European Union (Withdrawal Agreement) Bill

Debate between Robert Buckland and John Bercow

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Robert Buckland]

I have to commend the hon. Lady for her persistence, but to reopen the issue in that way would be, with the greatest of respect to my hon. Friends who support it, the ultimate cop-out for this Parliament. It is time for all of us who believe in representative democracy to accept the fact that the whole concept of parliamentary representation is itself on trial. It is on trial in a way that perhaps none of us had ever envisaged. Acknowledging the fact that we are facing unprecedented challenge is something that should make us—[Interruption.]

[Mr Speaker]

Order. The Secretary of State is entitled to conclude his speech without being yelled at.

[Robert Buckland]

It is something that should make us focus even more determinedly upon the need to make decisions—however imperfect, however unpalatable, however untimely they might seem to hon. Members. The public demand nothing less than for us to make a positive move. The time for decision making is now. The time for proposing nothing, opposing everything and seeking to play old-fashioned politics is over. We have to get on with this. As somebody who spent my life believing in the concept of our membership of the European Union, that comes as bitter gall to me, but it is not about me or individuals; it is about all of us.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

I am afraid that I will take no lectures from a Labour party that took a knife to civil legal aid back in the 1990s. I have a very long memory about legal aid, and I challenge anybody else to better it. I take the hon. Gentleman’s point about early intervention. That is why we are working with a £5 million pilot—[Interruption.] I will not be heckled by the right hon. Member for Islington South and Finsbury (Emily Thornberry)—[Interruption.] I will not. I think it is extremely discourteous, Mr Speaker, and I am trying to—[Interruption.] And now she wants to insult me even further. [Interruption.]

[Mr Speaker]

Order. The Secretary of State for Justice is entitled to be heard. There is quite a lot of noisy chuntering from a sedentary position, but I wish to hear the mellifluous tones of the right hon. and learned Gentleman, who is now looking discontented, to put it mildly. Blurt it out, man, with your usual elegance.

[Robert Buckland]

What I will say is that we are working on a housing repossession pilot. We are investing £5 million in early intervention services. I take a great interest in the work of law centres, and I want to do more to help them.

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[Robert Buckland]

I am happy to confirm that.

[Mr Speaker]

Excellent.

[Karen Lee (Lincoln) (Lab)]

T4.   People in Lincoln are waiting on average 59 weeks for their personal independence payment appeal to be heard. It has gone up by 10 weeks in the last seven months. The Government have created a hostile environment for disabled people. The mandatory reconsideration process is causing distress, illness and hardship. Will the Secretary of State take urgent action to reduce the PIP appeal waiting time and provide accessible and financial support mechanisms for those going through the process?

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[Robert Buckland]

The hon. Lady will welcome the £170 million that we are investing in new scanners, up to now and in the next year. We are prioritising category B local prisons, which are particularly problematic in terms of security, but I will take away the point about New Hall and consider it carefully.

[Mr Speaker]

The hon. Member for Westmorland and Lonsdale (Tim Farron) has been jumping up and down like Zebedee, so I think he will be inconsolable if he is not heard. Let us hear the fella.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Tuesday 4th June 2019 Commons Chamber

[Robert Buckland]

As I have said already in this House in an Opposition day debate, I am going to do it my way.

[Mr Speaker]

Well, I think we will take that as a no, then.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I have been taking part in the Prison Service parliamentary scheme at HMP Swansea, where over only two days I witnessed one dirty protest and two incidents at height. These were handled professionally by prison staff, officers and management alike, but surely the Minister shares my concern that prison officers are now expected to respond to such physically demanding and risky challenges as everyday workplace hazards? Will he meet the POA to discuss the absolute anomaly of our expecting emergency services officers to work until they are 68?

Section 1 of the European Union (Withdrawal) Act 2019

Debate between Robert Buckland and John Bercow

Tuesday 9th April 2019 Commons Chamber

[The Solicitor General]

Let me just make a little bit of progress, and then I will of course take more interventions.

[Mr Speaker]

There is only time for one or two more interventions because lots of people want to speak—move on.

