Public Confidence in the Media and Police

Robert Buckland Excerpts

Wednesday 20th July 2011 Commons Chamber

[The Prime Minister]

He was vetted. He had a basic level of vetting. He was not able to see the most secret documents in the Government. I can write to the hon. Lady if she wants the full details of that vetting. It was all done in the proper way. He was subject to the special advisers’ code of conduct. As someone shouted from behind me, he obeyed that code, unlike Damian McBride.

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

There has been much talk of freedom, but freedom has to be under the law. Will my right hon. Friend assure me that any future regulation of the press will balance the interests of ordinary men and women against the legitimate interest in maintaining a free press in this country?

[The Prime Minister]

Of course I give that assurance. One of the things with which the committee of inquiry will have to battle is that, if you consider some of the great investigative stories that have bust open scandals in the past, sometimes there has been a public interest defence. My hon. Friend is a lawyer and he will know about that. That is one of the reasons why we are asking the committee of inquiry to try to do that very difficult work.

Phone Hacking

Robert Buckland Excerpts

Wednesday 13th July 2011 Commons Chamber

[The Prime Minister]

Let me say to the hon. Gentleman that the judge can take the inquiry in any direction in which the evidence leads it. He, like others, is free to make submissions to the inquiry, point out evidence, point out conclusions from that evidence, and ask the inquiry to follow that. As well as wanting a broad, independent and tough inquiry, we want some early results—some early harvest—and I am sure that the inquiry will produce that as well.

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

Will the ambit of the judicial inquiry focus on the need to enable ordinary members of the public, such as bereaved families of service personnel who have given their lives for this country, to seek and achieve legitimate redress of grievances through proper complaints against the media and their agents when they are guilty of malpractice?

[The Prime Minister]

That is a good point. We must keep the public, and the victims of what has now emerged, front and centre at all times. Of course we all, as politicians, have strong views about what has gone wrong, what might have happened to all of us and the rest of it, but, although some people have said that there is an element of “revenge for expenses”, this has to be about the public and the victims. Politicians must be very careful. Yes, we want a good and robust system of self-regulation, but we must also be absolutely clear about wanting a strong, free, independent press that is able to challenge and to uncover wrongdoing, as it has done in this case.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 5th July 2011 Commons Chamber

[The Solicitor-General]

I can certainly promise to look into that. This Government, including my Department, value the work that such agencies perform. As the hon. Lady will know, in her part of Wales there are two SDVCs—or specialist domestic violence courts—one in Neath and one in Swansea, as well as other necessary advisory services. I appreciate that we are in a time of great economic constraint, but we will do our best with the resources that we can make available to them.

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

One of the main challenges facing vulnerable complainants and their families is the sometimes lengthy time gap between the making of their complaint and their appearance in court. Does my hon. and learned Friend agree that the work of women’s refuges, such as the one in my constituency, and of police family liaison officers is vital if we are to maintain the confidence we need in complainants in order for them to follow their complaints through the criminal justice process?

[The Solicitor-General]

I know that that is true not only in my hon. Friend’s constituency but throughout the rest of the country. It is important that the advisory services and family liaison staff are there to help those affected by such crimes of violence, whether they involve sexual or non-sexual assault, so that they can bring their evidence to court and the perpetrators can be convicted.

Libya/European Council

Robert Buckland Excerpts

Monday 28th March 2011 Commons Chamber

[The Prime Minister]

The point I would make to my hon. Friend is that we had to come together in a coalition Government with a coalition agreement. If we are absolutely honest with ourselves, Europe is not an area where the Liberal Democrats and the Conservatives always agree, if I can put it that way. However, in the coalition agreement we came to a good agreement that we would not pass further powers from Westminster to Brussels, and that we would introduce the referendum lock so that any further transfer would be subject to referendum; and we also have the agreement that Britain is not intending to join the euro. In spite of the fact that we do not always agree on these European issues—and we are grown-up enough to make that point—I think it is a very strong coalition agreement, and one that all colleagues can support.

