Non-domestic Energy Support

Debate between Robert Buckland and James Cartlidge

Monday 9th January 2023 Commons Chamber

[James Cartlidge]

There will have been 18 months of support for non-domestic accounts for businesses, charities and the public sector, in which time we have emphasised—I was very open about this—the need to adapt to the new environment we all face. Everyone is having to do that —households and businesses, and so on. In the autumn statement, the Government announced a new long-term commitment to drive improvements in energy efficiency and to bring down bills for households, businesses and the public sector, with an ambition to reduce the UK’s final energy consumption from buildings and industry by 15% by 2030 against 2021 levels. Alongside existing support to 2025, the Government committed an additional £6 billion from 2025 to 2028 for energy-efficiency schemes across households, businesses and the public sector.

On the right hon. Member’s point about the £5.5 billion, I do think that we need some perspective, as £5.5 billion is roughly the cost of a 1p cut in income tax. That remains a significant fiscal intervention. It may be that, because of the huge amount of support that has been needed by our country, particularly since the pandemic—we have seen £400 billion-worth of support, and potentially close to £100 billion on energy—a figure such as £5.5 billion does not look as large. Perhaps that is understandable, but, compared with any normal fiscal event, it remains a very significant intervention. As I have said, it could still be worth up to £2,300 for a pub next year and, in our energy and trade-intensive sectors, up to £700,000 for a typical medium-sized manufacturer. That remains very significant support.

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

I welcome my hon. Friend’s statement. He will understand that many businesses face the prospect of having to pay significant up-front costs to enter into new contracts, which is a real challenge for those in my constituency and elsewhere. What work will he do with Ofgem, the regulator, to ensure that such punitive contracts can be ended and businesses can operate on a much fairer basis?

[James Cartlidge]

My right hon. and learned Friend asks an excellent question. Through the review, we have heard of issues in and around the pricing and availability of non-domestic tariffs, including increased standing charges, prohibitive contract renewal terms such as those he referred to and, in some cases, decisions by individual suppliers to withdraw from supplying particular sectors. Ofgem and the Department for Business, Energy and Industrial Strategy are working urgently to understand those issues, and Ofgem is launching a deeper review of the market. I can confirm that today, the Chancellor has written to Ofgem, asking it to do that work with the utmost urgency and to update him in time for the Budget. The Government recognise the importance of that work to many pubs, restaurants and other businesses that feel they are not getting a fair deal from their suppliers.

Oral Answers to Questions

Debate between Robert Buckland and James Cartlidge

Tuesday 5th July 2022 Commons Chamber

[James Cartlidge]

We are making a significant investment in additional funding for legal aid in immigration cases. I am happy to write to the hon. Gentleman with the full details of that important step change. On the wider issue of access to legal aid, I spoke earlier about our consultation on civil legal aid reform and the means test, which will enable 2 million more people to have access to civil legal aid and 3 million more people to have access to legal aid in the magistrates courts. Combined with the £135 million that we are investing in criminal legal aid in response to the Bellamy review, that is a significant investment, by any measure, in legal aid in all our constituencies.

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

Further to the question that my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) asked, I commend the courts Minister for his announced intention to meet representatives of the criminal Bar. May I press him to do so at the earliest opportunity? Will he make the subject matter of that meeting the implementation of the rest of the Bellamy reforms, notably the reforms to the advocates’ graduated fee scheme and the composition and remit of the advisory board?

[James Cartlidge]

My right hon. and learned Friend has made an extremely good point. He is aware of the article to which I referred in my answer to my hon. Friend the Member for Bromley and Chislehurst—the Chairman of the Select Committee—in which I made clear my wish to engage with the Criminal Bar Association on the next stage of reform, which includes the advocates’ graduated fee scheme and some of its core elements that were not in the first phase. As I have said, we adopted that two-phase approach precisely in order to deliver the initial increase in fees as soon as practicable, and it will be introduced in September: a 15% increase for criminal barristers working in magistrates courts and police stations and for those in the AGFS. We think that that is a very generous offer, and we hope the members of the CBA will think about it and stop their disruption of our courts.