[The Solicitor General]

I will obey your strictures and move on, Mr Speaker.

I turn to the question of what might happen with regards to the further extension. Before the House considers the motion, as the Prime Minister said last week, we should all be very clear what the extension would be for. It is all about ensuring that we leave the EU in a timely and orderly way, and that means leaving with a deal. That is why the Government have engaged in a constructive process with the Opposition to seek to agree a plan—either a unified position that could command the confidence of the House, or a series of options upon which it could decide. As we know, that process remains ongoing.

Northern Ireland Backstop

Debate between Robert Buckland and John Bercow

Tuesday 19th February 2019 Commons Chamber

[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—

[Mr Speaker]

Order. Do not tell me what the situation is. The hon. and learned Gentleman is a Law Officer and a member of the Government. A sentence, but absolutely no more. He should have asked me in advance. He is either on the Front Bench or he is not. It is not for him to presume the right to speak of a matter about which he could speak if he sat on the Back Benches, which he does not.

[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.

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[The Solicitor General]

I am very grateful to my hon. Friend for his remarks about the communities that both and I and my hon. Friend the Member for North Swindon (Justin Tomlinson) serve in the context of Honda. He is absolutely right to say that it is rather rum for people in this House and elsewhere to constantly believe the words of other negotiating parties and other Governments as gospel and refuse to accept anything that Her Majesty’s Government might say as even in the remotest bit true.

[Mr Speaker]

As colleagues will know, the word “rum” was much favoured by PG Wodehouse of whose works, I suspect, the Solicitor General is, among others, a devotee.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

The Solicitor General says it is in the fate of the Labour party to help him secure a deal, but that simply is not true. What concessions, if any, will the Government make towards the deal that the Labour party has put down as a potential way through this? He knows that I have given his Government the benefit of the doubt on more than one occasion by not supporting things that my party has asked me to, and actively opposing things on other occasions. I did not support the Government on the Brady amendment, but nor did I oppose it, because I believed it was important that the Government had the space to conduct negotiations to get a deal through. The wording of that amendment quite clearly said that the backstop should be “replaced”, so can the Solicitor General tell me, without equivocation, that when he brings that deal back, the backstop will have been replaced?

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and John Bercow

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

With the greatest respect to the right hon. and learned Gentleman, his request is wholly premature—[Interruption.]

[Mr Speaker]

Order. Everybody will have a chance to contribute on this most important and solemn of matters, but just as the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was heard in relative quiet, so must similar courtesy be extended to the Solicitor General. Everybody will get a chance to put his or her point of view—of that there need be no doubt.

[The Solicitor General]

Thank you, Mr Speaker. The Attorney General will come to the House on the next sitting day, and he will make a full statement and answer questions from hon. Members across the House. It might then be for the House to judge whether the Government have discharged their obligations consistent with the Humble Address, but not before.

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[Helen Goodman (Bishop Auckland) (Lab)]

If the Government knew they would take the position of not providing the full legal advice—and the Minister wound up that debate on 13 November—why did they not vote against the motion? [Interruption.]

[Mr Speaker]

Order. We cannot have people chuntering from a sedentary position, particularly when they have already spoken. We have heard the hon. Member for Chelmsford (Vicky Ford); we know what she wanted to say and we are most grateful to her for that. We do not need sedentary chuntering. It is not helpful and it is unseemly—stop it.

[The Solicitor General]

I am not going to speculate about votes that were held or not held. I know what the position of the House is. We are seeking to satisfy that through the appearance of the Attorney General on Monday.

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[The Solicitor General]

The hon. Gentleman is a compatriot of mine and is no stranger to the wizardry of rhetoric. He reminds me of Disraeli’s comment on Gladstone that at times he might be inebriated by the intoxication of his own verbosity— but not today. I take his point, but I will say this to him: I would be failing in my duty if I did not defend robustly the Law Officers convention. That is what I am doing today, and that is what I must continue to do.

[Mr Speaker]

The correct reference is

“inebriated with the exuberance of his own verbosity”,

but what I would say is that the Solicitor General is no more in a position to level that charge at the hon. Gentleman than I would be.

