pet theft taskforce, firmer punishments and vets checking microchips at the first visit will be ways to help prevent the heartache felt by many victims’ families?
Robert Buckland
My hon. Friend always speaks with vigour on behalf of his constituents, and I wholeheartedly agree with his revulsion at this appalling type of crime. We share his deep concern, which is why the sort of ideas and proposals he outlined are very much at the forefront of Government thinking.
Jane Stevenson
I thank the Secretary of State for speaking to me recently about pet theft. In the recent local election campaign in Wolverhampton, I spoke to several constituents who are now too nervous to go out to walk their dogs, especially in the evening time. Does he recognise that, for their wellbeing, and for that of their dogs, this is an urgent matter? Can he reassure me that as soon as the taskforce reports the Government will take action on pet theft reform?
Robert Buckland
I am grateful to my hon. Friend for her deep commitment to this issue. She is so right to highlight the wellbeing and mental health effects of the loss of a much-loved pet on her local residents in Wolverhampton and more widely. That is precisely why we took action to set up the taskforce, and we will indeed be reporting as soon as possible to address the concerns of her constituents.
Mark Fletcher
Pet theft can be absolutely heartbreaking for families. I have spoken to some of the families in my constituency who have gone through this process and they warmly welcome the establishment of the pet theft taskforce. Can my right hon. and learned Friend outline what kind of solutions the taskforce is looking at?
Robert Buckland
My hon. Friend is right to reflect the views of his constituents in Bolsover and the wider community. We are looking at not just the consequences of pet theft, but ways in which the black market in the trade in animals can be dealt with. Lots of ideas and initiatives merit serious consideration as to how we can prevent the incentives for this sort of despicable crime from occurring in the first place. That is the work that is being carried out now.
Matt Vickers
It is clear today that pet theft is having a huge impact on so many families across the country. Indeed, if my mam had the choice between me and her beloved, slightly obese Bichon, Archie, it would be a close call and I would not fancy my odds. Pet theft is on the rise. The loss of a furry family member is having an impact on so many families. Will my right hon. and learned Friend confirm not if and how, but when we will update the law to tackle this terrible crime?
Robert Buckland
I am glad that my hon. Friend declared his interest, as is appropriate. Many other Members of this House will be dog owners. I am a cat owner, so I declare that interest. Clearly, behind that, there is a very important point about the ways in which we can help to prevent the spread of this crime. As the Prime Minister said, this is often the underbelly of more organised and serious criminality, where profit is being made on the backs of the misery of not just the pets themselves, but their owners, who suffer great distress as a result of the theft.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The United Kingdom has strong human rights protections within a comprehensive and well-established constitutional and legal system, and a long-standing tradition of ensuring that our rights and liberties are protected domestically and of fulfilling our international human rights obligations. We have put in place a combination of policies and legislation to give effect to the international human rights treaties that we have ratified. We have a strong record before the various UN treaty-monitoring bodies and fully participate in the relevant reporting processes.
Alan Brown
By contrast with what the Secretary of State just said, the Joint Committee on Human Rights recently published a report that concludes that his Department’s Police, Crime, Sentencing and Courts Bill will restrict peaceful protest
“in a way that we believe is inconsistent with our rights.”
The report also singles out the provisions on noisy protests as
“neither necessary nor proportionate”.
With findings like those, will the Secretary of State reconsider his assertion that the Bill is compliant with the European convention on human rights?
Robert Buckland
I am happy to repeat the declaration that I made on the face of the Bill: its provisions are indeed compatible with the convention. As a former member of the Joint Committee, I well appreciate its work, but with respect, I wholly disagree with the analysis that it has produced. The balance between freedom of expression and other fundamental rights and the need to maintain order and protect the rights of other citizens going about their lawful business is properly struck in the Bill, which I commend strongly to the House.