Lawfare and UK Court System

Debate between Robert Buckland and James Cartlidge

Thursday 20th January 2022 Commons Chamber

[James Cartlidge]

I recognise that there is a lot of concern about sources of money. The hon. Member for Eltham (Clive Efford) and a number of other colleagues have talked about the source of funding. I do recognise its importance, but stress that the legal profession has a robust due diligence mechanism in place to prevent dirty money corrupting our courts. Anti-money laundering regulations exist to combat illicit financing. The suspicious activity reporting regime requires legal professions to report to the UK financial intelligence unit within the National Crime Agency where terrorist activity or money laundering is suspected. Law enforcement officials must act safe in the knowledge that the Government defend their investigative remit as we all collectively rely on their industry. There has been a lot of talk about following the money. I just make the point that we do have robust regulations in place, as my hon. Friend, the Chair of the Justice Committee said earlier.

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

I am extremely grateful to my hon. Friend for giving way. I know that he is working very hard on these issues. He is right to talk about suspicious activity reports. The problem with them is that, for far too long, we have prioritised quantity over quality. Will he focus on this with his colleagues at the Home Office to make sure that we make this a meaningful process? May I gently say to him that the point made by my right hon. Friend the Member for New Forest East (Dr Lewis) is germane? It is a clear SLAPP. If somebody is trying to do the right thing in the public interest, and, in effect, a litigation stops that, then that is a classic SLAPP and something that we should all be concerned about.

[James Cartlidge]

I certainly recognise it from what my right hon. and learned Friend said. I apologise to my right hon. Friend the Member for New Forest East (Dr Lewis) if I misinterpreted his question. I was seeing it perhaps in a different context—

Public Service Pensions and Judicial Offices Bill [Lords]

Debate between Robert Buckland and James Cartlidge

2nd reading
Wednesday 5th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

Let me start by thanking all right hon. and hon. Members for their contributions. Before turning to the specific points raised during the debate, I join other colleagues in recognising that this Bill is ultimately about public sector pensions, and comes at a time when our teachers, nurses, police, judiciary, and the entire public sector workforce are once again being tested by the ongoing challenges of the pandemic. I join others in expressing my profound thanks to all those working so hard on the frontline, particularly—as the Opposition spokesman, the hon. Member for Reading East (Matt Rodda), has quite rightly just said—those who have not been able to work at home. They have been out there, risking their health for our benefit, and we owe them a huge debt of gratitude. That is why this Bill ensures that those who deliver our valued public services continue to receive guaranteed benefits in retirement on a fair and equal basis.

However, of course, the Bill also includes provisions to help address the resourcing challenges facing the judiciary. I wanted to start with this crucial point about capacity in our justice system, not least because it gives me an excuse to offer my profound congratulations to my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) on his honour in the new year’s honours list. It is richly deserved, and as the Minister responsible for court recovery, I hope that a particular part of that honour was due to the massive effort that my right hon. and learned Friend put in with the Lord Chief Justice to keep jury trials going in this country against all the odds. That was incredibly difficult when the pandemic started, because let us be clear: 2 metre social distancing and jury trials go together like a fish on a bicycle, to put it bluntly.

If anyone is in any doubt about this very serious point, they should look at the situation in Wales today, because I can confirm to the House that the new 2 metre social distancing rule in Wales could have profound implications. It is our calculation that, of the 17 Crown courtrooms in Wales, five could be out of use if 2 metre social distancing is enforced strictly, and the two we were planning to open could not be opened. In other words, that would lose seven out of 19 courtrooms, or almost 40% of capacity. My right hon. and learned Friend is of course very familiar with the Welsh criminal courts, where he cut his teeth. I have been able to speak to the Counsel General for Wales, who is my opposite number. We had a good discussion this afternoon, and officials will keep talking, because there may be ways to mitigate this, but it really outlines why we have a capacity issue. When the pandemic hit, it slashed the capacity of our courts to hold jury trials, and it was in the Crown court that this was so crucial.

To give the mathematical quantification, in January and February 2020 we averaged about 8,000 disposals per month. I am pleased to say that last year we were averaging about 8,000 disposals per month from January to October, so we have been getting back to pre-covid capacity. However, in April 2020 there were just 3,000 disposals, with 4,000 the following month and 5,000 the month after that. The massive hit to capacity initially was to physical space—courtrooms and so on.

