Northern Ireland Executive Formation

Debate between Robert Buckland and Lindsay Hoyle
Wednesday 31st January 2024

(1 month, 3 weeks ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Northern Ireland Affairs Committee.

Robert Buckland Portrait Sir Robert Buckland (South Swindon) (Con)
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I warmly commend the hard work of my right hon. Friend—and good friend—the Secretary of State. It is only a week ago that we passed legislation to extend the election period, and heard the impressive and powerful speech of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). He has demonstrated, with his colleagues in the DUP, that to lead is to choose and to make difficult decisions. They have done that, and I think respect and praise are due in large measure for their hard work.

I am particularly pleased that the Command Paper incorporates many of the sensible recommendations from the hon. Member for Belfast East (Gavin Robinson), which we share, on further legislation to make sure that the position of Northern Ireland within the UK internal market is absolutely cemented. I am particularly pleased that the Command Paper looks forward to new investment—not just the important investment in public services, but the enhanced investment zone proposal of £150 million, which will be at the centre of how we attract new inward investment to realise the huge potential that Northern Ireland presents for jobs and the economy both here in the UK and across the wider world.

It is tempting for this Parliament, once it passes the secondary legislation, to say that the job is done, but we cannot afford to devolve and forget. Will my right hon. Friend assure me that this Government will not devolve and forget?

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Wednesday 17th January 2024

(2 months, 1 week ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Select Committee.

Robert Buckland Portrait Sir Robert Buckland (South Swindon) (Con)
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I commend my right hon. Friend for his efforts to try to restore the Assembly and the Executive with a big offer. Is it not right that, were direct rule to be contemplated, we would now need primary legislation following the St Andrews agreement? The political reality is that it would mean huge political pressure on all of us here, not only from within our United Kingdom but from outside. Does he agree that the best way to preserve our great United Kingdom is for everyone to get back around the table and to govern Northern Ireland from Stormont?

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Wednesday 19th October 2022

(1 year, 5 months ago)

Commons Chamber
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Robert Buckland Portrait Sir Robert Buckland
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I am always happy to meet the hon. Gentleman, with whom I have enjoyed lively exchanges over the years. I assure him that in the prospectus he will see a specific reference to the Senedd’s Well-being of Future Generations (Wales) Act 2015. Along with giving assurances as to our UK Government’s standards, I can assure him that the sort of concerns that have been outlined are unfounded and that he will find encouragement in the green initiatives that I am sure will thrive with the freeports project.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Secretary of State.

Jo Stevens Portrait Jo Stevens (Cardiff Central) (Lab)
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May I say on behalf of the Labour party, and particularly my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones), that we are all thinking of the community of Aberfan this week?

I welcome the Secretary of State to his new role. He must be very pleased, following his summer U-turn, that the Prime Minister has been taking daily lessons from him. The Welsh Government’s Minister for Finance and Local Government, Rebecca Evans, is now dealing with her sixth Chief Secretary to the Treasury. Can the Secretary of State explain how it is possible to progress the Welsh freeports prospectus with such an appallingly chaotic and unstable UK Government ahead of the 31 October Budget announcement?

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Robert Buckland Portrait Sir Robert Buckland
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My hon. Friend puts it extremely well. We have a good example with freeports. I very much hope that the Welsh Government step up to the plate on investment zones.

Lindsay Hoyle Portrait Mr Speaker
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Before we come to Prime Minister’s questions, I would like to point out that a British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.

Covid-19 Update

Debate between Robert Buckland and Lindsay Hoyle
Wednesday 5th January 2022

(2 years, 2 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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We congratulate Sir Robert Buckland on his knighthood.

Robert Buckland Portrait Sir Robert Buckland (South Swindon) (Con)
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Thank you, Mr Speaker.

I am sure that we on the Government Benches warmly welcome my right hon. Friend’s statement.

I had the honour of joining an army of volunteers at my local vaccination hub over Christmas to help to get people jabbed—there have been thousands of people every day and it has been a huge privilege. My local hospital, the Great Western Hospital, has declared an internal critical incident. I would be extremely grateful to my right hon. Friend and the Secretary of State for Health and Social Care if I received maximum assurance that the hospital leadership will get all the support it needs to maintain essential services for the people of my constituency and beyond.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 14th September 2021

(2 years, 6 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am sorry, but the right hon. Gentleman has not been in touch with me once about these matters directly. I have been working directly with the legal sector, the Bar Council and individual leading members of the profession, virtually daily to try to identify particular schemes and approaches we can take to assist judges, prosecutors and other lawyers in Afghanistan. I would love to see the list he talks about, because I can assure him that I will not rest until we do everything we can to help these dedicated professionals. I will, of course, keep the House updated on numbers as and when they are made available to me.