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

When my right hon. Friend spoke to the Japanese Prime Minister on Friday, did he receive assurances from him that everything was being done to reopen Japanese factories that provide much-needed components to the British car industry?

[The Prime Minister]

I recognise the point that my hon. Friend makes, given his interest in the magnificent Honda plant in Swindon, which I had the great good fortune to visit. Indeed, although I am not allowed to drive it any more, I am the proud owner of a Honda made in Swindon. I know of the problem. I did not discuss it with the Japanese Prime Minister because we were talking about the absolutely urgent requirements for help for the Japanese now, but it will be key for the Japanese economy, and indeed for ours, to make sure that those trade links are opened up again as soon as possible.

United Nations Security Council Resolution 1973

Robert Buckland Excerpts

Monday 21st March 2011 Commons Chamber

[Paul Uppal (Wolverhampton South West) (Con)]

I thank all right hon. and hon. Members who have contributed to the debate this evening. It has been a substantial and broad debate and many issues have been thoughtfully covered. I congratulate the Prime Minister and the Foreign Secretary, who is in his place, on the leadership they have demonstrated, especially in the embryonic formation and eventual birth of resolution 1973.

Just a few weeks ago, I was struck by the difficulty and pertinence of these issues when I examined a broadsheet newspaper. The front page showed a picture of an elderly Libyan gentleman with his arms outstretched, appealing to the west and asking why it would not help. In the middle was a cartoon picture of the Prime Minister—a rather pejorative one, I am afraid—with a little representation of Muammar Gaddafi sitting on his nose in the form of a fly. The Prime Minister was pointing a loaded revolver at the fly. That illustrated how difficult this issue has been. The hon. Member for Ilford South (Mike Gapes) made a pertinent point when he said that much consensus has been built. I think that John Simpson has referred to the Arab League as a usually timid and, if truth be told, disparate body. It is not always easy to get resolve, but I am heartened by the fact that the Prime Minister and many other leaders have taken a lead on this.

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

Is it not striking to note that the preamble to the lengthy and comprehensive resolution 1973 determines that the situation in Libya continues to constitute a threat to international peace and security? The notion that this is an intervention in a domestic war is therefore wholly wrong.

[Paul Uppal]

My hon. Friend makes the point very eloquently and I could not agree with him more wholeheartedly.

We all have a personal history and personal experiences that form our political opinions. Just last Wednesday, I came to the end of a very long political journey when I took a group of sixth formers from my constituency to Auschwitz-Birkenau. It was a cathartic day and a very personal experience, which I think will stay with me for the rest of my life. On reflection, there were many lessons to learn about that journey but one thing was more pertinent than anything else in my discussions with those sixth formers—they wondered how we had let that tyranny and oppression come to fruition.

The Leader of the Opposition referred to the holocaust in his speech, and I realise that some hon. Members might think it too much of a stretch to relate that situation to this one, so let me give another example. My maternal grandfather gave me many things, including a love of Stan Laurel and Oliver Hardy, a mischievous sense of humour and a very personal story that strongly resonates with me to this day. At a time of partition in northern India, he stood against a mob who were determined to burn out their Muslim neighbours. They said, “We will go from house to house and there will be no mercy.” Those words have rung very loud in my ears over the past few days because they bring home what is right and what is wrong. To my pride, my maternal grandfather stood against the mob and said, “If anyone attacks this house, it will be an attack on my household,” and to this day that Muslim family is still in that village.

I have referred specifically to some personal issues and other right hon. and hon. Members have highlighted how difficult this issue is. I know that there might be charges of hypocrisy and that people are asking why we are choosing Libya and not Bahrain, why we are not addressing the situation in Yemen and why we are choosing to act in this specific situation, but we can only deal with the situation as it is presented to us. Colonel Gaddafi has shown that he is prepared to use his own people as human shields. He is prepared to go from door to door and show no mercy.

