Oral Answers to Questions

Robert Neill Excerpts

Thursday 4th June 2020 Commons Chamber

[The Attorney General]

It is plain for any reasonable observer to see that there was no question whatever of my having provided any public legal view on the matter to which the hon. Lady refers. To suggest that that was somehow a legal opinion is simply absurd. She should know that I have no role whatever to play in the day-to-day decisions on individual cases. I respect and have full confidence in the operational independence of the CPS and the police, and I would gently encourage her to share my support and share my confidence in them.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

This is the first time I have had the chance in the Chamber to welcome the Attorney General to her post. I hope that she will take up the invitation to appear before the Justice Committee before the summer recess.

The Director of Public Prosecutions has rightly detailed to the Committee the way that charging protocols and priorities work, but there has been concern that when we drop below the serious cases of assaults on emergency workers, covid-related charges were made by the police in other cases without reference to the CPS at the initial point of charge, and people were charged under the wrong section or when the evidential test was not made. Will she ensure that CPS advice is made available to the police for all charging decisions for all covid-related cases under the regulations or otherwise, to ensure that we do not get a repetition of that unfortunate state of affairs?

[The Attorney General]

My hon. Friend makes me an invitation I simply cannot refuse, and I look forward to appearing before his Committee in due course. He will know that the Coronavirus Act 2020 and the associated regulations were brand new pieces of legislation introduced at pace and at a challenging time. The CPS has committed to reviewing all of its prosecutions brought under that legislation to ensure that the new laws are being applied correctly and appropriately in all cases. It has carried out a review and in a relatively small number of cases there was some confusion. The police and CPS have committed to instilling new guidance to ensure that mistakes do not get made again.

Oral Answers to Questions

Robert Neill Excerpts

Monday 27th April 2020 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Justice.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

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]

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.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 16th January 2020 Commons Chamber

[The Attorney General]

I am grateful for this opportunity to reassert the Government’s complete commitment to our membership of and subscription to the European convention on human rights.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I welcome what the Attorney General has just said. Will he take the opportunity to remind many people that the United Kingdom is one of the founding fathers of the convention that gave rise to the ECHR—not least in the person of Sir David Maxwell Fyfe, a distinguished Conservative lawyer-politician? I know my right hon. and learned Friend will want to continue in that tradition.

[The Attorney General]

I am most grateful to my hon. Friend and, if I may, I offer him a word of congratulation on his recent knighthood. I am delighted to welcome him in his new incarnation as Sir Bob.

My hon. Friend will know I agree with him that, as we leave the European Union, the country and the world should know that this nation stands for liberty, freedom and human rights. One mark of our standing for those values will be our continued vigorous participation in the Council of Europe and our subscription to the convention on human rights. That should not mean that we do not turn a critical eye to elements of the human rights structures in our country, and we will look at those in the time to come.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 3rd October 2019 Commons Chamber

[Helen Whately]

I very much appreciate the hon. Lady’s concerns and those of the industry, as I have already said. The Secretary of State, in fact, spoke to the Musicians Union earlier this week. We are acutely mindful of the concerns that exist, but I will say yet again that the best way through this is to have a deal and, when there is the opportunity to vote for one, I encourage her please to do so.

[Robert Neill (Bromley and Chislehurst) (Con)]

I refer to my entry in the Register of Members’ Financial Interests.

I agree with my hon. Friend about the importance of a deal, but she will recognise that the concerns of the Incorporated Society of Musicians are legitimate and need to be addressed. Will she also speak to those who run our major opera companies? Britain is a world leader in this regard and the ability to fly in replacements—often from the EU—at the last minute for roles, which, often, very few people can actually sing, is very important to our international status in this art form.

[Helen Whately]

As my hon. Friend will know, I am new to this post, but I very much look forward to talking to representatives from the opera sector and making sure that we continue to support this hugely successful part of our economy as we leave the European Union.

--- Later in debate ---

[The Attorney General]

May I tell the hon. Gentleman that I do believe in the law and I have spent 37 years of my life adhering to those professional values? As for the advice I may or may not have given to any member of the Government, he will know I am bound by the convention. I cannot tell him whether I have. I understand the purport of his question, and I do not criticise him for it in the least, but I regret that I cannot help him as to the content of any advice I have given.