Anne McLaughlin (Glasgow North East) (SNP) [V]
The Secretary of State recently dismissed the relevance of international treaties, so it is interesting that today he is using what he says is compliance with the ECHR to convince us that his Police, Crime, Sentencing and Courts Bill is not, as the Joint Committee said, “inconsistent with our rights.” How relevant, then, is the opinion of the UN special rapporteur on human rights, who said last week that the Bill runs “counter to the” human rights “direction” that the UK
“need to be going in”?
Is the Secretary of State not just a little bit embarrassed about that?
Robert Buckland
Just as the rapporteur is entitled to express, in clear and independent terms, their view, so are we entitled to disagree with it, and we do so very strongly in this instance.
Anne McLaughlin
So the Secretary of State does not respect international treaties and is not listening to Parliament’s Joint Committee on Human Rights; let us see whether he has a little more respect for the UK’s Gypsy, Roma and Traveller communities. Will he join in the condemnation of the hon. Member for Ashfield (Lee Anderson), who branded Travellers as thieves? What does he say to Travellers who described the Bill as
“the single biggest threat to”
their
“traditional way of life”
and said that it may “entirely eradicate nomadic life”. Does the Secretary of State want to eradicate their way of life?
Robert Buckland
I have not seen what was reported to have been said by my hon. Friend the Member for Ashfield (Lee Anderson). I simply say that in everything that we seek to do we uphold the principles of equality, inclusion and diversity in our society, but it is also right to remember that the interests of one group will sometimes conflict with the interests of another. It is important for us to maintain the balance between the rights of, in that instance, local residents and the rights of the Gypsy, Roma and Traveller community. It is all about balance, which is what this Government constantly seek to strike through their legislation.
John Nicolson (Ochil and South Perthshire) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Forgive me, Mr Speaker, I was thinking about the pies at HMP Berwyn.
Robert Buckland
Well, not me. I will leave that to others to answer.
Naturally, I do not disclose the details of private conversations that I have with Cabinet colleagues, but I can say that the Government are thinking very carefully indeed about how to make sure the balance of our constitution is right. In addition to the reviews of administrative law in the Human Rights Act 1998, I am now considering the constitutional settlement that was left by the Constitutional Reform Act 2005. I will say more about that in due course and I will be open and consultative as that work is carried out.
John Nicolson [V]
The Public Law Project requested a breakdown of Government spending on judicial review, but it said that the information received was “barely a fraction of what should have been published. It is not detailed or clear enough to give any meaningful insight as to how judicial review impacts Government departments”.
Why are the Government so reluctant to publish everything requested?
Robert Buckland
The hon. Gentleman has expressed the view of one contributor to the consultation. I would argue on the contrary—that, indeed, we are publishing everything, consistent with our wider public duty and with our duty to maintain collective Cabinet responsibility. The current consultation has been ongoing. We are due to publish a response to that ahead of any potential legislation. That will all be done. Of course, any proposals will have the fullest scrutiny from him and other right hon. and hon. Members in due course.
Stephanie Peacock (Barnsley East) (Lab)
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Since January this year, the review has conducted a public call for evidence, which has received more than 150 submissions, and has engaged with a wide range of interested parties at roundtable meetings and online public roadshow events. The evidence-gathering period has now concluded. The panel is now considering the evidence and will draft its report over the summer. The report will then be published, as will the Government’s response.
Mr Carmichael
What does the Secretary of State want to achieve with his review? He will be aware that as long as we remain a party to the European convention on human rights, the rights that are available to citizens as a consequence cannot be altered. Any changes to the Human Rights Act would just return us to the situation that we had before the Act, when we could only enforce the remedies for these rights by going to Strasbourg. Is that what the Government want to achieve here?