I appreciate that these are difficult issues, but it is absolutely necessary to do the right thing. The choice is simple and stark and has been laid out eloquently by both the Prime Minister and the Leader of the Opposition. The choice, as in the terms of this motion, is to do something or to do nothing and I for one think that we do the right thing by acting.

Oral Answers to Questions

Robert Buckland Excerpts

Wednesday 2nd March 2011 Commons Chamber

[The Prime Minister]

Every council in the country is having to make difficult decisions about reducing their spending. When we look at what is actually happening to Government grants, we see that in most cases, they are going back to the levels that we had in 2007, 2006 or, in some cases, even 2009. Everyone has to take part in this, and I would just remind the hon. Gentleman that the reason this is being done is because his party made a complete mess of the economy.

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

At a time when prices at the petrol pumps are going up and up, will the Government do all that they can to ease the pressure on hard-pressed motorists?

[The Prime Minister]

My hon. Friend makes an extremely good point. I know how difficult it is for motorists, and particularly for small businesses and families, when they are filling up at the pumps and paying more than £1.30 a litre. As we have said, we will look at the fact that extra revenue comes to the Treasury when there is a higher oil price, and will see whether we can share some of the benefit of that with the motorist. That is something that Labour never did in all its time in government, and it ought to be reminded of the fact that it announced four increases in fuel duty last year, three of which were due to come in after the election.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 18th January 2011 Commons Chamber

[The Attorney-General]

We are doing a number of things. We are developing the recently launched cross-Government violence against women strategic narrative. For the CPS, we agreed on a number of steps to improve domestic violence prosecutions and the safety and support of victims, including specialist co-ordinators, guidance in respect of stalking, effective monitoring of cases and legislation, and ways to improve communication with victims. In addition, guidance for prosecutors on stalking and harassment cases was launched in September 2010, and a new violence against women assurance regime was launched on 1 January 2011. As there is not enough time available now to allow me to amplify my remarks further, I will be happy to write to the hon. Gentleman with details of some of the things we are doing.

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

Will my right hon. and learned Friend do all he can to ensure that all Government agencies and Departments have a unified definition of domestic violence, as there seem to be alarming differences in that definition between different Departments, and that needs to be remedied at the earliest opportunity?

[The Attorney-General]

I am grateful to my hon. Friend for bringing that to my attention. It might be helpful if I have a conversation with him so he can identify in greater detail where he thinks these current misdescriptions exist. I entirely agree that it is important that we are all singing from the same hymn sheet.

Fixed-term Parliaments Bill

Robert Buckland Excerpts

Wednesday 1st December 2010 Commons Chamber

[Mark Durkan]

I will acknowledge these interventions no further.

To return to the matter at hand, let us be clear that the Bill’s provisions are open to all sorts of contests, questions and controversies. As I have said, I believe that the Minister was wrong to say that the House will know in all circumstances when something is a vote of confidence. If he wanted to make that incontrovertibly so, he would need to provide either in Standing Orders or in the Bill for a formal indication by the Speaker that a certificate could be issued prior to the period set out in the Bill, which starts 14 days after a motion. That, in turn, would bring the Speaker into areas of political controversy and intervention. Amendment 6 is clearly aimed at ensuring that those difficulties do not make the issuing of a certificate, or possibly the failure to issue one, a matter of controversy that can be brought to the courts.

In discussing previous amendments, Members alluded to affairs currently in Oireachtas Éireann and in the Dail. Those affairs may be relevant this week, because an opposition party there has indicated that it might take to the courts the question whether, under the constitution, the agreement that the Irish Government have entered into has to be subject to a vote of the Dail. Let us not rule out circumstances in which a party here, possibly a party of Opposition, could feel that the Speaker had wrongly declined to issue a certificate, or that the Government were using all sorts of procedural chicanery to prevent certificates being issued and to reset the clock. That party might then feel obliged to take the matter to court if it felt that it faced dead ends and chicanery in Parliament. That is exactly the situation that was threatened in Dublin this week given what the Irish Labour party justice spokesman said. Let us not join the Minister in completely dismissing all such possibilities.