[Robert Neill (Bromley and Chislehurst) (Con)]

I urge the Attorney General to reflect that departing from the norm that Law Officers’ advice is not disclosed should be undertaken only with great care, because of the implications for all future Law Officers and all future advice to Government. Is not the rub of this issue simply this: that, as the President of the Supreme Court said, the circumstances that gave rise to the judgment were a “one off”; the Court was asked to rule on a novel point on which, up until then, legal opinion had varied; it has made a ruling; and the Government accept and will abide by the ruling, as they should with any ruling of our independent courts?

[The Attorney General]

I completely agree with both parts of my hon. Friend’s question. Plainly, the Law Officers’ convention is not a question of personal ownership by any particular Attorney General. It is a long-standing convention that protects all Governments on often extremely sensitive, complex and difficult subjects, sometimes affecting the most important interests of this country. Of course I agree that the Supreme Court’s judgment must be respected. It is final and binding as a matter of law, but it is peculiar to its circumstances.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 23rd May 2019 Commons Chamber

[Hon. Members]

Oh!

[Robert Neill (Bromley and Chislehurst) (Con)]

6. What assessment he has made of the potential effect on the performing arts of the UK leaving the EU.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)]

We have consulted widely with a diverse range of stakeholders from across the performing arts to ensure the potential impacts of Brexit are understood and to ensure that future opportunities can be realised. We are pursuing a wide-ranging agreement with the EU on culture that will ensure all parties can continue to benefit from international collaboration.

[Robert Neill]

As my hon. Friend the Minister will know, the UK has the most vibrant performing arts sector in the whole of Europe. An important part of that is the ability of UK companies to work collaboratively with European companies and for UK artists to visit and tour venues in the EU and vice versa. However, to achieve that, will he tell us what specific steps are being taken to ensure that there is frictionless travel for performing artists and musicians, as well as their equipment, including musical instruments?

[Michael Ellis]

DCMS is engaging extensively with the performing arts sector. My hon. Friend is right about the importance of the sector to our culture, but also to our economy. For example, more people go to the theatre than go to football matches in this country. I did have a meeting with UK theatres and the Home Office; we set up that meeting to give them the opportunity to express their concerns. We are working very closely with the Home Office and others on that. I very much recognise the importance of touring for the cultural sector, and we will work on that.

--- Later in debate ---

[The Solicitor General]

I am pleased to hear that the hon. Gentleman also did pro bono work; he is to be commended for that. As he will know, the Ministry of Justice is carrying out a review of the market at the moment. There are some areas in which there are not as many law firms offering legal aid as there could be, but that review is already being undertaken.

[Robert Neill (Bromley and Chislehurst) (Con)]

I warmly welcome my hon. and learned Friend to her new position and wish her well. She will know that the importance of legal advice is a theme that occurs in Gilbert and Sullivan’s opera “Iolanthe”, in which my wife Anne-Louise and my two stepchildren Victoria and James will be singing principal roles with the Grim’s Dyke Opera this Sunday. Does my hon. and learned Friend recognise that the valuable and magnificent pro bono work done by lawyers is there as a supplement to properly funded legal advice—from public funds as well—and that the two go together? Does she agree that one is not a replacement for the other?

[The Solicitor General]

It is always a pleasure to hear from my hon. Friend, who is an excellent Chair of the Justice Committee. I wish Victoria and James every success on Sunday. He is absolutely right to highlight the fact that there are many elements to the legal profession. There is of course private work, as well as legal aid and the free service provided through the pro bono work that lawyers provide. We spend £1.6 billion every year on legal aid, and we are continuing to look at how we can best support people in need through legal aid.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 11th April 2019 Commons Chamber

[The Attorney General]

I made it clear to the hon. Lady and to the House that I am acutely conscious of the need for the House to be as fully informed as possible of all legitimate matters that it should know before taking these important decisions. At any significant event in these proceedings, I shall review that need accordingly.

[Robert Neill (Bromley and Chislehurst) (Con)]

Does the Attorney General agree that it is critical that any agreement ensures that our police, prosecution and judicial authorities continue to have uninterrupted access to co-operation and information sharing mechanisms under Eurojust and Europol? That access would be lost in the event of no deal but could be retained in the event of a deal.

[The Attorney General]

I agree with my hon. Friend. That is one of the most important negotiating objectives in connection with our security and law partnership, and it is a matter that we are constantly bringing to the attention of the European Union. If we can ratify the withdrawal agreement, it will be one of the highest priorities.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 7th March 2019 Commons Chamber

[The Attorney General]

That is a question I would have expected from such a sophisticated Select Committee Chair. The problem is that although the arbitration system applies to the protocol, the question that one asks the arbitrator is at the heart of the effectiveness of any arbitration. Although I am not at this stage able to disclose to the right hon. Gentleman the question that has been proposed by the United Kingdom to the Commission, the question is everything. He may very well need to take that into account, because the question about when the protocol would end is likely to be determinative of whether the mechanism is effective.