Therefore the initial focus, led by my right hon. and learned Friend, was on Nightingale courts, which are particularly good for bail cases; the use of IT, so that we had remote hearings; and of course the super-courts, which have been so important for multi-handed cases, where, with multiple defendants, social distancing is even harder. All those measures were about capacity in terms of physical space or using the internet in effect to increase our capacity, but the key thing, as we have got near to pre-covid capacity, is that the labour force has become the issue. That is why the Bill is so important for the judiciary and for our constituents, because it is all about the backlog.

We have active recruitment programmes. We are doing everything possible to recruit more magistrates, more judges and more recorders—our fee-paid judiciary—to sit, which is incredibly important, but ultimately this measure is one way for us, relatively quickly, to bring some very experienced labour to bear to help us to bear down on the backlog. That is why I am grateful that all of my colleagues have welcomed the increase in the MRA to 75. Is my right hon. and learned Friend intervening? [Interruption.] I thought he was, but I apologise.

[Sir Robert Buckland]

No, but I am happy to intervene. I do not want to make this too oleaginous, but the point my hon. Friend makes about capacity is a huge one. We do not have enough recorders or judges, no matter how many the Lord Chancellor signs back in after retirement. That, I am afraid, is because there has been a bit of a crisis in confidence, and therefore a lack of people coming forward to do these important roles. I reiterate what I said in my speech, which is that we need a world-class independent judiciary, and that is why the Bill is so important.

[James Cartlidge]

Perhaps in the days without masks it would have been easier for me to tell whether my right hon. and learned Friend was actually intervening, but he is absolutely right.

I can answer the question posed about the lifetime allowance by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), and by the shadow Chief Secretary, the right hon. Member for Wolverhampton South East (Mr McFadden). To clarify, the legacy judicial pension scheme is unregistered for tax purposes, so the lifetime allowance tax charge does not apply to accruals under that scheme. The new judicial pension scheme, to be introduced from 1 April, will also be unregistered for tax purposes, so no lifetime allowance tax charge will apply to that scheme either. I hope that answers the question, which is a very important one.

Diversity, which was raised by several colleagues, is incredibly important. Just as in education we have been asking teachers to return to schools to help out and at the start of the pandemic the health service had many thousands of nurses and others returning to clinical roles, we are in effect doing the same. When we do that, however, we obviously cannot directly influence the diversity of the people who are returning to a profession or being retained for longer. As the Chair of the Justice Committee said, it is about reaching out to the recruits of tomorrow. We are taking many steps: for example, since 2020 we have been funding a two-year pilot programme of targeted outreach and support activity by the Judicial Appointments Commission, providing advice and guidance to potential candidates from underrepresented backgrounds, including those from BAME backgrounds, women and the disabled, and soliciting candidates for specific senior court and tribunal roles. In terms of magistracy, we will be launching a new online magistrates recruitment programme in the coming weeks to encourage applications from younger, more diverse cohorts. This is an important point.

The former shadow Chancellor, the right hon. Member for Hayes and Harlington (John McDonnell), the shadow Chief Secretary, the right hon. Member for Wolverhampton South East, and the shadow Work and Pensions Minister, the hon. Member for Reading East, asked the important question of where the £17 billion will ultimately be coming from. The cost of the remedy is estimated to increase pension scheme liabilities by £17 billion, so it is the scheme liabilities that increase. However, that liability will be realised over many decades. It also represents a small proportion of the total savings of around £400 billion that will arise from the wider reforms to public service pensions. To be absolutely clear, the liability will fall on the Exchequer. I hope that offers clarification.

The shadow Work and Pensions Minister asked for clarity on the issues around the ceiling breaches and so on. As the Chief Secretary to the Treasury made clear in his opening speech, no member will see a reduction in their benefits as a result of the 2016 valuations. I hope that provides some reassurance to the shadow Minister. UK asset resolution schemes currently pay out benefits of about £530 million per annum; this is a cost the Government already bear. The policy creates a more efficient situation for paying these pensions and ensuring the current schemes will have a stable benefit.