Lindsay Hoyle Portrait Mr Speaker
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We just need to tone it down a little bit on all sides. I am concerned about some of the language that gets used and some of the accusations that are being made. I am sure we will be able to move on in a much more reasonable way.

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Robert Buckland Portrait Robert Buckland
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I assure the hon. Gentleman that my right hon. Friend the Home Secretary has taken the fullest and most comprehensive advice on these matters. There is an immediate challenge: we face the appalling exploitation of people by gangmasters and traffickers across the English channel every day. It is absolutely right that she and Home Office colleagues explore every possible lawful avenue to deal with that. That is what this Government are committed to, and there is no question that her actions would come close to breaking international law.

Lindsay Hoyle Portrait Mr Speaker
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Chris Stephens is not here, so I call the shadow Justice Secretary, David Lammy.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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Thank you very much, Mr Speaker.

In the middle of a pandemic, the Secretary of State’s Government are prioritising attacking the Human Rights Act and judicial review, disenfranchising millions of voters with the Elections Bill on voter ID, and, now, threatening to break international law to make it harder for asylum seekers, including those from Afghanistan, to find sanctuary in Britain. The new president of the Law Society recently warned that those measures put respect for the rule of law in jeopardy in the UK. What does the Secretary of State say to the president of the Law Society?

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Robert Buckland Portrait Robert Buckland
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Further to that point of order, Mr Speaker. I am happy to correct the record and, of course, to apologise to the right hon. Gentleman. I remind him that I am more than happy to speak directly to him. He will know that the urgency of this situation means that phone calls and texts are absolutely acceptable, and I would be more than happy to discuss the matter with him in that way. As you know, Mr Speaker, this has been a very busy time, and I hope the House will forgive me if on this occasion I got it wrong. I do apologise to the right hon. Gentleman.

Lindsay Hoyle Portrait Mr Speaker
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That is good to see; harmony has broken out.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 29th June 2021

(2 years, 9 months ago)

Commons Chamber
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Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
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Forgive me, Mr Speaker, I was thinking about the pies at HMP Berwyn.

Lindsay Hoyle Portrait Mr Speaker
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Who ate all the pies?

End-to-end Rape Review

Debate between Robert Buckland and Lindsay Hoyle
Monday 21st June 2021

(2 years, 9 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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This is a very, very important subject and it is quite right that we are having this statement, but there are other Members besides those on the Front Benches whom I need to hear from. It is important to all colleagues to get on the record, so please, whether we are talking about the Minister or the shadow Minister, we must stick to the time that the House has agreed to. It is not what I have agreed to, but what the House and Members have signed up to. Please, let us ensure that everybody gets a fair chance.

Robert Buckland Portrait Robert Buckland
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I am mindful of your stricture, Mr Speaker.

May I remind the right hon. Gentleman very firmly about what I said? I rightly took responsibility and apologised for the overall failure that has led us to this situation. I do that as somebody who is politically responsible; I accept that without any qualification. I accept as well that resources are a matter for the Government, and I explained that, in the context of what we were left with, decisions were made back in 2010 that did indeed result in reductions. None the less, he will know as well that the issue with regard to the prosecution of rapes is not just about resources. It is about culture. It is about the way in which victims have, for far too long, been the focus of all attention. I know he agrees that that is inappropriate and that it is time for a much more perpetrator-focused approach.

When we calmly look at the figures for rape prosecutions over the past 10 or 15 years, we will see an encouraging rise from 2010 to about the middle of the decade, then a sustained improvement until about 2017-18, and then this very concerning decline that I have rightly acknowledged. That in itself tells us that something has happened here with regard to the way in which these cases are approached, and that has caused huge concern. There was a judicial review case about it that we are familiar with, which was hotly disputed between the Crown Prosecution Service and the sector, and, rightly, we waited for that to be concluded before we published this review. I say again to him what I said yesterday, which is that to in any way suggest that an increase in prosecutions and the bringing of cases should be linked to the fate or otherwise of a politician is constitutionally illiterate, dangerous, and the sort of approach that could lead to allegations of improper pressure being put on independent prosecutors.

I wonder whether, before he issued his public pronouncement, the right hon. Gentleman cleared it with his own boss. I can imagine the scene: me, as Lord Chancellor, speaking to the Director of Public Prosecutions in a way that would have crossed the line with regard to his prosecutorial independence; of course, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was the DPP, and I am pretty sure about the answer that I would have got from him. I think that the silence of the Leader of the Opposition on this matter speaks volumes.

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Robert Buckland Portrait Robert Buckland
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I am grateful to my hon. Friend, who, as a practitioner in the law, dealt with, in a family context, many of the consequences of serious sexual abuse. She will see that the report does include direct reference to our ambition to return phones within 24 hours, or to provide a swap-around service so that if the phone cannot be handed back, then a substitute will be given. However, this needs to go further with regard to investment in analytics. That is why this year I shall host a tech summit to bring together the sector in a way that can only lead to enhancements in the speed and quality of data analysis, because she is quite right that we need to improve that experience quickly.

