Northern Ireland Backstop

Debate between Robert Buckland and Nick Thomas-Symonds

Tuesday 19th February 2019 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

(Urgent Question): To ask the Attorney General if he will make a statement on options for legally binding changes to the Northern Ireland protocol of the EU withdrawal agreement, which contains the backstop arrangement.

[The Solicitor General (Robert Buckland)]

Before I answer the hon. Gentleman, my constituents would expect me briefly to express their dismay and deep concern about Honda’s announcement this morning, which will deeply affect the community. I anticipate the statement of my right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy—

[The Solicitor General]

I am very sorry, Mr Speaker, but I said what I said.

The Government recognise the legitimate desire of Members on both sides of the House to understand the legal effect of the proposed withdrawal agreement. On 12 February, the Prime Minister set out ways in which legally binding changes to the backstop could be achieved. She explained that the UK and the EU would hold further talks to find a way forward. Those discussions are ongoing, and it would not be appropriate to provide a running commentary.

[Nick Thomas-Symonds]

Thank you for granting this urgent question, Mr Speaker, and I thank the Solicitor General for responding. The reality is that there are 38 days until we leave the EU, and in all likelihood eight days until the next round of voting, and we are nowhere nearer having any further clarity on this issue. All this time, our economy, our jobs and our futures are affected by that uncertainty.

On 29 January, the Prime Minister told the House:

“What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement. Negotiating such a change will not be easy. It will involve reopening the withdrawal agreement”.—[Official Report, 29 January 2019; Vol. 653, c. 678.]

Can the Solicitor General confirm that it is still Government policy to formally reopen the withdrawal agreement? If not, what positive, concrete proposals are the Government suggesting? Can he confirm whether the Government have actually put forward those proposals as options to the European Commission and the European Council?

Yesterday, on Radio 4’s “Today” programme, the Minister for the Cabinet Office said:

“The Attorney General, Geoffrey Cox, is closely involved with the negotiations too, and he will be making a speech on Tuesday to set out how, in his view, the legal tests that he has set, about ensuring that the so-called backstop cannot be used to trap the United Kingdom indefinitely, could be met and overcome.”

Can the Solicitor General clarify exactly what the Attorney General’s role is in the negotiations and when he will publish those legal tests? Are the Government seeking, as is reported in the media, a “joint interpretive instrument” on the withdrawal agreement, some sort of annexe to it, another exchange of letters, or changes to the political declaration?

We are about to make a momentous decision on the future of our country. The Government need to be clear with this House about precisely what their strategy is. Running down the clock is reckless and irresponsible. Surely this nation deserves better than a Government wandering in the wilderness, not even sure about what their next move is.

[The Solicitor General]

What would be reckless and irresponsible is for the Government to provide a running commentary on sensitive negotiations. I would have thought it is as plain as a pikestaff to the hon. Gentleman that that is not the way negotiations should be conducted. Let the Government get on with this work at pace, which is what we are doing.

Rather than criticising from the sidelines, it now behoves the hon. Gentleman and all Opposition Members to work for a constructive solution and end the uncertainty. It is in his hands as much as it is in the hands of the Government.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 31st January 2019 Commons Chamber

[The Solicitor General]

The hon. Lady raises a very important point. Several months ago, the Attorney General and I issued a new paper on disclosure, and that will be followed by revised guidelines this year. We are acutely conscious of the need to balance the interests of justice not just in favour of defendants but in favour of victims. A blanket approach to disclosure is not something we encourage; it will depend on the facts of the case. I am glad that the number of cases that are being dropped because of issues with victims continues to fall, and I think that is a sign of progress.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The latest figures published by the Home Office show that only 1.9% of recorded rapes are prosecuted. Baroness Newlove, the Victims’ Commissioner, said:

“I am often hearing from victims of sexual crime that their criminal justice journey is as harrowing as the crime itself. This is just not acceptable. I fear we are letting these victims down badly.”

She is right, isn’t she?