[Paul Masterton (East Renfrewshire) (Con)]

I am very pleased that the Attorney General is coming before the House on Monday, but while I have the utmost respect for him, ultimately his advice is just that: advice. Is not the most important thing what the Government’s interpretation and position is and what the Government are going to do?

[The Solicitor General]

My hon. Friend is right to remind this House—[Interruption.] I see that my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) is with us. Perhaps I will say no more about—

[Mr Speaker]

Order. The right hon. Member for South Holland and The Deepings thinks that the Solicitor General’s historical recollection is correct and that mine is at fault. He might be right, but in the end it is a fairly minor point in the great scheme of things.

[The Solicitor General]

Hansard will come to our rescue, I have no doubt, Mr Speaker.

Going back to the important point made by my hon. Friend the Member for East Renfrewshire (Paul Masterton), in the end this is a policy decision made by the Government after looking at a range of options. This is a matter of politics, and to try and dress it up in a way that would be unhelpful, inappropriate and, frankly, misleading to the public is not how we should conduct ourselves.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 1st November 2018 Commons Chamber

[The Solicitor General]

I am grateful to the hon. Gentleman for raising the case. It would be invidious of me to comment on a particular case. I will simply say that there are different mechanisms within the Act that allow the pursuance of criminal proceeds. It might well be that in that case another mechanism is being used, but I will be happy to look at it further and write to him.



Royal Assent

[Mr Speaker]

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 Acts:

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Mental Health Units (Use of Force) Act 2018

Northern Ireland (Executive Formation and Exercise of Functions) Act 2018

Middle Level Act 2018.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 6th September 2018 Commons Chamber

[The Solicitor General]

My hon. Friend may be aware that we are working on the new Offensive Weapons Bill, which is going through the House. That Bill includes a measure to make it an offence to deal with knives bought online being sent to residential addresses without appropriate safeguards.

[Mr Speaker]

I call Mr Barry Sheerman.

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[Jessica Morden]

Registered intermediaries support children and vulnerable witnesses in court, but as BBC Wales reported last week, there is only one for the whole of Wales, including Gwent. In view of that, is the Solicitor General confident that equal access to justice is being delivered?

[Mr Speaker]

I am very glad that we have heard from the hon. Lady. It was worth waiting for.

[The Solicitor General]

I was concerned to hear that report, because I myself have used registered intermediaries as a prosecutor, and I know that they have been readily used in courts across the length and breadth of Gwent and south Wales. I note that there has been an increase in recruitment in the south-east of England. I will take on board the hon. Lady’s point and make further inquiries so that we can ensure that there is equal access to intermediaries throughout the length and breadth of the jurisdiction.

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[The Solicitor General]

We place a heavy emphasis on international work, and we are currently working with 25 Europe-based inquiries. We have 30 prosecutors in other countries who focus on this type of work, as well as on other types of crime. Our commitment is clear.

[Mr Speaker]

It has been pointed out to me that the Attorney General and the Solicitor General would make a very good singing duo, although any performance would have to take place outside the Chamber. I hope the Attorney General enjoyed his debut at the Dispatch Box as much as I did.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Bercow

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

As my very old and good friend knows, the Government have indeed—[Laughter.]

[Mr Speaker]

There is no need for a commotion. The Solicitor General is usually extremely felicitous of phrase. I think the word for which he was unsuccessfully groping was “long-standing”.

[The Solicitor General]

I ask that the record be corrected.

As my right hon. Friend knows, the White Paper published some months ago sets out the options the British Government have been looking at. Option 1 is the proposed new customs partnership, and option 2 is the streamlined customs arrangement. Currently, two ministerial groups are taking forward work on those models. We accept that the precise form of any new customs arrangements will of course have to be the subject of negotiation.

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[The Solicitor General]

I give way to the Chairman of the Committee.