I do not want to move from Dublin to Northern Ireland affairs, but I have some experience of what happens in practice. I was involved in negotiating and implementing the Good Friday agreement, including as a Minister and Deputy First Minister. Ministers told this House that procedures would follow their own course and that political matters would not end up in the courts, but then I found that my election as Deputy First Minister was taken to court—when I was jointly elected with David Trimble—because all sorts of rules were bent and twisted and the clock was reset by Secretaries of State and others.

The Northern Ireland Act 1998 set a clear six-week period, but Secretaries of State discovered that if they suspended things for 24 hours, there would be a new six-week period. Whenever there is a facility to contrive a completely new situation and dispose of a statutory deadline, it is used—whenever Ministers are told that in case of emergency they can smash the glass, they do so. Completely contrary to the assurances and explanations given to the House when we debated the 1998 Act, a number of Secretaries of State found themselves doing that. In addition, Assembly Members redesignated to pass particular votes, even though they said that they would not, and so on.

In the context of the Bill, people have said that a Government would never put themselves in the embarrassing position of activating a vote of no confidence in themselves or cutting corners, ignoring rules or resetting clocks so that they can bypass dates and deadlines, but the Northern Ireland experience shows that that is not so. The exigencies of the moment, and the demands for stability and good governance, can be used as circumstantial excuses. Let us not pretend otherwise. If we are trying to provide for fixed-term Parliaments with clear, fixed and guaranteed arrangements, we must go further than the Bill does. It leaves too much power in the hands of the Prime Minister and the Executive when there has been a motion of no confidence, and in respect of their influence over the decision of whether a motion is one of no confidence or otherwise.

I therefore ask the Minister to acknowledge that there are shortcomings in the Bill. Some of the amendments have their own shortcomings, but they do not diminish the serious problems with the Bill. If he will not accept amendments 6 and 23, will he agree to work in another place and in the House at another time to make his own amendments, so that the Bill does not create those difficulties and controversies?

Under the Bill, the Speaker could be the subject of controversy. What if there are differences between the Speaker and Deputy Speakers on the question whether to indicate in advance that a motion is certifiable? More importantly, as the hon. Member for Harwich and North Essex (Mr Jenkin) said, I believe that such matters could find themselves before a court, not only because somebody might want to contest the fact or content of a certificate, but more importantly because people might want to contest the failure to issue a certificate or the fairly questionable proceedings in advance of it. We do not want the Speaker of the House of Commons to be caught in the same position as Scottish football referees. They have been accused of taking and changing decisions in relation to subsequent arguments and events. Let us protect the office of the Speaker and this House.

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

I rise to make a brief contribution. I have listened with great interest to the debate and I await with even greater interest the Minister’s response to the very well advocated position on amendment 6, with which I have great sympathy.

It seems blindingly simple to me. Clause 2(3) stops at the words, “for all purposes.” The comparison with section 3 of the Parliament Act 1911 has been made, so why not include the extra words,

“and shall not be questioned in any court of law”?

The amendment proposes the use of the word “whatsoever”, which was no doubt an attempt by my hon. Friend the. Member for Stone (Mr Cash) to deal with the European question—that is perfectly legitimate and I understand entirely the reason for his wording—but the point is the same: if such a provision was good in 1911, why is it not good now? If anything, the balance between Parliament and the courts has deteriorated, as the hon. Member for Stoke-on-Trent Central (Tristram Hunt) eloquently outlined. The balance is now extremely fine, and it is in danger of being overturned in favour of judicial activism.

