Independent Review of Administrative Law

Debate between Robert Buckland and Marion Fellows

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

I thank the Chair of the Public Administration and Constitutional Affairs Committee, and I do indeed remember my appearance before it. As I explained to the Committee then, the review was one distinct part of a process that I am already undertaking. In January, I announced the creation of an independent review to consider the operation of the Human Rights Act, chaired by Sir Peter Gross, a former Lord Justice of Appeal, with a diverse panel—in terms of geography and, indeed, opinion—across the United Kingdom and Ireland. That is part of an overall process that will result not in a commission trying to deal with all aspects but will demonstrate and reveal the Government’s approach to rebalancing our constitution in the finest traditions of what we do and what we represent in this country.

[Marion Fellows (Motherwell and Wishaw) (SNP) [V]]

The Faculty of Advocates, in its evidence submission to the review, stated:

“There is no case for substantive statutory intervention in the judicial review process. Such an intervention risks artificially stymying the development of the law of judicial review”,

and

“judicial review does not suffer from a lack of clarity, and any attempt to codify it is likely to undermine the very flexibility that renders it effective.”

Will the Lord Chancellor advise the faculty and the House why this astute advice has been disregarded by his Department?

Courts and Tribunals: Recovery

Debate between Robert Buckland and Marion Fellows

Thursday 3rd December 2020 Commons Chamber

[Robert Buckland]

I pay tribute to the Donovan Trust and my hon. Friend’s work with it. I am a big supporter of restorative justice, but it needs to be victim-led. It is important that any decisions with regard to it very much involve the victims first, rather than it becoming some sort of pro forma, which would be a negation of what restorative justice should be about. It needs to be meaningful, and that is what I believe will continue to happen right through this crisis and beyond.

[Marion Fellows (Motherwell and Wishaw) (SNP) [V]]

The Istanbul convention on preventing and combating violence against women and domestic violence imposes obligations on the state to ensure that investigations and judicial proceedings on all forms of violence covered by the convention are carried out without undue delay and that they take into consideration the rights of the victim at all stages of the criminal proceedings. The Scottish Government are working hard to ensure that, despite the pandemic, those obligations are complied with. Will the right hon. and learned Gentleman assure me that the UK Government take the obligations equally seriously?

[Robert Buckland]

I refer the hon. Lady exactly to my response to the hon. and learned Member for Edinburgh South West (Joanna Cherry), who asked a question in very similar terms. The hon. Lady is right to ask that, and we do take that obligation extremely seriously indeed and are working to meet it at all times.

Oral Answers to Questions

Debate between Robert Buckland and Marion Fellows

Tuesday 22nd September 2020 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

What assessment he has made of the implications of the UK Internal Market Bill for his responsibilities in upholding the rule of law.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I am absolutely committed, under the oath I took as Lord Chancellor, to upholding the rule of law; the freedoms and protections we all enjoy rely on it, and as a responsible Government, we remain wholly committed to it. At all stages, as a responsible Government, we must ensure that we have the ability to uphold our commitments to the people of Northern Ireland. We will do what it takes to protect the integrity of our United Kingdom.

--- Later in debate ---

[Robert Buckland]

I thank the hon. Lady for her kind remarks.

Attractive and charismatic though the hon. Lady’s remarks might sound, they do not bear any scrutiny at all. The reality is that we are preparing for a situation that we do not wish to come about. It would have been far easier for us to ignore the matter and kick the can down the road, but it is far better to be upfront about the potential dispute. I hope and expect that it will never come, because we will get the deal and the Joint Committee will resolve its deliberations accordingly.

[Marion Fellows [V]]

May I also wish the Lord Chancellor a happy birthday? With age may come wisdom.

The Lord Chancellor has said that he will resign only if the Government break the law in a way that is unacceptable. Thousands of ordinary members of the public were fined for breaking lockdown regulations, while Dominic Cummings did so with impunity. Can the Lord Chancellor explain to those people what criteria he uses to distinguish between acceptable and unacceptable breaches of the law?

[Robert Buckland]

I thank the hon. Lady for her kind remarks. The issue is very straightforward. If we are in a position where the EU has acted in material breach of its own treaty obligations, meaning that acts to the active prejudice of the United Kingdom are being occasioned, then we will act.

Sentencing White Paper

Debate between Robert Buckland and Marion Fellows

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

Again, Wolverhampton is a community and a court I know well, having sat there in the past. My hon. Friend’s constituents will be glad to know that, with the changes to probation—the investment that we are making in increased staff by ramping up the number of probation officers, improving training and making the necessary changes—we will have a system that is better equipped to help end the cycle of offending. It will be better equipped not just to manage offenders—I do not like the word “management”; I prefer “supervision”, because that that implies much more direct action.

[Marion Fellows (Motherwell and Wishaw) (SNP) [V]]

During the passage of the Counter-Terrorism and Sentencing Bill, the director of the Prison Reform Trust told the Bill Committee that if we do not seek to rehabilitate young people, who are more prone to rehabilitation, public protection is undermined rather than enhanced. That advice is well recognised by other experts in the sentencing field. To what extent does the White Paper take that into account?

[Robert Buckland]

I thank the hon. Lady for her work on that important Committee on a Bill that of course has United Kingdom application as well as England and Wales application. I can assure her that in no way do we lose sight of the welfare issue when it comes to young offenders, but at the same time we have to be frank and honest at times where the descent to very serious offending—particularly extremist ideation—has occurred. Then, a mixed approach has to be taken, and public protection does have to be foremost in our minds. That is why we are taking the balanced approach that I advocate in the Command Paper.