[Mr Speaker]

Order. Before the Solicitor General does so, I gently remind him that he had indicated to me that he might speak for up to an hour, and if that is his intention, so be it, but he will realise that he is now into the last quarter of that allocation. He is a very courteous and considerate fellow and would not want a situation to evolve in which significant numbers of hon. and right hon. Members who wish to speak in the debate were prevented from doing so on account of too lawyerly speeches, whose eloquence and erudition were equalled only by their length.

I call Mary Creagh.

[Mary Creagh]

Thank you, Mr Speaker; I have almost forgotten my point now, but I will try to grab it back. The Solicitor General raised a couple of issues. The first is the applicability to local government. At present, all agencies of government have to act in accordance with the environmental principles. Can he confirm that that will be the case with the new body?

The Solicitor General also mentioned the issue of fines. At present the Government are taking action on air pollution only because of the threat of fines from the European Court of Justice. What remedy will citizens in this country have if the Government pollute with waste and water pollution after we leave the EU?

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[The Solicitor General]

I hear my right hon. and learned Friend. Both he and I have had anxious discussions about the definitions within the amendment. We are seeking to allow protections to be carried forward through our existing framework, so that the sort of changes that need to be made can apply to a whole range of areas. Changes could relate to the trade in seal products—cruelty to seals—or to protecting people on offshore oil and gas installations from fire and explosions, which is in the working time regulations, or to the protection of the marine environment. We need that element of flexibility.

That is not a way of avoiding the procedures of the House; it is about making the law clear, certain and usable to protect all the different categories that we are dealing with. I am worried that we would be kneecapped, not just as a Government, but as a Parliament. There is a lot of work to be done ahead of Brexit, and we need to concentrate on what is fundamental and what will involve change. Lords amendment 4 fundamentally affects how we can do that, so we must oppose it.

My right hon. Friend the Secretary of State for Exiting the European Union left the House in no doubt yesterday of the importance of this legislation. The Government listened in the other place and showed flexibility by tabling amendments that genuinely improved the Bill, but we rightly held firm on those areas where amendments proposed would have an adverse effect. I am somewhat downhearted that the House of Lords has not shown the same level of respect that we show to them and has sought to overturn decisions taken here on important issues relating to the protection of rights. I therefore ask the House to stand behind the Government tonight in ensuring that this legislation is fit for purpose, respects the referendum result, and respects the constitutional role of this House.

[Mr Speaker]

I call Stephen Gethins.

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[The Solicitor General]

rose—

[Mr Speaker]

There has not been an Opposition wind-up, and I had agreed with colleagues that we would proceed to the votes. It is one thing to have a series of wind-ups, but it is another thing to have one wind-up.

[The Solicitor General]

I just want to respond briefly.

[Mr Speaker]

Very well.

[The Solicitor General]

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) mentioned the Dubs amendment made by the Lords and, in her absence, I reiterate my assurance that the Government will go away and look at drafting an amendment for their lordships’ House when the matter goes before them. On that basis, I hope she will not press the amendment in her name.

European Union (Withdrawal) Bill

Debate between Robert Buckland and John Bercow

Tuesday 12th June 2018 Commons Chamber

[The Solicitor General]

As usual, I am listening very carefully to my right hon. and learned Friend’s observations. They will form a clear basis for a formal set of discussions that we can start at the earliest opportunity ahead of the Lords—

[Mr Speaker]

Order. I do apologise, but the Solicitor General must address the House. This is not a private conversation with another Member, conducted sotto voce. I want the whole House to hear what the Solicitor General wants to blurt out, preferably briefly.

[The Solicitor General]

Of course, Mr Speaker. I was about to give a clear undertaking to use my right hon. and learned Friend’s comments as the basis for structured discussions ahead of the Lords stages. [Interruption.]

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[The Solicitor General]

I thank my hon. Friend for giving way. I want to reiterate the commitment that I have given at the Despatch Box on behalf of the Government to further discuss the matter with my right hon. and learned Friend the Member for Beaconsfield and others. I am particularly interested in new subsections (5A) and (5B) of his proposals and want to use that as the basis of a structured discussion as we reach the Lords amendments.

