Safety of Rwanda (Asylum and Immigration) Bill

Debate between Robert Buckland and Bob Seely

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Bob Seely]

My hon. Friend has made an excellent point. He is, of course, an eminent lawyer, and I, frankly am not. [Hon. Members: “There is still time!”] I am tempted to say, “I will stop digging.”

My hon. Friend is right in saying that we have had an influence, but I understand from what I have seen and read that there has also been the influence of a far more rationalist system on our own common law, and I do not consider the impact on EU law and casework on our system to have been entirely beneficial and entirely helpful.

[Sir Robert Buckland]

I am glad that my hon. Friend is making this point. I do not blame him because it is easy to elide the two now, but EU law and the operation of the Luxembourg Court is a very different discipline from what happens in Strasbourg. That Court is enjoined to interpret EU law, and what it says is gospel and we have to follow it. That is not the case with the Strasbourg Court. My hon. Friend has talked about case law. I will not put him on the spot too much, but can he name the cases that have posed a problem? Where are they?

I can help my hon. Friend. The judgment in the Hirst case, the prisoner voting case, was pretty poor. In fact, it was a bad judgment. Then there was the judgment about whole-life sentences, which we sorted out in the Court of Appeal: problem solved. The Abu Qatada case was a long saga, but we sorted that out too. Those are the only three problems we have had in 10 years, and that does not amount to a hill of beans.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between Robert Buckland and Bob Seely

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

The hon. Lady, with whom I served on the Justice Committee, is right to talk about risk assessment and the recall process. She knows that the recall process can be triggered on arrest, and certainly on charge, and that is regularly done in the normal course of events. When it comes to multi-agency public protection arrangements, I think she will note with pleasure that, only three weeks ago, the Home Secretary and I ordered a review to be conducted by Jonathan Hall QC, the Government’s independent reviewer of terrorism legislation. He will look at MAPPA with regard to this high-risk, high-level sector of the cohort, to ensure that we are getting it right and that the appropriate expertise is deployed at the right time in order to make the finest judgment with regard to risk.

[Bob Seely (Isle of Wight) (Con)]

If I understand it correctly, there are about 220 people serving time for terrorist offences, 50 of whom will be affected by this legislation. Is that because those 50 are up for imminent release within the next few months? Does this legislation in principle apply to all 220 people in prison for terrorist-related offences?

[Robert Buckland]

The cohort of around 50 are due for automatic early release; the rest will be subject to Parole Board assessment. Different types of sentence are available. We are talking about people on standard determinate sentences. Other types of sentence include extended determinate sentences. Some may still be on the historical IPP—imprisonment for public protection—regime, and there are also sentences for offenders of particular concern, or SOPC. Forgive me for the alphabet soup, but I am afraid that criminal justice sentencing legislation has not been the easiest matter for us to deal with, either as legislators or when I was a practitioner in this area.

Domestic Abuse Bill

Debate between Robert Buckland and Bob Seely

Wednesday 2nd October 2019 Commons Chamber

[Robert Buckland]

I am grateful. I do not know whether that was a compliment, but I will take it as such. I am very glad to see the hon. Gentleman in his place, representing that wonderful part of Gwent, where perhaps one day the electorate will take a different view—who knows? I hope not for a long time—[Interruption.] I was speaking on a personal basis.

The hon. Gentleman makes an important point about polygraph testing. I assure him, first, that this is a pilot; and, secondly, that this is not an attempt to use it as evidence. Clearly, there needs to be a high bar for the admissibility of evidence in criminal or family or civil proceedings. This measure is all about getting the sort of information—intelligence—that can help the police and other agencies to assess risk. Material of that sort can be invaluable and really make the difference for many victims.

Where prevention and protection has failed, some victims will seek remedies before the courts. I recognise that we must do better. In criminal proceedings against an alleged perpetrator, we want victims to be able to give their very best evidence to help convict the guilty. Giving evidence, as I said, can be a daunting, traumatic experience—and often a barrier—so there is already provision for what are termed “special measures”. It has been in legislation for 20 years. Those measures are designed to take some of the stress out of that process. If the quality of a victim’s evidence can be improved by allowing them to give evidence from behind a screen or via video link, or by playing a pre-recorded interview, we should do everything we can to allow that. The Bill, importantly, ensures that the victims of domestic abuse—the complainants in the trial—are automatically eligible for such special measures.

Few things are likely to re-traumatise victims more than being subject to direct cross-examination by their abuser in legal proceedings. Such an experience will inevitably cause immense stress, and would of itself be a continuation of the abuse.

[Mr Bob Seely (Isle of Wight) (Con)]

I am so grateful to the Secretary of State for giving way. I congratulate him on making a powerful speech.

The issue of coercive control is highly complex, and such control can trap victims in debilitating and isolating fear. Sadly, friends of mine who have been victims of coercive control talk of almost being taken psychologically hostage by an abusive former partner. Does the Secretary of State agree that the hope is that the Bill would not only change the law for the better—although we still need to scrutinise it, however widespread the support is—but would change behaviour as well, and encourage women who are victims of coercive control to know that it is not right?

[Robert Buckland]

My hon. Friend has coined a very powerful phrase—psychological hostage—which is the right characterisation of the relationship he describes. I welcome his support and observations, and I am truly grateful to him.

Oral Answers to Questions

Debate between Robert Buckland and Bob Seely

Tuesday 9th July 2019 Commons Chamber

[Mr Bob Seely (Isle of Wight) (Con)]

Will the Minister update us on the sale or transfer to the Isle of Wight Council of Camp Hill prison? Is he aware of the importance of the site to the Island and to public housing on the Island, and does he understand the frustrations of Islanders, who see yet another bit of land being land-banked by either developers or Government Departments?

[Robert Buckland]

My hon. Friend is right to raise this issue. I am as anxious as him to ensure that that land can be put to good use. I wrote to him last month. We have commissioned a demolition survey of the former Camp Hill prison, and I will meet him when the results are available later this month. I will also visit the Island to see the prison estate and to talk about the matter directly with the Island council.