Lindsay Hoyle Portrait Mr Speaker
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I now suspend the House for three minutes to enable the necessary arrangements to be made for the next business.

Hillsborough: Collapse of Trials

Debate between Robert Buckland and Lindsay Hoyle
Thursday 10th June 2021

(2 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
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I am sure that the whole House would want to join me in paying tribute to the immense courage, determination and patience of the families of the 96 people who died in the Hillsborough disaster, and of those injured who, 32 years on, continue to grieve about the events of that truly terrible day.

The collapse of the case concerning two former police officers and a solicitor who are charged with perverting the course of justice for allegedly having altered statements to be provided to the 1990 Taylor inquiry was the final opportunity for the families seeking justice for what happened at Hillsborough. As the House will have seen, the trial judge in that case ruled that the offence of perverting the course of justice could not have been committed because the inquiry was carrying out an administrative function for the Home Secretary and was not a process of public justice. As such, the prosecution was not able to establish a key element of the offence of perverting the course of justice and the case was unable to proceed any further. Of course, as Lord Chancellor, it is my duty to respect that decision.

Since the Taylor inquiry, the Inquiries Act 2005 was introduced, which allows inquiries to take evidence on oath and to compel witnesses to give evidence and to produce documentary evidence. Section 35 of that Act also makes it an offence to commit acts that intend to have the effect of distorting, altering or preventing evidence from being given to the statutory inquiry. It is also an offence intentionally to suppress or to conceal a relevant document or to destroy such a document.

Members will be rightly concerned as to what, if any, effect this may have on current public inquiries, such as the Grenfell inquiry, the undercover policing inquiry and the independent inquiry into child sexual abuse.

Each of those are statutory inquiries and each has been set up under the aegis of the 2005 Act, which means that, should someone seek to distort, destroy, conceal or suppress evidence in any of those inquiries, that Act provides that those actions will constitute a specific criminal offence. Indeed, the common law offence of perverting the course of justice may also be an appropriate offence to charge if the elements of that offence are made out.

We recognise the need for those in public office to act responsibly and to discharge their duties with both honesty and integrity. As we continue to consider the judgment in the latest Hillsborough trial and its implications, we will of course always consider opportunities to review the law and how it operates. I want the families to know that there will be no exception in this case. We are carefully considering the points made by the former Bishop of Liverpool, James Jones, in his 2017 report on the experiences of the Hillsborough families, including in relation to the proposed duty of candour. Our focus now, after the trial’s conclusion, will be on publishing the Government’s overarching response to that report, after having further consulted all the families.

Irrespective of the outcome of this case, the Government continue to be committed to engaging with the survivors and the bereaved families. It is critical that the lessons of the Hillsborough tragedy—the Hillsborough disaster—are not only learned but consistently applied so that something similar can never be allowed to happen again. The Government are absolutely determined to do just that.

Lindsay Hoyle Portrait Mr Speaker
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This is a very important urgent question and I wanted to make sure that it was debated, quite rightly, today. The Lord Chancellor took longer than I expected, so if Members feel they need to take longer, will they please bear in mind that I want to make sure that everybody gets a fair chance to have their say about this very important matter?

Maria Eagle Portrait Maria Eagle
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I thank Lord Chancellor for his careful and thoughtful words.

It is 32 years since the 96 people were unlawfully killed having gone to watch a football match, primarily through the gross negligence of the South Yorkshire police who should have been protecting them. Five years since the inquest verdicts, after six men were charged with 14 offences, only two charges were even put to the jury. Twelve charges were thrown out or withdrawn and just one conviction was secured, for a health and safety breach, resulting in a £6,500 fine. Yet since 2016, the families and survivors have been silenced to prevent any prejudice to the criminal proceedings, necessitating the cancellation of all public memorial services, including the 30th anniversary, and preventing them from correcting the record when the Hillsborough slurs about fans causing the disaster have been repeated—and they have been repeated in court and outside court.

Does the Lord Chancellor agree that it is a catastrophic failure of our criminal justice system that nobody has been held accountable for these killings and that it has taken 32 years for things to fail so badly? Does he think that the Crown Prosecution Service has any questions to answer about the charges laid, the vigour with which they were fought, and the CPS’s failure to challenge the reintroduction of the Hillsborough slurs when the families themselves could not because they were silenced? Does he accept that the utter failure, over 32 years, of our criminal justice system to do justice for these people requires changes of the law to make sure that families who are bereaved in public disasters never again have to endure this extended ordeal, after so many years trying to get truth and justice?