[The Solicitor General]

The hon. Gentleman will be interested to know that only last week I met Baroness Newlove and discussed these very issues. It is vitally important that colleagues in the Ministry of Justice and across Government understand that the journey for victims in cases like this can be an extremely tough one. That is well understood. That is why the agencies are now working together to ease that journey. I do not pretend that the task is easy or that the job is anywhere near finished, but the commitment is there, and we will continue to work to support victims of rape.

[Nick Thomas-Symonds]

I do not dispute the Solicitor General’s worthy intentions in this, but we have a situation where two in 100 reported rapes are reaching prosecution. It is a quite appalling statistic. First, he must acknowledge the impact that spending cuts have had on the ability to investigate these offences. Secondly, he should acknowledge that piecemeal change is no longer enough—the time has come for drastic action.

[The Solicitor General]

With respect to the hon. Gentleman, he must not forget that independent prosecutors have to apply evidential tests and it will not always be the case that complaints will merit a prosecution. I wholly reject his suggestion that expenditure cuts have resulted in a decrease in prosecutions. Expenditure is not an issue when it comes to the prosecution of offences, and never will be.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 1st November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend is absolutely right to talk about the victims. I have mentioned the decision to be made about the vulnerable victims of human trafficking. We have a particular mechanism that we use to protect the position of people who might otherwise be in the country unlawfully and to give them support so an informed decision can be made about their involvement in the process. I am confident that the CPS is working very hard always to improve its approach to victims.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The number of rapes reported has more than doubled since 2013-14, yet the Crown Prosecution Service’s “Violence against Women and Girls Report 2017-18” highlights a 23.1% fall in the number of defendants charged with rape compared with the previous year. Why does the Solicitor General think this has happened?

[The Solicitor General]

The hon. Gentleman is right to raise this issue. Since those figures have been obtained, I and others have been working very hard to establish what the often complex reasons for them are. Sadly, I think that a lot of them are long-standing ones. What is sometimes unattractively described as the rate of attrition, as well as the experience of victims in this service, is still something that needs to be dealt with fully. That involves not just the CPS end of it, but the very early stages of the investigation. I assure him that every effort is being made to try to close that gap in a meaningful sense.

[Nick Thomas-Symonds]

I hear the Solicitor General’s words, but clearly actions are necessary, too. This is a deep concern. I am sure that he will have seen the recent story in The Guardian newspaper that staff at the Crown Prosecution Service have been told:

“If we took…weak cases out of the system, our conviction rate goes up to 61%.”

Clearly, decisions to prosecute are subject, under the code for Crown prosecutors, as the Solicitor General knows, to the evidential test and the public interest test, not to some kind of arbitrary decision to get the figures up. Has that been said, and if it has been said, what action is he going take?

[The Solicitor General]

I assure the hon. Gentleman and the House that any suggestion that there should be an artificial target that trumps the tried and tested code for prosecutors would be wholly wrong. I will absolutely make sure myself, as will others within the CPS, that such observations—if, indeed, they have been made—are ones that carry no weight whatsoever.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 21st June 2018 Commons Chamber

[The Solicitor General]

Once again, I am grateful to the hon. and learned Lady for raising an interesting dimension. I have not had those conversations, but I certainly want to. The curriculum in England and Wales—England in particular—already includes citizenship, of which PLE can be a part, but I will take on board her observations. I am grateful.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Public legal education is important for confidence in our criminal justice system, but failures in disclosure clearly undermine that confidence. Of the 3,637 cases that have been reviewed, disclosure concerns have been found in 47. How confident is the Solicitor General that there are not disclosure concerns in tens of further cases?

[The Solicitor General]

With respect, work has already exposed several deficiencies, but it would be an idle claim for me to suggest that that would be the sum total of it, because we are looking at a particular type of offence. My Department and the Attorney General’s Office have been ahead of the curve on this, and it has been our priority for some time to tackle what I and the Attorney General understand from our days at the criminal Bar as a long-term issue.