The question asked by the right hon. Member for Hayes and Harlington and the shadow Work and Pensions Minister about the so-called pensions trap and the issue around the police has been raised with the Government by police representatives and we have been considering it. The Home Office is consulting on detailed regulations to implement a prospective McCloud remedy for the police pensions scheme, but the Government must not take action contrary to the intention of this Bill to remove discrimination identified by the courts by inadvertently introducing new unequal treatment and discrimination.

The hon. Member for Edinburgh West (Christine Jardine) and the shadow Chief Secretary both raised an important point about advice and guidance, and they were right. These are potentially complex issues. Perhaps one important point is that for many members this will hopefully be relatively straightforward; they will be presented with two options, one of which will be financially more generous. Hopefully, therefore, it will be relatively straightforward, but of course it is important that we provide guidance. Providing sufficient guidance for members to make informed decisions about their pensions is of the utmost importance and as such the Bill already requires that schemes provide members with remediable service statements containing personalised information about the benefits available to them. This will include details of the benefits available to them under the legacy scheme and the benefits available to them if they elect to receive new scheme benefits or choose for a period of opted-out service to be reinstated. These statements will be provided to active members on an annual basis.

The hon. Lady also raised the important issue of women and the general point about fairness. The Government agree strongly with the need to ensure that the impact of the Bill is fair on members of public service pension schemes with protected characteristics, including women. A full equalities impact assessment of the Bill was conducted and published alongside the Bill’s introduction. In addition, when making the necessary changes to their scheme rules to deliver remedy, pension schemes will carry out any appropriate equalities analysis for their specific schemes in compliance with the public sector equality duty in section 149 of the Equality Act 2010.

I am grateful for the support of the former Secretary of State, my right hon. Friend the Member for Newark (Robert Jenrick), on lifting the retirement age and, we hope, its impact on capacity issues. He put his specific point well in saying that his suggestion is the very opposite of politicisation. The Government have made their position on boycotts clear. We do not hesitate to express our disagreement with foreign nations whenever we feel that it is necessary, but we are firmly opposed to local boycotts that can damage integration and community cohesion, hinder exports, and harm foreign relations and the UK’s economic and international security. Local authorities should not undertake boycotts that could undermine foreign policy, which is a matter for the UK Government alone. The Government therefore remain committed to our manifesto pledge to ban public bodies from imposing their own boycotts, disinvestment or sanction campaigns, and we will legislate as soon as parliamentary time allows.

Protecting the Public and Justice for Victims

Debate between Robert Buckland and James Cartlidge

Wednesday 9th June 2021 Commons Chamber

[Robert Buckland]

I am grateful to be prompted by my hon. Friend, who anticipates what I was just about to say about the next limb of our investment, which is in technology. At the beginning of the pandemic, about 500 cases or so were being dealt with by way of telephone or remote technology across the whole of England and Wales. Last week, the number reached 20,000—just under half all the cases heard every week in our various jurisdictions.

That has not happened by accident; it has happened as a result of significant Government investment in the hardware and software so that the technology works as well as possible for all court users. We continue, through the £1 billion court reform programme launched in 2017, to evolve, refine and improve the technology. All the measures that we have invested in are supported by the biggest single increase in court maintenance in nearly 20 years—the £142 million that I announced last summer. That is further evidence of the concerted action that I and the Government have taken since the outset of the crisis.

Plans were outlined for recovery in the criminal courts in September last year—most notably, our commitment to create 290 courts that could be used for jury trials. But we did better than that: we now have over 300 courts that can be safely used for jury trials—and they are happening day after day. We published our plans for other court recovery, relating to other jurisdictions, in November. I can remember a time at the beginning of this crisis when there was a serious question as to whether the wheels of justice could carry on rolling at all, but at no time did we stop. Again, that is as a result of the application and dedication of everybody involved. The most difficult and troubling moment for all of us concerned in the system was the decision to stop jury trials at the end of March 2020. There was a two-month hiatus, but it did mean that in late May of that year we were among the first jurisdictions in the world to start jury trials again. That was a remarkable achievement and a testament to everybody who got involved in that endeavour. Clearly, that has had a consequence and an impact, and I do not seek to shy away from the reality of that. However, I can sincerely say to the House that our robust action—the investment we made, the multi-layered approach we are taking—is yielding the sort of results that all right hon. and hon. Members would welcome: the sort of outcomes for witnesses and victims that we all want to see. Can we do more? Yes, we can, and we are going to do more, not just in the ongoing work to recover from covid, but on the legislative framework, which I think we all agree needs to be enhanced.