Robert Buckland
I know that the right hon. Gentleman will read the review’s findings with great care. I have been clear that this is not about changing the fundamental rights themselves, as he has quite rightly observed; it is about the way in which the domestic courts implement and interpret those rights. It is about the mechanism, if you like. It is now 20 years since the Act came into force and I think it is right at this juncture to give it a careful examination. That is what the independent review is all about. As he would expect, it will be followed up by the fullest consultation, in which I know he will play a vigorous part.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Fleur Anderson (Putney) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Over the weekend, we launched the unified probation service for England and Wales. It was the culmination of huge amounts of preparation over two years, and I am hugely grateful to probation colleagues and frontline staff for making it happen. We have invested £310 million in that time to recruit 1,000 extra probation officers, with 1,500 more on the way, alongside making more use of technology such as GPS and sobriety tags. We are determined to ensure that the millions of hours of unpaid work handed down to offenders every year are served more visibly, keeping our towns, cities and our countryside clean. I have said many times that every Department of Government should be a criminal justice department, and the new probation service will be at the heart of a more joined-up approach with police, health services, local authorities and others to cut crime and keep the public safe from harm.
Fleur Anderson
On 17 June, I wrote to the Justice Secretary about probation services, raising a deeply concerning whistleblower case in the probation service. When my constituent first joined the service, there were 10 members of staff in her team. At the end of 2020, three members of staff had left and a further three were on long-term sick leave, and the case load was overwhelming. Does the Secretary of State accept that the 60% drop in staffing levels presents an unacceptable risk to public safeguarding, the welfare of probation service officers and the rehabilitation of offenders?
Robert Buckland
I will make sure that the hon. Lady’s letter is brought to my attention. She sent it just over a week ago. I will not comment about the individual case, but it will of course be looked at carefully. She will be encouraged to know that as a result of the investment we are making, 1,000 more probation officers have been recruited already. We are going for another 1,500, and that means that, together with the changes to how case loads are managed, probation officers will be supported and encouraged, and the sort of issues that she raises I believe will start to diminish, because that is my determination. I want to sing the praises of an unsung public service.
Felicity Buchan (Kensington) (Con)
Robert Buckland
The right hon. Gentleman raises an issue that I think I can help to clarify for him. With regard to the specific figure, that of course relates to spending during this coming year. We spent another equivalent sum in the previous year on court recovery. Indeed, when you look at the figures that we were spending anyway on new technology in our courts, and indeed the Crown Prosecution Service expenditure as well, then the figure actually is the correct one. He should realise that it is not just the Ministry of Justice that is funding court recovery and the effects of covid; the Attorney General’s Office and indeed the Home Office as well have a responsibility with regard to victims. So I am afraid that fox is well and truly shot.
Mr Lammy
I have to say that the Secretary of State’s verbosity serves him well.
In March, the Lord Chancellor told the Justice Committee that he had been “played for a fool” in relation to improvements at Rainsbrook secure training centre. He was clear that
“this will not happen again. Otherwise, the consequences will be extremely serious for those responsible.”
Yet this did happen again, and only a year and a half later have children been moved out of harm’s way. As the saying goes, “Fool me once, shame on you; fool me twice, shame on me.” Does the Lord Chancellor feel like a fool, and what “extremely serious” consequences will he deliver to ensure that this does not happen again?
Robert Buckland
I am very glad that the right hon. Gentleman asks me that question because I can reassure him that as soon as the particular reports were received from the independent monitors I took swift action to make sure that the safety and wellbeing of children at Rainsbrook was preserved. That is why we ordered that children in the unit were moved. Indeed, work is carrying on with regard to the overall future of Rainsbrook. It would be wrong of me to speculate while discussions with the provider remain ongoing, but I can tell him this: I will do whatever it takes to make sure that the children in our care are protected and that all our institutions, including Rainsbrook, are run properly. I can assure him that the providers have had the message loud and clear from me and that there will be no second chances.
Stephanie Peacock (Barnsley East) (Lab)
Jonathan Gullis (Stoke-on-Trent North) (Con)
Robert Buckland
I thank my hon. Friend for raising an issue of genuine and widespread public concern. He will note that the phraseology in the Bill talks about memorials, which of course would include memorials such as the one to Sir Winston Churchill. The important point is that we can now move away from the court determining on the mere cost of repair to criminal damage to look at the overall cultural and emotional value of statues like that one, and indeed, ordinary “unvisited tombs”, to quote George Eliot, of people who have a great value to the local community and to their loved ones.