The Lord Chancellor seemed to say that he wants to learn lessons, and I welcome that, so will he consider enacting measures in the Public Advocate (No. 2) Bill, which is designed to stop things going wrong in the first place—that is the key to stopping things going wrong in respect of public disasters—and in the Public Authority (Accountability) Bill? Will he work with those of us in this House who have been campaigning on this issue to get it right for the future?

Since the collapse of the trials, two defence barristers have repeated the Hillsborough slurs in public. This matters so much to the families—the cover-up has been denied—so does the Lord Chancellor agree that it now has to stop? Will he make it clear that it must stop and that the apology that the former Prime Minister, David Cameron, gave in this House matters now as much as it did then and sets the record straight? Does he agree that the idea that it is lawful for a public authority to withhold information from an inquiry established to identify why 96 people died at a football event and to learn lessons, and for a solicitor to advise such a step, cannot be right and must be changed?

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Robert Buckland Portrait Robert Buckland
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I am grateful to my right hon. Friend, and I pay tribute to her for the approach that she took not only as Prime Minister but as Home Secretary throughout those years, particularly after the first report by Bishop James Jones in 2012. I well remember being a Back Bencher in this House and raising the issue of potential criminal charges, and now here we are, nearly 10 years later. I take the point about time, but I know that she will appreciate that I want to get this absolutely right. I want to make sure that anything that we do chimes with the aspirations and needs of those who might use such independent advocates. Our work will be fruitless if it does not achieve those aims.

Lindsay Hoyle Portrait Mr Speaker
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We now come to the shadow Secretary of State, David Lammy.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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I am very grateful to my hon. Friend the Member for Garston and Halewood (Maria Eagle), who has been at these issues in this House for 24 years on behalf of her constituents and others.

The Secretary of State will know that inquests have since found that 96 victims were unlawfully killed by the negligence of others. The authorities who were supposed to protect the 96 that day instead failed them. More than five years ago, the South Yorkshire police commander in charge on the day of the Hillsborough disaster admitted not only that he had inadequate experience to oversee the safety of the 54,000 people, not only that he accepted responsibility for the deaths, but that he lied, telling the then secretary of the Football Association that Liverpool fans should be blamed for getting entry through a large exit gate when, in fact, he ordered the gate to be opened himself. These lies—these pernicious, ugly mistruths—have caused incredible pain to the families of the 96, who were already in despair and obviously experiencing grief.

The collapse of the most recent case at the end of last month is yet another kick in the gut for the families of all those who lost loved ones at Hillsborough. It is nothing less than a national scandal that not one person responsible has been punished or held to account in the criminal justice system for these deadly failures. The lack of justice in this case is undermining the very concept of a public inquiry. After a tragedy like this, the system only works where there is good faith. There is clearly bad faith in respect of the Hillsborough tragedy, and we must legislate so that this can never happen again.

The travesty of Hillsborough is not a one-off. We can see parallels in the experience that the Grenfell families are going through at this time. Do the Government now accept that they need to change the law? Another tragedy, another 32 years of injustice—we clearly need to do something. This does not have to be a partisan issue. The former Prime Minister, as we have heard, yesterday expressed the need for legislative change after the most recent trial collapsed because, although it was accepted that police evidence had been altered, it did not constitute perversion of the course of justice as it was evidenced to a public inquiry. Authorities must be held to account and victims must be given the support that they need. The proposals to ensure that this takes place—the Public Advocate Bill and the Public Authority (Accountability) Bill—are ready to go. We cannot have more cover-ups, more lies and more pain for bereaved families. Truth and justice matter. Will the Secretary of State today commit to working cross-party to change the law not only to secure justice for the families of the 96, but to ensure that this does not and cannot ever happen again?

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Robert Buckland Portrait Robert Buckland
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In the hon. Lady’s sensitive and appropriate invocation of the memories of the 96, it is right to pause to remember that 50 years ago the Ibrox disaster happened in Glasgow, a major disaster costing many, many lives.

Lindsay Hoyle Portrait Mr Speaker
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And the one with Bolton Wanderers, too.

Robert Buckland Portrait Robert Buckland
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Indeed, Mr Speaker; you are quite right to add that to the record.

What brings those two tragedies together, although they are separated by time, is the fundamental approach that was taken to safety then. It seems that public order trumped safety, and the attitude of the then authorities was about the containment of potential unruly behaviour rather than the fundamental issues of safety. That lazy thinking, which seems astounding now in 2021, underpins many of the ways in which disasters such as this happened—or near disasters, which on many occasions were averted only by mere good luck or circumstance. That is an important point to reflect on. We cannot go back to those days. The care and safety of fans at matches have to be paramount and at the centre of any considerations by police and other agencies responsible for safety on these important occasions.