It may well be that reliance will be placed upon the residual powers of article 9 of the Bill of Rights, but as an Act of Parliament, that too is subject to judicial interpretation. Over the years, it has been interpreted in a variety of ways by the courts. Notably, it has been impliedly waived or restricted by this House. Section 13 of the Defamation Act 1996 is a good example of Parliament deciding, in effect, to allow its privilege to be qualified. I have strong views on the wisdom of that legislation—it was foolish and has led to unintended consequences, which are at the heart of this debate.

No Member of Parliament wants a diminution of its authority or power. This is an elected Chamber and we represent the people of this country. Sovereignty means just that. It is right that all hon. Members worry—even if it is sounds like lawyers’ caution—about any further unintended diminution of our authority. That is why I support amendment 6. Why not change clause 2(3) to put things as far beyond doubt as possible, mirroring what legislators did in 1911, to ensure that the spectre of the judiciary questioning and second-guessing the proceedings of the House does not become a reality?

[Mr Cox]

I had not intended to speak, and I shall be extremely brief. Most of my remarks will be addressed to the Minister in the hope that he can provide the clarification in substance to the questions asked by my hon. Friends and Opposition Members, which I should like to reinforce.

My first question is precisely that which my hon. Friend the Member for South Swindon (Mr Buckland) just asked. Why not add the proposed words? If clause 2(3) is intended to be an instruction to the courts that a certificate shall not be challenged, on the face of it there could be no real reason, unless the Minister has thought of something that others have not thought of or been advised otherwise, why the injunction of my hon. Friend the Member for Stone (Mr Cash), which is more expressive, explicit and detailed, should not be added. Will the Minister elucidate the purpose of stopping short at the word “purposes” and not going on to be as explicit as possible?

I ask that because historically, ouster clauses in administrative law have not been conspicuously successful. The courts have not paid very much attention to interpreting their duty to examine such issues, and often even where the ouster clause has been passed. [Interruption.] I see from the sedentary reaction of my hon. Friend the Member for Somerton and Frome (Mr Heath)—the Deputy Leader of the House—that the reason may be that such provisions are so pointless that there is no point in going any further. If that is the reason, it would be helpful if the Government made that clear, so that Members could consider that. I have to tell him that I do not consider the provision to be pointless—I would not imagine that the Government would do anything that was pointless in drafting the legislation.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 30th November 2010 Commons Chamber

[The Attorney-General]

It is not intended that it should have any impact on those figures whatsoever.

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

Does my right hon. and learned Friend agree that sometimes we lose focus by discussing the process of decision making about prosecution instead of focusing on deficiencies in the investigation of the crime? Particularly with reference to rape, that is a real problem that police forces are having to cope with.

[The Attorney-General]

It is absolutely right that the investigation of rape is one of the most difficult tasks for the police. That is for a whole range of reasons, including the difficulties of getting victims to come forward, the problems that the police face in having to look after them properly when they do, and the difficulties of ensuring that they will come to court to give evidence. There are also the problems that have been experienced with victims retracting their evidence. The Crown Prosecution Service, the police and I are very much alive to all those factors, and we will continue to do all we can to improve the way in which this type of offence is handled.

Prisoners’ Right to Vote

Robert Buckland Excerpts

Tuesday 2nd November 2010 Commons Chamber

[Mr Harper]

The hon. Gentleman makes a perfectly good point, of which the Government are well aware—and these are all exactly the sort of points that we are taking into account as we formulate our proposals.

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

Before the Government make their decision, will my hon. Friend and all his colleagues bear in mind that the ultimate expression of liberty is the right to vote, and that the principle is that it should be surrendered upon conviction and imprisonment?

[Mr Harper]

My hon. Friend will know that that is exactly what our representation of the people legislation currently says, but that has been judged to be unlawful by the European Court, and the Government are in the position of having to implement that judgment—as were the previous Government. That is what we are wrestling with at the moment, and when we have made our decisions we will bring them before the House.