Bill of Rights

Debate between Robert Buckland and Dominic Raab

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

I thank the hon. Lady, but clearly I disagree. First, no country has been more big-hearted when it comes to those fleeing persecution, from Hong Kong British nationals overseas to the 17,000 who were evacuated out of Afghanistan and the 125,000-plus visas in relation to Ukraine. The hon. Lady talks about standing up for those people; when our Prime Minister addressed the Ukraine Parliament, Union Jacks were flying and people were singing “God Save the Queen” in towns and villages across the country.

When it comes to protecting human rights, we should be big-hearted, but we should also stop the trade in human misery across the channel, which is a real threat to human rights. We should also make sure that we stand up for victims—the hon. Lady does not seem to care too much about that—in relation to the deportation of foreign national offenders. That is something that I think the people of Scotland, England, Wales and Northern Ireland all agree on. Why would the hon. Lady not support common-sense reforms and a rebalancing of the system to allow us to stand up for victims, stand up for the public and remove serious foreign criminals?

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

I welcome this statement, which builds on the work that I and Sir Peter Gross did with his important review. Sir Peter’s balanced committee did not say that all was well with the Human Rights Act 1998. There were issues to be dealt with, and in accordance with our manifesto commitment to update the Act, the Bill of Rights is timely. Does the Deputy Prime Minister agree that, over and above domestic action that we can take to reform and improve legislation, there is a strong case for international work to be done—on the same basis as the work we did in Brighton 10 years ago—in order to deal with issues such as extraterritorial jurisdiction? That is a common concern not just in this country, but among our judges and many other member states of the Council of Europe.

[The Deputy Prime Minister]

I pay tribute to my right hon. and learned Friend for the painstaking groundwork he did in the Ministry of Justice, and to Sir Peter Gross and his panel. All that work substantially influenced the shape of the reforms that we are able to announce today; they would not have been possible without the hard work that my right hon. and learned Friend put in. He is right to point to the 2012 Brighton declaration, because the Strasbourg Court under Róbert Spanó—its latest President, who is Icelandic—has talked about shifting from an age of a living instrument to an age of subsidiarity. People talk about our relationship, and it is important that we stick to the convention, but it is also important that the European Court follows its own strictures.

My right hon. and learned Friend mentioned extraterritorial jurisdiction. I will certainly follow up on his advice, as the issue is also addressed in the Bill of Rights. Again, I thank him for his contribution.

Strategic Lawsuits Against Public Participation

Debate between Robert Buckland and Dominic Raab

Thursday 17th March 2022 Commons Chamber

[Dominic Raab]

I thank the hon. Lady for her thoughtful and cogent statement, intervention and set of questions. I point out to her that we are dealing with the tier 1 visa, and the sanctions regime, both in the number of people and entities, plus the scope—I think it is now at $45 billion—demonstrates what we are doing on that front. The substantive proposals are all set out in the call for evidence, which is available in the House. She will find all the answers. I think it will be a combination of things. There are regulatory matters through the SRA regime that we want to look at, particularly around the ethics for solicitors, where there will be elements of perhaps secondary legislation. When we are dealing with libel law and the Defamation Act 2013, it will require changes to primary legislation, but I do not want to pre-empt the outcome of the call for evidence.

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

My right hon. Friend is absolutely right to identify what has been a stunningly quick recent phenomenon, bearing in mind the exponential increase in cases in the past year alone. I am grateful to my hon. Friend the Member for Isle of Wight (Bob Seely) for discussing this matter with me when I was in office. We could see this trajectory rising at an alarming rate. The Secretary of State is absolutely right now in his consultation to build on the work we did in the Defamation Act 2013, where we raised thresholds to bring libel cases, and strengthening the public interest defence is absolutely the right way to go. Will he undertake to look not only at this phenomenon, but other areas where we see individuals or groups bringing cases purely on the basis that they wish to get disclosure or information from Government that is designed to make some sort of political or power point, as opposed to wanting the merits of the case dealt with by a court?

[Dominic Raab]

I pay tribute to all the work that my right hon. and learned Friend did in his tenure as Justice Secretary. He and I have looked at various things in this House together over many years, and the one thing we have always agreed on is the primacy of free speech. It is not entirely unqualified—libel laws are there for a reason—but he is absolutely right that the quintessential British liberty that guards all the others is freedom of speech and expression. However troubling it may be for politicians to have the journalistic scrutiny, rigour and all that, we understand in our hearts that it is critical to a healthy, vigorous democratic society, and I will certainly look at any other examples that he may wish to raise where we see this kind of legalised bullying through the courts and our jurisdiction.

Legal Aid

Debate between Robert Buckland and Dominic Raab

Tuesday 15th March 2022 Commons Chamber

[Dominic Raab]

We will take no lectures from the hon. Gentleman given that he was there at the time that Labour was planning those swingeing cuts and, indeed, he backed them. Only now, when we have had to deal with the financial consequences of the economic mess that the last Labour Government left behind and put ourselves on a sustainable footing with the biggest investment in legal aid for a decade, he is complaining.

The Crown court backlog and the magistrates court backlog are coming down. Again, I did not hear from him a clear statement that strike action would be not only unwarranted but the last thing we need as we build back and recover in our Crown courts and magistrates courts.

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

I welcome my right hon. Friend’s statement. I am glad that he has followed the excellent recommendations of Sir Christopher Bellamy and I am glad to see the work that I started coming to fruition. He is right to draw a contrast between the approach and language in the Bellamy report and some of the hostile environment, frankly, that the criminal Bar had to put up with under the last Labour Government, which I remember very well. I also commend the raising of the threshold on civil legal aid, which will be one of the single biggest extensions of eligibility that we have seen in many a year. May I press him on the consultation period? I agree that he is absolutely right to follow public law principles, but I suggest that a slightly shorter period of eight weeks followed by an SI could deliver the necessary changes in an even shorter time.

[Dominic Raab]

I pay tribute to the huge amount of work that my right hon. and learned Friend did, which I was fortunate to inherit, before we came forward with our proposals. I agree with much of what he has said and done in this area. He is right to talk about the environment and the climate within which we talk about lawyers, because it was of course under the last Labour Government that they named and shamed lawyers for earning too much in fees. [Interruption.] The hon. Member for Hammersmith (Andy Slaughter) is chuntering from a sedentary position, but he is guilty of doing exactly that under the last Labour Government. We have not done that; we have engaged in a sober and sensible way because we understand the value of the legal profession, both barristers and solicitors.

I understand my right hon. and learned Friend’s call for a slightly shorter consultation period but, given the legal risk that I have been advised on, shortening it from 12 weeks to eight weeks does not seem the right thing to do. The consultation period is there not just as a legal matter but to ensure that we can tease out all the detail of the reforms, such as the implications of the fees and of the wider systemic reforms that we are introducing. It is right to take that time and I cannot see how a difference of four weeks can justify strike action in this case.