I have in my previous answers dealt with many of the proper points that the hon. Lady raises. I will reflect in this way: with regard to the inquest process, I think she will appreciate the important need for me to balance the imperative of ensuring that those who have been voiceless have a voice while at the same time making sure that we do not do anything inadvertent to close down opportunities for frankness. Although the Inquiries Act has done a very important job in making clear what is covered not just by statute but by the common law offence of perverting the course of justice, just because an inquiry might not be held under its aegis does not mean that there should be some retreat from principles of honesty, openness and integrity. That should not be the case. It should not just be about the letter of the law being there; it should be about the spirit of behaviour by everybody. That is what I want to see, and I know that it is what hon. and right hon. Members want to see too.

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Robert Buckland Portrait Robert Buckland
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The hon. Gentleman asks a very important question. Indeed, he touches on detail that my officials and I need to consider regarding not just the ruling, but the evidence that was given in the trial. As he knows, it would not be right for me to comment on the detail of that evidence. It is clear that that work needs to be carried out as part of a wider process of making sure that well-intentioned decisions to get on with important and expeditious work to uncover the truth do not end up, further down the line, in loopholes that can cause real misery to those who seek justice. He knows that my door is always open to him, and I am sure that we will carry on having an active dialogue on these important matters.

Royal Assent

Lindsay Hoyle Portrait Mr Speaker
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I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Act:

Finance Act 2021.

I now suspend the House for two minutes to enable the necessary arrangements to be made for the next business.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 18th May 2021

(2 years, 10 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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Members should ask only one question.

Robert Buckland Portrait Robert Buckland
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I understand, Mr Speaker, but my hon. Friend had to cover a lot there because the question of offending by young people and children raises complex issues. My hon. Friend is absolutely right to talk about the way in which we describe this behaviour, and indeed I made that very point in my maiden speech to the House. We should label that criminality as “criminality”, and it will sometimes be in the public interest to prosecute, because we have flexible community orders for children to address their offending behaviour, involving parents and carers in that process, too. But there are alternatives, and it is important to commend restorative action and early interventions to prevent children from getting into the criminal justice process in the first place.

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Edward Leigh Portrait Sir Edward Leigh
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For 600 years, the House of Lords and, latterly, its Appellate Committee did a superb job of being our Supreme Court. Nobody has ever given a proper cost-benefit analysis of what has been gained by abolishing it, apart from spending so much more extra public money. I doubt that the Government, or any Government, have the guts to abolish this wasteful institution, but will the Secretary of State and Lord Chancellor make it clear that we do not have a written constitution? We are not America. The Queen in Parliament —in other words, this House of Commons—is supreme, not the Supreme Court. That is particularly important if the Scottish National party should ever carry out its threat of a unilateral referendum against the wishes of this House of Commons in an Act of Parliament. Will the Secretary of State—

Lindsay Hoyle Portrait Mr Speaker
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Order. Sir Edward, you should know that it is not supposed to be a speech; it is a question. You have been here so long you should know that.

Robert Buckland Portrait Robert Buckland
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My right hon. Friend is absolutely right to decry the rationalist approach that was taken by the then Labour Government to our unwritten constitution. He is absolutely right to warn us against a descent into a United States-style constitutional court, which will do no one, least of all the judiciary, any good. I pay tribute to the members of that august body, but it is right that in the wider context of constitutional reform, we look at all aspects of our constitution to make sure that we get the balance right and to emphasise the point that Parliament is supreme.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 16th March 2021

(3 years ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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The hon. Lady is absolutely right to refer to the female offender strategy, which is at the heart of our approach to women offenders—the trauma-informed approach that she knows is so important. I can reassure her that the prison places that we are building will improve and enhance the existing female estate, some of which, frankly, is not fit for purpose. This will replace and revivify the estate and allow women to be in a secure environment where they can do purposeful activity, support each other and, indeed, benefit—[Interruption.] I do not know why Labour Front Benchers think it is so funny, Mr Speaker. I have certainly supported the female offender strategy, and I will repeat the point that what we are doing is improving and enhancing the custodial experience while delivering the strategy and, of course, residential centres such as the one in Wales that will be opening very shortly indeed. [Interruption.] I really fail to see why women offenders are so funny, Mr Speaker.

Lindsay Hoyle Portrait Mr Speaker
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Can I just reassure you, Secretary of State, that they were not laughing at you? I think it was the expressions of the shadow Minister that they were laughing at—and people might think that those on the Government side were, too. I just want to reassure you that nobody was laughing at that situation.

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Robert Buckland Portrait Robert Buckland
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I thank the hon. Gentleman for his comments, but no, I do not have any second thoughts. The particular provisions on protests are a reflection of the Law Commission’s 2015 report and of the common law in England and Wales on public nuisance, which refers to, among other things, “annoyance”, “serious annoyance” and other terms that are well known to law. The maximum penalty in common law for public nuisance was life imprisonment. That is being reduced to 10 years. Frankly, I really do not see what the fuss is about. I rather think it is a confection designed to assist an Opposition in difficulty.

