Oral Answers to Questions

Debate between Robert Buckland and Helen Goodman

Thursday 7th March 2019 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend. She knows, in the context of disclosure, that we must be very careful to strike a balance so that it does not become a box-ticking exercise. In particular, in every case the necessity to seize telephones and other items from victims should be assessed very much on the evidence, rather than as a matter of course. I think we must do everything to make it clear to victims that they will get support and encouragement, rather than feel that the process is working against them in a way that can be just as traumatic as the crime itself.

[Helen Goodman (Bishop Auckland) (Lab)]

5. What recent discussions he has had with Cabinet colleagues on the legal implications of the Northern Ireland backstop.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Helen Goodman

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend’s recollection is accurate, although to be fair to the right hon. and learned Gentleman, he sought to clarify or narrow the terms of reference of his application. I simply say to her what I said in that debate, which is that the Government will provide a full and clear legal position to the House and that it will then be a matter for the House to judge whether that is sufficient.

[Helen Goodman (Bishop Auckland) (Lab)]

If the Government knew they would take the position of not providing the full legal advice—and the Minister wound up that debate on 13 November—why did they not vote against the motion? [Interruption.]

[Mr Speaker]

Order. We cannot have people chuntering from a sedentary position, particularly when they have already spoken. We have heard the hon. Member for Chelmsford (Vicky Ford); we know what she wanted to say and we are most grateful to her for that. We do not need sedentary chuntering. It is not helpful and it is unseemly—stop it.

Paid Directorships and Consultancies (MPs)

Debate between Robert Buckland and Helen Goodman

Wednesday 17th July 2013 Commons Chamber

[Mr Buckland]

I had better not give way any further because I am running out of time. I accept that it is for individual Members to make judgments about the balances they have to strike—believe you me, Madam Deputy Speaker, I view it as a great honour and privilege to serve the people of my constituency, and I think about that every working moment. However, I do feel that I strike a fair balance in the work I do. I am available for my constituents and I work as hard as any other MP to fight for their interests. Bringing into this place the work that I have done in the past and the experience that I have gained, and keeping in touch with it in the way I do during the recess is beneficial.

[Helen Goodman]

The hon. Gentleman, too, is being sincere in what he is saying, but does he not think it slightly incongruous that this House is the last place where what he describes is possible? Even in the other place people are not allowed to be part of the Chamber and part of the judiciary.

[Mr Buckland]

I do not think that is actually right, because the office of recorder was not included in the exemptions in the Constitutional Reform Act 2005, which, of course, was passed by the previous Labour Government. I make no apology for that, because I believe that individual—

Defamation Bill

Debate between Robert Buckland and Helen Goodman

Tuesday 12th June 2012 Commons Chamber

[Mr Buckland]

My hon. Friend is right. However, we must always bear in mind the ineluctable fact that primary legislation, however useful it is, can often be seen as setting in stone, or setting in a particular moment in time, the law as it then stood. Because of the inevitable pressures in this place of the other priorities that we have to deal with, there is a danger that legislation does not keep pace with change and is not as flexible as judge-led law.

[Helen Goodman]

Surely the point made by the hon. Member for Stroud (Neil Carmichael) was that if we have the right architecture in the legislation, we can change the secondary legislation in a more flexible way as technology changes. I think that we can deal with technological development and that we should not be so nervous about it.

[Mr Buckland]

There is always tension in the minds of parliamentarians between wanting, quite naturally, to see as much detail as possible in primary legislation, because not only is that an accountable and democratic way of dealing with things, but it allows for full and fair debate, and the need to allow for flexibility through the use of secondary legislation. The hon. Lady’s point is an important one. Often in this place, in our enthusiasm to make primary legislation as prescriptive as possible, we fall foul of the danger that I highlighted just before her intervention.

The evolution of the law of reputational damage is interesting to note. In the 19th century, damage to reputation was seen as a very significant factor indeed. Reputation was seen as part of the property of an individual and something to be highly valued. It is interesting to note that at that time, when the privacy of the rich and powerful was easily protected—much more easily than it is now—the only windows into the private lives of the rich and influential were trials for libel. The evidence would be heard, sometimes by a shocked jury. Notable members of society would be brought to court to give evidence. The Prince of Wales gave evidence in a trial in the 1890s during the famous baccarat scandal. That arose from a libel action.