[Robert Neill (Bromley and Chislehurst) (Con)]

I am glad to see that the Attorney General’s powers of alliteration have not dimmed since we first appeared in court together, and I know that neither have his independence, rigour, and respect for his constitutional position, which should never be questioned. Does he agree that when dealing with important matters of textual analysis and detail, it is unhelpful to attempt a running media commentary? Such commentary will inevitably be partial and inaccurate, and these matters are best pursued with care and rigour, and with the overall objective that he has just given to the right hon. Member for Leeds Central (Hilary Benn).

[The Attorney General]

I am most grateful to my hon. Friend for that question, and of course he is right. Any negotiation of this kind involves dealing with complex legal questions and matters, and a running commentary that is partial and often based on hearsay and rumour is not helpful to the analysis of the question, or conducive to the success of the negotiations.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 31st January 2019 Commons Chamber

[The Attorney General]

As the hon. Gentleman well knows, that is not a subject within my ministerial responsibility. The legal advice inside any Department is a matter for that Department; it does not come automatically to the Attorney General. There is an important principle of confidentiality and privilege associated with legal advice, which I hope the House will not lose. The matter that he has raised is not a matter for me; it is a matter for the Secretary of State.

[Robert Neill (Bromley and Chislehurst) (Con)]

Does my right hon. and learned Friend agree that the most pressing practical priority for the prosecuting authorities is to secure continued access to the critical database systems available under the Eurojust criminal co-operation arrangements, and that that requires as an absolute priority achieving a deal to ensure continued data regulation alignment so that there can be lawful access to those databases?

[The Attorney General]

As my hon. Friend well knows, the Government are keen to establish with the European Union the closest possible security partnership for precisely the reasons that he gives.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 13th December 2018 Commons Chamber

[The Attorney General]

It is always a serious matter for any Minister to find himself at odds with the House, particularly over an important question of constitutional principle. On reflection, and the opinion of the House having been tested twice, the Government took the decision to disclose the advice, but I must stress to the hon. Lady that successive Governments have defended that principle robustly. I have a list of very eloquent articulations of it by Opposition Members who have defended it against demands for the disclosure of confidential advice. It is an important principle, and I hope that the House will look again at the procedures relating to the motion for a return.

[Robert Neill (Bromley and Chislehurst) (Con)]

May I perhaps return to the question? [Interruption.] Does my right hon. and learned Friend agree that there is a real need to revisit the standard directions that judges give to juries in relation to the use of social media? Generally judges are well alert to the issue, but, as we know, there have been instances in which convictions have had to be set aside because juries have, in effect, researched the case outside the jury room using social media.

[Mr Speaker]

Order. For the avoidance of doubt, the previous exchanges were entirely orderly, and I would have ruled otherwise if they were not. That is the position, which, frankly, the Solicitor General ought to take to heart, and upon which he might usefully reflect. I will be the arbiter of what is orderly, not the hon. and learned Gentleman.

Oral Answers to Questions

Robert Neill Excerpts

Thursday 1st November 2018 Commons Chamber

[The Attorney General]

If that were true, I would share the hon. Gentleman’s profound concern. I will look into the matter as a consequence of his having raised it this morning.

[Robert Neill (Bromley and Chislehurst) (Con)]

May I, and all residents of Bromley and Chislehurst, welcome and endorse the comments of my right hon. and learned Friend about Mr Hill QC—a barrister of the very highest standing—Alison Saunders and Mr McGinty, who greatly impressed our Committee with his rigour as inspector? The Attorney General referred to proposals to reform the governance of the Crown Prosecution Service, and when we investigated the issue of disclosure, there was some concern about the potential ambiguity in how the role of superintendence over the CPS works. Will the Attorney General give us his thoughts on how that issue might be strengthened and clarified?

[The Attorney General]

I am most grateful to my hon. Friend for that question, and as he knows, I am currently considering how further detail and structure could be given to the statutory superintendence role. It is important that in that role I ensure—in so far as it is appropriate to do so and while protecting the fierce independence of prosecutorial decisions that the CPS rightly shows—that I am able to understand more clearly how matters are developing, for example, in connection with disclosure. I am therefore considering structural changes to the governance arrangements, and they will be announced in due course.