Lindsay Hoyle Portrait Mr Speaker
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Let us go to Sir Robert Neill, the Chair of the Justice Committee.

Robert Neill Portrait Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
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I, and I am sure all the members of the Justice Committee, will also want to associate ourselves with the Secretary of State’s comments. Does he agree that protection of the public is served not only by deterrent sentencing where necessary, but by a much a broader and more nuanced suite of alternatives for less serious offenders? Can he help us, in particular, on the timescale for the roll out of problem-solving courts, which have been called for by the Select Committee and by many other commentators over a number of years, but which, until now, have perhaps not always had the ministerial or governmental impetus behind them that is required to make them succeed as part of that smarter sentencing package?

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Robert Buckland Portrait Robert Buckland
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The hon. Gentleman—I nearly said my hon. Friend—makes a very important point. I am looking very carefully at those provisions. It is important to remember that the magistrates have the power to commit for sentence to the Crown court where they consider their powers to be inadequate. I urge that they do that with regard to particular—[Interruption.] Well, I am listening to him, and I do not want to get into a debate with him, but it is important that that point is strongly made in the guidance issued to legal advisers in magistrates courts. I will look into that point to ensure that the maximum sentence that should be imposed, consistent with the facts in a case, is imposed to meet the justice that this House wanted to achieve for blue light emergency workers.

Lindsay Hoyle Portrait Mr Speaker
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Order. I am suspending the House for three minutes in order for the necessary arrangements to be made for the next business.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 8th December 2020

(3 years, 3 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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The hon. Lady will be glad to know that an extra £3.4 million has been allocated to CAFCASS to help it through the crisis. Indeed, I take the point about long-term planning. In fact, we are looking wholesale at the way in which family cases are dealt with. The family harms report published this year was a no-holds barred analysis of what is wrong with the system, and both I and senior judiciary within the family division will do something about it.

Lindsay Hoyle Portrait Mr Speaker
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In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 22nd September 2020

(3 years, 6 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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I call the birthday boy.

Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
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Thank you, Mr Speaker.

Last week, I published a White Paper entitled “A Smarter Approach to Sentencing”, which sets out my plans to crack down on crime and keep dangerous criminals in prison for longer. It signifies a fundamental shift in our approach to sentencing towards one that is fairer, smarter and, ultimately, better protects the public. The measures I have announced include the abolition of automatic halfway release for certain serious sexual and violent offenders, and we will also introduce a new power to prevent automatic release if a prisoner poses a danger such as a terrorist threat.

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Robert Buckland Portrait Robert Buckland
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The work of Devon and Cornwall police in ensuring that virtual court processes carry on at this challenging time is very much appreciated. I am going to include in primary legislation, to be introduced as early as possible in 2021, a provision to allow court-appointed contractors to staff those virtual courts within police custody suites, in order to relieve the burden on serving police officers.

Lindsay Hoyle Portrait Mr Speaker
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In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.

Sentencing White Paper

Debate between Robert Buckland and Lindsay Hoyle
Wednesday 16th September 2020

(3 years, 6 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I thank the hon. Lady, whose constituency, of course, I know well—I appeared as a practitioner many, many times at the Crown court at Newport, both prosecuting and defending, and I know the community that she serves. I say to her and all those smaller organisations that it is my fervent hope and intention to make sure that they are involved in what we call the dynamic framework. I have made it very clear to my officials that I expect to see the small specialist organisations at the table. She is right to say that previously, the tendering process tended to squeeze out the smaller players. That is wrong. I have seen well over 150 small organisations already apply to get involved, and both I and the Minister of State, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), will be taking a very close interest in this matter. If there are any further concerns, the hon. Lady should not hesitate to write to me.

Lindsay Hoyle Portrait Mr Speaker
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We head up to Harrow, to Flight Officer Blackman.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con) [V]
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Thank you, Mr Speaker. I warmly welcome my right hon. and learned Friend’s statement. He will be well aware that my constituency suffered a spike in extremely violent aggravated burglaries prior to covid-19. My constituents want to know what steps he will take to ensure that the new sentences he is announcing are actually awarded by judges, and that criminals who perpetrate crimes against the person are not only brought to justice but punished and kept in prison, so that the sentences meet the crime.

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Robert Buckland Portrait Robert Buckland
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I am grateful to the hon. Gentleman. He knows that in our manifesto the Government committed to updating the Human Rights Act, which is entirely—[Interruption.] The hon. and learned Member for Edinburgh South West (Joanna Cherry) laughs; it is entirely right that an Act that is now 20 years old is looked at carefully, and we will do that. May I absolutely, categorically—[Interruption.] I am sorry, but no Act of Parliament is immune from review or updating, and frankly it is right of us—[Interruption.] It is entirely consistent and correct—[Interruption.] I find the faux outrage of Opposition Members extremely discordant with what the public of this country think. What we are doing, after having secured a large majority, is following through on our manifesto commitment. I make no apology for that, but I will say to the hon. Member for North Down (Stephen Farry) that the commitment of this Government to membership of the European convention on—[Interruption.] If the right hon. Member for Tottenham (Mr Lammy) listens, he might learn something. The commitment of this Government to the European convention on human rights is absolute. It was British Conservatives who wrote it—my predecessor Lord Kilmuir, Sir David Maxwell Fyfe, and his team wrote the convention—because we were and are believers in fundamental human rights and freedoms. We wrote it; we are the party that created the convention; and we will stick by that.