[Nick Thomas-Symonds]

The Solicitor General talks about being ahead of the curve but, of course, there were warnings about disclosure two years ago. In July 2017, the “Making it Fair” report by the CPS inspectorate and Her Majesty’s inspectorate of constabulary found that police scheduling was “routinely poor” and that there were failures to manage ongoing disclosure. Although I appreciate that action is being taken, is it not time that action was absolutely urgent?

[The Solicitor General]

We do appreciate the urgency, and I am grateful to the hon. Gentleman for referring to that important inspectorate report. I remind him that the Attorney General and I asked the inspectorates to undertake that work, which has allowed a clear evidential basis for action to be taken now. It is urgent and we are getting on with it.

Public Legal Education

Debate between Robert Buckland and Nick Thomas-Symonds

Tuesday 15th May 2018 Westminster Hall

[The Solicitor General]

My hon. Friend makes an important point. For those of us who were in the full throes of private practice, very often the delivery of PLE was a better use of our time than our having to immerse ourselves in often very unfamiliar areas of law, with all the concomitant risks. My message to the big firms is: where there is an issue about availability, allow members of the team to go into schools first thing in the morning. I have seen that in several state schools in London. I have joined employed barristers and solicitors helping to deliver citizenship foundation courses, for example in social media law. To see the engagement and sense of ownership that young people have when talking about issues so close to their everyday lives—when they suddenly understand that law is not some remote, dusty concept, but reaches into their existence and everyday experience—is quite a sight to behold.

I want to outline and underline the work that we are doing with the public legal education panel, which has been formed from leading organisations in the field to promote the importance of that work. It was convened by me last year. It involves the professions and organisations such as the Citizenship Foundation and Law for Life. We are bringing together organisations in a joined-up way to help work out where the need is and what the provision is currently. I have two sub-groups working on those issues.

There are two types of PLE. “Just in case” PLE is all about ensuring that people have skills, information and knowledge about their rights. “Just in time” PLE is all about giving people knowledge and support when a legal issue happens to arise. Both types of provision are equally important, and we are working our way towards getting a better understanding.

Through organisations and such events as National Pro Bono Week, I can champion the importance of PLE through the community, whether it is delivered in schools, to people who are homeless or those in prison, who really need to understand their rights and, most importantly, their responsibilities. Last year during Pro Bono Week, I took part in a session on social media and the law being delivered by university students to local secondary school pupils in Chester. It gave young people a chance to learn about their rights and the surrounding law. One issue that arose was the increasing problem in schools of young people taking videos of fights and other incidents in the playground. The session was about understanding what the sharing of those videos meant for privacy, the rights of the individuals involved and the problems that we are all familiar with here, but which all too often young people sadly only learn about to their expense after the event. I was proud of and impressed by the commitment of the university students delivering the sessions. That has been backed up in recent months by my experience at the Kent law clinic at the University of Kent in Canterbury. Law students there are not only delivering support and advice to members of the public; they are also helping to spread public legal education more widely.

We have some shining examples of the work that is going on, and I pray in aid the work of His Honour Judge Wildblood, QC at the Bristol family court. He is allowing his court to be used for public debates about the law. He is even using local drama groups to help to educate young people. He is bringing together the legal community in Bristol and the surrounding area in a most effective way. With that sort of leadership, many great things can be achieved but here, Mr Streeter, is where you and other colleagues come into play. As has been said by many Members, including my hon. Friends the Members for Walsall North (Eddie Hughes) and for Redditch (Rachel Maclean), there are opportunities for colleagues to take a lead in their local communities and work with local firms of solicitors or legal practitioners to help to deliver public legal education in our schools.

[Nick Thomas-Symonds]

I know the Solicitor General has done his fair share of school visits over the years. Does he agree that there is still work to be done on diversity and encouraging more people to apply to the profession? We can all make a difference by visiting our local schools and speaking about these matters.