[James Cartlidge (South Suffolk) (Con)]

One area of crime that has seen a significant increase during the pandemic is pet theft, with the number of dogs being stolen in Suffolk alone having doubled. I very much welcome the Lord Chancellor’s taskforce on pet theft. Does he expect that it will lead to legislation in the current Session?

[Robert Buckland]

I am grateful to my hon. Friend, who raises an important issue. Clearly, the abduction and theft of much-loved pets has caused real distress to too many people. During the lockdown, we have seen the rise in pet ownership, because of the comfort and company that much-loved pets bring, yet there is no doubt that there is an insidious market in the underhand sale of animals. Clearly, there is a wider issue here that needs to be looked at, which is why I was delighted to help bring together my right hon. Friends the Home Secretary and the Environment Secretary to form the taskforce. We are looking at legislative measures, whether they relate to enhancing cruelty laws, on which we have already taken important action, increasing the maximum to five years, or to looking at stamping out the trade itself, in a way that we did several years ago with regard to scrap metal, where there were a spate of thefts and real misery for many people. We are looking at this in great depth and we aim to come back in a short while with a report. If that means we need to legislate, of course we will do so.

I wanted to talk about victims. The hon. Member for Hove (Peter Kyle) is not in his place, but I wanted to pay a bit of a tribute to him for the work he did when he was in the shadow team with the right hon. Member for Tottenham. The hon. Gentleman has been consistent on these issues and I respect that, and I listened carefully to what he said. My proposed way forward of having, first, a proper and full consultation to make sure that this legislation is future-proofed and fit for purpose, together with the draft Bill approach, will give everybody the chance to really bring a cross-party flavour to what our deliberations should be, to make sure that any product is going to be the result of mature and careful deliberation, so that we are not just paying lip service to these issues and not just enshrining the victims’ code into law, important though that is, but we are looking carefully at how people, organisations and agencies are held accountable. That is the big question we all need to ask ourselves. Here is the challenge for the right hon. Gentleman and others in this House: we have to balance the important principles of independence of prosecutorial authorities and other agencies within the criminal justice system, with the clear and present need for victims of crime to feel that if something has gone wrong, not only can they go and complain to somebody, but there is an outcome they can be satisfied with—there is accountability for any failure or dislocation in the system. That is what we all need to put our shoulders to the wheel on. I am sure that, in the spirit of the exhortation from the right hon. Gentleman, he will take that away and consider the offer that I make for how we can create a truly transformative victims law.

European Union (Withdrawal) Bill

Debate between Robert Buckland and James Cartlidge

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

I say to our friends and colleagues in the SDLP—I think in particular of Margaret Ritchie, the former Member for South Down, who, as we know, is rather unwell, and who was a dear friend and colleague prior to the election—that I must respectfully disagree with them on this issue. A commitment to the EEA is, I am afraid, a problem in the sense that I have outlined—it is a gateway to the four freedoms.

I want to deal with the issue of Liechtenstein and other countries. Liechtenstein has, of course, negotiated an immigration quota system, but it is a country of only 37,000 people. It is probably less than half the size of most of our constituencies. I do not see a permanent exemption on free movement being afforded to a country of the size of the United Kingdom, and that is why the intervention from the right hon. Member for Don Valley (Caroline Flint) was so important. For all those reasons, we cannot accept amendment (a) or the original Lords amendment on the EEA.

[James Cartlidge (South Suffolk) (Con)]

One consequence of free movement is that we restrict unskilled migration to Europe. Is it not the case that if we no longer have free movement but have a single immigration system, unskilled migration will, by definition, have to be open to people from anywhere?

[The Solicitor General]

My hon. Friend is quite right, and that is why we need to create a system that does not discriminate between EU and non-EU countries.