Lindsay Hoyle Portrait Mr Speaker
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In fairness, we just need to turn it down a little. The Lord Chancellor is one of the most respected and well-mannered Members of this House, and I do not want him to spoil that in my company.

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Robert Buckland Portrait Robert Buckland
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I pay tribute to my hon. Friend, who has taken a long and deep interest in this, both as a Member of Parliament and in her previous work as an adviser. She, like me, took interest in criminal justice issues. Sometimes in the world of politics, criminal justice issues are somewhat unfashionable; they are seen as too hard to deal with—too difficult. Well, we should be doing difficult in this place, and she is right to offer me that challenge. What I would say to her at the moment is that these reforms offer a higher degree of justice to victims of rape, who can be assured that perpetrators will now serve longer behind bars. The question of risk and dangerousness needs to be fully understood and examined, and of course I will undertake to do that with her assistance.

Lindsay Hoyle Portrait Mr Speaker
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I want to try to get through the list, so could we speed up a little?

Stephanie Peacock Portrait Stephanie Peacock (Barnsley East) (Lab)
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Two years ago, my constituent Jackie Wileman was killed by four known criminals who stole a heavy goods vehicle. Those men had 100 convictions between them. The Lord Chancellor met me and Johnny Wood, Jackie’s brother, and I would like to take this opportunity to thank him and to welcome the decision to increase the maximum sentence for death by dangerous driving from 14 years to life imprisonment. May I also take this opportunity to press him on what progress his Department has made on the reintegration of the probation system?

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Robert Buckland Portrait Robert Buckland
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The hon. Lady quite rightly refers to what is often termed the justice gap: the difference between crimes that are reported and the bringing of those offences to full prosecution. The sad truth is that not all offences have the requisite evidence for the threshold to be met, and that is why we have an independent prosecutorial service in this country. She is right to talk about the need for us to bear down most heavily on investigation. Increasing the numbers of police officers—we are already 4,000 up on where we were, and we will hit the 20,000 target and, I believe, move beyond it—will help to turbocharge the investigation and prosecution of offences so that we can, in large measure, help to close that gap.

Lindsay Hoyle Portrait Mr Speaker
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The final question is from Dr Kieran Mullan.

Kieran Mullan Portrait Dr Kieran Mullan (Crewe and Nantwich) (Con)
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Thank you very much, Mr Speaker.

“Where an offender commits the premeditated murder of a child, we will legislate to ensure that the expectation is that a Whole Life Order…will be given, meaning they will spend the rest of their life in prison”.

Those words, taken straight from this White Paper, mean that finally the parents of a murdered child will at least be able to get justice, although the hurt and pain will never be undone. I have spoken previously about the case of Elsie Urry, who had to endure the pain of seeing the man who brutally murdered her three young children—Paul Ralph, four, Dawn, two, and nine-month-old Samantha—being released from prison last year. Does my right hon. and learned Friend agree that that and other changes demonstrate to people that this Conservative Government understand how British people feel about these issues, and that, where we can, we will go further to get justice for the victims of serious crime?

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 14th July 2020

(3 years, 8 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I readily join my hon. Friend in paying tribute to the work of local campaigners such as the ones in her constituency. She will be pleased to know that we are providing £800,000 of funding to the FLOWS—Finding Legal Options for Women Survivors—project run by RCJ Advice, which provides free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts. That funding is used to provide a helpline and email service, where victims can be referred to a legal aid solicitor or receive free advice directly.

Lindsay Hoyle Portrait Mr Speaker
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The hon. Member for Wakefield (Imran Ahmad Khan) is not online, so we will go to Ben Everitt.

Ben Everitt Portrait Ben Everitt
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Will my right and learned hon. Friend join me in paying tribute to grassroots organisations such as MK Act in my constituency, which has worked tirelessly to assist victims of domestic abuse throughout the lockdown? I would like to make the House aware of the Open University open justice team, who have collaborated with the charity Support Through Court to launch free online resources to support those dealing with domestic abuse.