Kim Johnson (Liverpool, Riverside) (Lab)
Robert Buckland
My hon. Friend is right to analyse the figures closely. It is interesting to note that some of the assumptions that people make about foreign nationals and where they are from are out of date. My hon. Friend is right to highlight our agreement with Albania, but operationally those issues are difficult because often the individuals whom we have identified, prosecuted and properly incarcerated will not be known to the authorities in the receiving country and there are issues with identity. However, we carry on with our joint work across Government to ensure that as many of those foreign national offenders as possible are repatriated as quickly as possible. I think the latest cumulative figure over the past five years is about 5,000, but of course I will correct the record if that proves to be incorrect.
Peter Kyle (Hove) (Lab)
Robert Buckland
May I put on record my condemnation of the appalling incident involving Professor Whitty in the last few days? With regard to the way in which antisocial behaviour is policed, there have been welcome initiatives and, indeed, changes to the law by Government on preventive measures, particularly for young people and children. Our youth offending teams and other diversionary teams have done a lot to ensure that those issues do not end up before a court, when the damage is already done. I take the strong view that the distinction between crime and antisocial behaviour is artificial. Of course, I will look constructively at anything that we can incorporate in the forthcoming victims consultation and, indeed, the Bill, which, I assure the hon. Gentleman, will come.
Christian Wakeford (Bury South) (Con)
Robert Buckland
My hon. Friend is right to raise on behalf of his constituents in Bury the real damage that can be caused to the community by careless and dangerous driving. Through the Police, Crime, Sentencing and Courts Bill, we will increase the maximum penalties for causing death by careless driving while under the influence of drink and drugs, and for causing death by dangerous driving, from 14 years to life imprisonment. There will also be a new offence of causing serious injury by careless driving, to close a gap in the law.
Dr Luke Evans (Bosworth) (Con)
Robert Buckland
I thank my hon. Friend for speaking so strongly on behalf of his constituents. Colin Pitchfork’s offences were the gravest of crimes, and the families of Lynda Mann and Dawn Ashworth still live with the pain that he caused. The independent Parole Board’s role is to assess whether he is safe for release, rather than whether he has been punished enough. I understand why this decision has affected public confidence. It has been reviewed by officials in my Department, and we found arguable grounds that the decision was irrational, so I have asked the Parole Board to reconsider it using the mechanism that my hon. Friend rightly identified.
Joanna Cherry (Edinburgh South West) (SNP) [V]
Robert Buckland
I am grateful to the hon. and learned Lady for that question. I can absolutely assure her that the rights of LGBTQ+ people will be respected, honoured and celebrated by my Department. We are taking the fullest and most enthusiastic part in Pride Month, which of course is now. The issue with regard to Stonewall was simply this: my officials and I were no longer convinced that the particular scheme that we had taken part in was the right use of public money. There were concerns about the direction of that organisation, which has done so much to advance the cause of people of an LGBT+ orientation. It was with great sorrow and regret that that decision was made, but I assure the hon. and learned Lady that the underlying commitment to and passion for those issues absolutely remains.
Simon Jupp (East Devon) (Con)
Over 8,000 criminal cases are waiting to be resolved in Devon and Cornwall. Many of my constituents in East Devon are anxiously awaiting progress on their cases, and they feel no closer to justice. What steps is my right hon. and learned Friend taking to reducing the backlogs in Devon?
Robert Buckland
My hon. Friend is right to raise issues affecting his constituents. He will be glad to know that in his region, huge strides have been made in magistrates and Crown courts to deal effectively with the case load. Based on the figures I see regularly, I am encouraged by the progress being made in his local courts. That is part of a national drive to deal with capacity, which we have increased through Nightingale courts. There is no limit on sitting days in the Crown court during the year ahead. If all is well with the road map later in July, the further easing of restrictions will allow even more cases to be listed, so that justice can be delivered as quickly as possible, both for my hon. Friend’s constituents and for the wider public.