[Mr Speaker]

I advise the hon. Member for Thirsk and Malton that others wish to speak.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 10th May 2018 Commons Chamber

[The Solicitor General]

My hon. Friend has correctly characterised the nature of some of this gang offending. The Government’s serious violence strategy involves a new commitment of £40 million over two years, which includes £11 million for the early intervention youth fund and £3.6 million for the new national county lines co-ordination centre.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts and Measures:

Laser Misuse (Vehicles) Act 2018

Financial Guidance and Claims Act 2018

Secure Tenancies (Victims of Domestic Abuse) Act 2018

Statute Law (Repeals) Measure 2018

Pensions (Pre-consolidation) Measure 2018

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

Mission and Pastoral etc. Amendment Measure 2018

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 22nd March 2018 Commons Chamber

[The Solicitor General]

My hon. Friend is right to talk about the invaluable role played by disability support groups. Third-party reporting, where people with disabilities can have the confidence to report a crime, is invaluable. My advice would be for them to work with the police to make sure that we drive up rates of reporting and the number of prosecutions.

[Mr Speaker]

Last but not least—and never forgotten—I call Priti Patel.

[Priti Patel (Witham) (Con)]

11. What steps the CPS is taking to support victims of crime.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 21st December 2017 Commons Chamber

[Mr Speaker]

Splendid!

[The Solicitor General]

I will try to respond with similar brevity. My hon. Friend is absolutely right to talk about prevention, and we are consulting on further restrictions on the online sale of knives to under-18s, and on tightening up the law on the possession of knives in educational institutions other than schools.

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 16th November 2017 Commons Chamber

[The Solicitor General]

That issue is being considered as part of the code of practice that is being established, pursuant to the Digital Economy Act 2017. That code will set out guidance on what social media providers should do regarding conduct on their platforms, which includes the behaviour referred to by my hon. Friend. He also raised the important issue of anonymity, and the individuals who hide behind that and use it as a cloak for their illegal activities. The prosecution will always seek to pierce that cloak and prosecute those responsible.

Royal Assent

[Mr Speaker]

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 Acts:

Finance (No. 2) Act 2017

Air Travel Organisers’ Licensing Act 2017

Northern Ireland Budget Act 2017

New Southgate Cemetery Act 2017.

I am sure that the Northern Ireland Budget Act 2017 will be of great interest in particular to the hon. Member for Strangford (Jim Shannon), when he has concluded his intense and, I am sure, extremely urgent conversation with the hon. Member for Wythenshawe and Sale East (Mike Kane).

Oral Answers to Questions

Debate between Robert Buckland and John Bercow

Thursday 29th June 2017 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend. Tell MAMA and other organisations play an important part by working closely with the CPS and police to inform the process and help people to report crime. Often people will go to a third party before coming to the police, but that is an acceptable way to report crime because it means that more crimes can be prosecuted.

[Mr Speaker]

Order. We have run late. I want to accommodate the Member with the last question on the Order Paper, but no other.

[Mr Laurence Robertson (Tewkesbury) (Con)]

10. What recent assessment he has made of the extent to which sentencing of people convicted of burglary has been unduly lenient.

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[The Solicitor General]

My hon. Friend is right to say that burglary is a serious crime. It is a crime against the person, not just against property, because it affects people’s wellbeing. I am glad to tell him that since the introduction of the revised Sentencing Council guidelines on burglary in 2012, the overall level of sentencing for burglary, in terms of prison and length of sentence, has increased. That should give his constituents some encouragement that the courts are handing out the appropriate punishment for this serious crime.

[Mr Speaker]

Order. Before we come to business questions, it might be helpful to the House if I announce my selection of amendments to be potentially voted on much later today. I have selected the amendment tabled by the official Opposition—amendment (l), if memory serves, in the name of the right hon. Member for Hayes and Harlington (John McDonnell).

As colleagues will be intimately conscious, being fully familiar with all these matters, I have a right to select up to two further amendments under the terms of our Standing Orders. I can advise the House that I have selected amendment (d) in the name of the hon. Member for Walthamstow (Stella Creasy) and others, and amendment (g) in the name of the hon. Member for Streatham (Chuka Umunna) and others. I hope that that is helpful to the House.