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Robert Buckland Portrait Robert Buckland
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I am grateful to the hon. Lady for her question. She is right to highlight the tremendous success in the reduction of the number of children in custody, but the disproportionate number of black, Asian and minority ethnic children is of real concern. There are issues, identified in the Lammy review, among other things, relating to how legal advice is tendered and to engagement with the system. She will know that already, as a result of that review, we have started the “Chance to Change” pilots on different ways of dealing with allegations against black and minority ethnic youngsters. As for the wider work of government, I do not have those details at the moment, but I will make sure she is furnished with them as soon as possible.

Lindsay Hoyle Portrait Mr Speaker
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In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Tuesday 9th June 2020

(3 years, 9 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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The hon. Gentleman is making totally unfair comments from a sedentary position. We have started, particularly with regard to immigration, to increase the amount of money that is rightfully being paid. We are looking at trying to make sure that the money is targeted—[Interruption.] If the hon. Gentleman would listen, perhaps he might learn something. [Interruption.]

Lindsay Hoyle Portrait Mr Speaker
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Order. Let us calm it down.

Robert Buckland Portrait Robert Buckland
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Thank you, Mr Speaker. We are trying to make sure that the work that is done, particularly in immigration cases, which often involves a lot of preparation in skeleton arguments, is remunerated. That end of it has seen a significant fee increase, but it is an interim measure and the hon. Gentleman will be glad to know that more work is being done in this area. Of course we will engage closely with representative bodies. He may shake his head, but he represents a party that took a knife to legal aid. I will take no lectures from him about legal aid and what he did to it. I had to live with the consequences of what his party did and he can put that in his pipe and smoke it.

Oral Answers to Questions

Debate between Robert Buckland and Lindsay Hoyle
Monday 27th April 2020

(3 years, 11 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am extremely grateful to the hon. Gentleman for reminding the House and the country of the sacrifice made by many dedicated public workers, including our incredible prison staff. I will be speaking again to the Prison Officers Association later this afternoon to extend my continued thanks to them and their members for their dedication. I pay tribute to those who are unwell and I remember those members of our prison and probation service who have sadly died because of covid-19.

Lindsay Hoyle Portrait Mr Speaker
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I call the Chair of the Select Committee on Justice.

Robert Neill Portrait Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
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I know that all members of the Select Committee will wish to associate themselves with the Secretary of State’s tribute to prison staff and their work.

Does my right hon. and learned Friend accept that although the rates of infection are mercifully much lower than expected and anticipated—we are glad of that—very great strain is none the less being placed particularly upon overcrowded, older and Victorian and local prisons, which are frequently carrying far more prisoners than they were intended for? Will he confirm that the Government will use all measures, including, where appropriate, targeted early release, to meet our legal responsibilities in domestic and European law to protect the welfare of prisoners in the state’s custody and that of staff employed to carry out their duties in safeguarding those prisoners?

Robert Buckland Portrait Robert Buckland
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I am grateful to my hon. Friend, the Chair of the Select Committee, for pointing out the vital importance of maintaining HMPPS’s current approach of making sure we do not end up with explosive outbreaks of covid-19 on the estate. He is right to point out the early release scheme. It is but a part of a co-ordinated strategy that has included the compartmentalisation of prisoners to prevent the seeding and feeding of the infection, and that, together with the increased capacity we are developing at pace, plus a reduction in the overall number of prisoners in the estate, has helped us reach a position where, while we are not out of the woods, we are coping and dealing well with the threat of covid-19.

Lindsay Hoyle Portrait Mr Speaker
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I welcome the shadow Secretary of State, David Lammy, to his new place.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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I am very grateful, Mr Speaker. It is nice to be back.

I am grateful to the Secretary of State for giving me two detailed briefings since I took office. He announced on 4 April—coincidentally, the day the Labour party elected a new leader—that he wanted to introduce a release scheme for up to 4,000 prisoners. Can he update the House on how many prisoners have been released and how many prison officers and staff and prisoners have sadly lost their lives?

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Robert Buckland Portrait Robert Buckland
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I have outlined one measure that we have taken. It came into force on 1 April, but that is just the first step, because we will also be bringing forward a sentencing White Paper, which will include further proposals to deal with serious violent and sexual offenders, and we will be introducing further terrorist legislation to ensure that the most serious and dangerous terrorist offenders spend longer in prison and face tougher licence conditions.

Lindsay Hoyle Portrait Mr Speaker
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I welcome Peter Kyle to the Front Bench.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Thank you, Mr Speaker. Many of the serious offences are occurring within people’s families. We know that this is a Government who care about domestic violence because tomorrow the Domestic Abuse Bill comes in for its Second Reading, but since the lockdown, arrests for domestic violence have increased by 25%. We know that in the first two weeks of the lockdown, 14 women and two children have been murdered in their families. I know that when the coronavirus made its way towards our shores, the Secretary of State and his team and Department started making preparations for a strategy to keep people safe in their homes. Can he tell the House how successful he believes that strategy has been, and what he will be doing in the next few weeks to keep people safe that was not happening in the last few weeks?