[The Solicitor General]

The hon. Gentleman is absolutely right. Only last Friday I was doing that at a school in my constituency, the Ridgeway. I was talking to young people in the sixth form who did not have a background in the law about what opportunity there was for them. Like me, he no doubt has taken on youngsters in chambers deliberately with the knowledge that they did not have a background in law. In fact, I would not take people who had any connection with the law because I wanted to empower young people and give them a chance.

I want to deal with some of the points raised by my hon. Friend the Member for Bexhill and Battle (Huw Merriman) about the curriculum. The position has yet to be clarified because more work is being done, particularly on sex education in schools and the issue of consent and withdrawal. That is not yet a statutory part of the curriculum. Citizenship remains compulsory at key stage 3. We are talking about youngsters in years 7, 8 and 9 who can access that education in school, and it must include PLE. It is a matter for schools to determine how to deliver it, but by working collaboratively with professionals, a lot can be achieved.

My right hon. Friend the Member for Basingstoke (Mrs Miller) made some important points about access in the workplace, particularly for women who have no knowledge—I say that with respect; it is not their fault—about their rights. That is why the regulatory objective in the 2007 Act is important. More has to be done to deal with the question of empowerment of our citizens via the regulatory bodies. That would not just include lawyers, even though the 2007 Act has that remit. I will go away and think about her point very carefully. Perhaps we can use it as the start of an important discussion. I thank all hon. and right hon. Friends and Members for taking part today. The law is not some mystical holy of holies and lawyers are not the high priests. We should demystify it, and that is where public legal education is so important.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 22nd March 2018 Commons Chamber

[The Solicitor General]

I will certainly be interested to consider the contents, although of course this is primarily a matter for my colleagues at the Ministry of Justice. I will say, however, that any programme of engagement with perpetrators needs to be very carefully calibrated. Such programmes can work, but more research needs to be done to make sure that we get it right.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Victim withdrawal is starting to become a problem in cases of revenge pornography, in respect of which the law was changed last year. What additional steps can we take to provide further support to victims to ensure that they get justice?

[The Solicitor General]

The hon. Gentleman is right to raise the issue of victim withdrawal. The consultation launched by the Government only a couple of weeks ago is looking at further ways to increase support, such as through a presumption that victims in domestic abuse cases will get special measures as opposed to having to demonstrate a particular vulnerability. All the measures that we take, such as preventing complainants from having to go to court by allowing them to give evidence via live link, need to be part of a continuing package. The message needs to go out that victims will not suffer in silence—they will be supported.

[Nick Thomas-Symonds]

I have previously had exchanges with the Solicitor General about data collection. May I ask that in the case of revenge pornography, we now carefully collect data about the number of incidents reported, the number of prosecutions, and the numbers that are dealt with through fines, prison, community orders and harassment orders? In that way, we can monitor whether this is actually working.

[The Solicitor General]

The hon. Gentleman makes a proper point about the importance of data collection. The issue has been the need to disaggregate particular batches of data so that we understand them better. The CPS has certainly improved on that, and we have started to disaggregate in a number of areas. I will follow up on the specific matter of revenge pornography.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 8th February 2018 Commons Chamber

[The Solicitor General]

The hon. Lady is right to press me on this issue. With the appointment of lead FGM prosecutors in each CPS area and agreed protocols with local police forces, I am glad to say that there should be a greater and deeper understanding among officers, police officers in particular, of the tell-tale signs of female genital mutilation and of what to do about them. Getting early investigative advice from the CPS is vital in such cases.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The Solicitor General is right to identify specific issues that need to be tackled on FGM. However, if we are to increase prosecution rates right across the range of offences, we need a properly resourced and robust disclosure system. The former Conservative politician and barrister Jerry Hayes has said:

“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.”

He is right, is he not?

[The Solicitor General]

The hon. Gentleman will know that I was directly involved in the prosecuting and defending of serious criminal cases for over 20 years, and I am well familiar with the long-standing challenge of disclosure. Prior to recent revelations, I am glad to say that the Attorney General and I instituted a thoroughgoing review not only of our guidelines, but of the entire culture. The police and prosecutors—everybody involved at all stages—have to realise that disclosure must be achieved early and efficiently to protect not just defendants, but victims.

