Oral Answers to Questions

Debate between Robert Buckland and Martyn Day

Tuesday 8th December 2020 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP) [V]]

  During the current negotiations, the EU has asked for a guarantee that the UK will not do away with domestic law giving effect to the European convention on human rights, but the UK has refused. Does that not tell us what the review of the Human Rights Act announced yesterday is really all about?

[Robert Buckland]

I am afraid the hon. Gentleman is wholly misinformed. That certainly is not my understanding of the negotiations, and he will forgive me if I say I am a little closer to them than he is. The review that we announced yesterday was about looking at the mechanism 20 years on—nothing to do with undermining or changing fundamental human rights. We believe in them. It was British Conservatives who wrote the convention, and I will always stand for and uphold the importance of the European convention on human rights.

Oral Answers to Questions

Debate between Robert Buckland and Martyn Day

Tuesday 14th January 2020 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

23. What discussions he has had with Cabinet colleagues on the appointment of a Constitution, Democracy and Rights Commission.

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

Discussions with Cabinet colleagues are at an early stage, but I can say that we want a commission or similar body to examine the issues and make recommendations that restore people’s trust in our democracy and the institutions that underpin it. No decisions have been made yet on the appointment of such a body, its scope or composition. I will update the House in due course.

--- Later in debate ---

[Robert Buckland]

The commission will look at a range of issues. I think I have made my position about the independence of the judiciary and the integrity of the appointments process very clear. It is nobody’s wish, I think on either side of this House, to see political influence being brought to bear on the appointment of judges. It is important to remember that we do not have a constitutional court, or a US-style system in this country and it is not something I would wish to see replicated here.

[Martyn Day]

It has been reported that the commission is expected to look at prerogative powers. Currently their use can be challenged in the courts, which led to the ruling against the Prime Minister’s Prorogation of Parliament. Does the right hon. and learned Gentleman agree that it is imperative that the courts still have jurisdiction to look at prerogative powers?

[Robert Buckland]

I am grateful to the hon. Gentleman for raising an important issue. After the stresses and strains we have all seen the constitution being put under as a result of the tumultuous events of the past few years, it would be wrong of the Government not to pause, take stock and look at the general constitutional position through the lens of the public because it is all about public confidence and the confidence the public have in this place being the ultimate arbiter of our democracy, which is key. But we will take time and do it in a measured way. I very much hope and expect that the commission will come up with some evidence-based solutions.

Oral Answers to Questions

Debate between Robert Buckland and Martyn Day

Thursday 14th September 2017 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

4. What assessment he has made of the potential effect of the UK leaving the EU on the functioning of the different national legal systems in England, Northern Ireland, Scotland and Wales.

[The Solicitor General (Robert Buckland)]

The Ministry of Justice has had recent contact at ministerial and official level with counterparts in the devolved Administrations; they discussed how we work together on matters relating to Brexit that will affect the different legal systems in the devolved Administrations of Scotland and Northern Ireland. The Government have also engaged with Welsh counterparts to update them on matters affecting justice.

[Martyn Day]

The president of the Law Society of Scotland has said that there needs to be a “whole of governance” approach to the UK withdrawal from the EU that takes into account the devolved Administrations. Does the Solicitor General agree with that statement?

[The Solicitor General]

Yes, I do, which is why the Government are taking an approach that will ensure the required continuity and certainty, so that, where necessary, a UK-wide approach will be taken and, where appropriate, there will be devolution to the devolved Assemblies and Parliaments.