We have a somewhat romanticised view of libel, which stems to a large degree from the Oscar Wilde trials. It is important to remember that the first trial involving Oscar Wilde was the prosecution for criminal libel of the Marquess of Queensberry. It was not a civil case, but a criminal one. Through what would be regarded, on any objective analysis, as the clever advocacy of Sir Edward Carson, that criminal prosecution failed and, famously, the tables were turned on Oscar Wilde. We all have views about the injustice that was meted out upon that gifted poet and author. His words echo down the years and are a reproach to a generation that sought to criminalise the acts that were the subject of those trials. Those trials have contributed to the romance that surrounds libel trials and the involvement of juries.

That is why, although the interventions on my right hon. and learned Friend the Lord Chancellor about the right to trial by jury were interesting, I believe that clause 11 is an overdue measure that reflects the reality of the modern situation when it comes to civil libel trials in England and Wales.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Robert Buckland and Helen Goodman

Tuesday 17th April 2012 Commons Chamber

[Helen Goodman]

Once upon a time the Tory party was the party of liberty, and was particularly energetic in defending the liberties of the individual against the power of the state, but such activity has been completely abandoned this evening, particularly in the Secretary of State’s approach to welfare benefits. It is wholly objectionable for the welfare system to operate without a proper right of redress and recourse unless there is a disagreement about a point of law. That opens the gate to maladministration and low standards, and to a continual lack of proper administration of people’s benefit entitlements.

Not for the first time, the Secretary of State has revealed a perspective that is complacent, out of touch and gender-related. The absence of a woman in the justice team has been highlighted again today. As I have said to the Secretary of State before, I wish that he would telephone the Prime Minister and ask him to replace the hon. Member for Huntingdon (Mr Djanogly) with the hon. Member for Maidstone and The Weald (Mrs Grant), because she would make an excellent Under-Secretary of State. She would do a great job, and above all she would improve the policy. That is what interests us.

I intend to focus on two issues. The first is domestic violence. The hon. Member for Maidstone and The Weald drew attention to the problem of the time limits in the Government’s definition. Taking such a strongly legalistic approach to the evidence base and refusing to accept Lords amendment 194 removes the context of the pattern of domestic abuse. We know that by the time women go to the police they have experienced an average of 35 instances of domestic violence, which is why we want the Bill to provide for a different evidence gateway.

The second issue involves children. I find it incredible that although the Secretary of State expresses concern about child abduction and people seeing their children taken into care and says that in those instances legal aid should be available, when it comes to the needs of the children themselves he is prepared to abandon the 6,000 who will lose their entitlement if the amendment is not retained. It is clear that vulnerable children who are leaving care or estranged from their families may experience significant legal problems involving such complex issues as debt, housing, education, law and benefits. It is impractical to expect young people who already face significant difficulties to bear the additional burden of dealing with the justice system.

It is not clear that what the Government are doing is in accordance with the UN convention on the rights of the child. In another place, Lady Walmsley warned that if children’s access to legal aid is not protected, the Government

“will be taken to the international court. It is as simple as that.” —[Official Report, House of Lords, 16 January 2012; Vol. 734, c. 443.]

I ask Ministers whether they have taken into account the extra costs that will be associated with further appeals to the international courts. We need a proper system that is sensitive to the most needy children in our country.

[Mr Buckland]

I rise to deal with several points raised during consideration of this group of amendments. First, I welcome the Government’s sensible concessions in respect of domestic violence. The Secretary of State and his colleagues will know that when these matters were last before this House I expressed concerns about the role of undertakings in proceedings. I was concerned that undertakings would not be part of any process of assessment for legal aid. I am glad that the Government have accepted the concern expressed by me and others on that, and have accepted a range of other sources of evidence, including, most notably, that from women’s refuges and medical reports. I accept the Government’s argument that it would be better to incorporate that list of criteria in regulations, rather than in primary legislation. Experience shows that regulations can be more quickly amended if obvious problems and abuses occur in the system. It would be a tragedy if, through delays in legislative procedure, people in genuine need went without legal aid. For that reason, I am able to support the Government’s approach in the context of domestic violence.