[Nick Thomas-Symonds]

I appreciate that there is a review, and I appreciate that there are long-standing issues, but there is also no doubt that social media—things like WhatsApp—and the examination of mobile telephones present new challenges that are time intensive and resource intensive. Surely it is the case that, without proper resources on those things, we will not have the system of disclosure that we need.

[The Solicitor General]

I remind the hon. Gentleman that one of the main issues in this area has not been that these items have not been obtained but the timeliness in which they are eventually disclosed. That is the issue, and bearing down on that factor will encourage and increase both police awareness and the priority that the police need to place on making sure that all this material is gathered at the earliest opportunity.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 21st December 2017 Commons Chamber

[The Solicitor General]

I can see a role for local practitioners. Lawyers could work with FE colleges as they currently do with many schools. What the hon. Gentleman has described is what I call “just in time” public legal education, which helps people with immediate crises. I am also interested in what I call “just in case” PLE, which is all about early intervention and prevention, but he is absolutely right to identify those issues.

[Nick Thomas-Symonds (Torfaen) (Lab)]

May I wish you, Mr Speaker, and all Members and staff a very happy Christmas?

Public legal education is also important in giving victims the confidence to come forward. This week the Attorney General published data on the use of complainants’ sexual history in the most serious sex trials. He also announced the provision of training. When will that training be available?

[The Solicitor General]

May I add my compliments of the season to those of the hon. Gentleman?

The training is available now, and is ongoing. As the hon. Gentleman knows, the current structure of the law has been in existence for the best part of 20 years, and in my own professional experience it is used rigorously. It must be used rigorously, so that future complainants and victims of this appalling crime can be confident, first, that inappropriate questions will not be asked, and secondly, that they will not be ambushed in court in an inappropriate way.

[Nick Thomas-Symonds]

The data collection exercise has been necessary because we do not systematically collect data in every case. Could we consider doing that, and also recording the reasons why judges grant such applications or not, as the case may be? Would that not increase confidence in the process?

[The Solicitor General]

I can confirm that that data will be collected. This issue came to my attention when both the Attorney General and I wanted a widespread number of cases to be examined. It will be done in a more thorough way so that we have up to date and accurate data on this important issue.

Oral Answers to Questions

Debate between Robert Buckland and Nick Thomas-Symonds

Thursday 29th June 2017 Commons Chamber

[The Solicitor General]

It is vital at solemn and serious times like this that we all exercise our right to free speech responsibly, and that we are mindful that criminal investigations are ongoing, as well as concurrent inquests and, of course, the public inquiry. All of us have to make sure that we pass that very high test, and I am afraid that the shadow Chancellor failed that in his remarks this week.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I am sure the Solicitor General would agree that it is vital that the independent public advocate has the powers needed to carry out the role. I pay great tribute to the work of the Hillsborough families over many years, but he will be aware that key to that were the findings of an independent panel in overturning the first inquest verdict. Will the independent public advocate have the powers to appoint an independent panel if they see fit to do so?

[The Solicitor General]

The hon. Gentleman raises a very germane point, and we all need to bear the Hillsborough precedent very much in mind. I am keen, and the Government are keen, to ensure that the independent advocate has as powerful and as meaningful a role as possible. Each case will depend on its merits, but I am certainly prepared to look at all details, including the one he raises.

[Nick Thomas-Symonds]

Does the Solicitor General also agree that it is crucial that there is full public confidence in the role of the independent public advocate? As such, the role should be subject to appropriate scrutiny. Will he also promise that the independent public advocate will place reports before this House on an annual basis, so that Members can look carefully at the work in detail?

[The Solicitor General]

Like many other appointments of this kind, I can envisage the sort of accountability that the hon. Gentleman mentions. The publication of annual reports is a regular and common occurrence. Again, it is a particular point that we will consider very carefully indeed.