Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee, Sir Robert Neill KC.

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

Thank you, Mr Speaker. I welcome my right hon. and learned Friend’s comments about the progress made on tackling reoffending, but he will be aware that it remains stubbornly high. We are in an unfortunate position: we imprison more people than most of our neighbours in Europe, but still have higher rates of reoffending. Does that not posit the fact that we need to make more intelligent use of prison, and of alternatives to custody, as parts of a joined-up system? Would he agree that the Sentencing Bill is particularly valuable in this regard, and can we hope for its swift return to the House?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 14th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I welcome the Attorney General’s comments. I think every one of us shares the desire for the fighting to stop, and respect for the International Court of Justice. However, does she agree that it is important to be careful when we use legal terms in broader political debate? For example, the test of plausibility in the jurisprudence of the International Court of Justice is essentially about the admissibility of a claim, rather than its ultimate merits. The Court itself has described that, in a judgment involving Myanmar, as a “low threshold”. It is important not to make more of a preliminary finding than we should before final litigation is completed.

Prisons and Probation: Foreign National Offenders

Debate between Robert Neill and Lindsay Hoyle

Tuesday 12th March 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I commend the Secretary of State for his characteristically thoughtful and measured approach. Does he agree that it does no one any good service to try to reduce this issue to simplistic arguments? The truth is that dealing with prison capacity, where everyone has recognised for many years that there are real pressures, demands a careful set of checks and balances. Does my right hon. and learned Friend agree that those are in place? Does he also agree that we need to be honest with the public in saying that, however much we try, prison places are expensive and finite. Therefore, the system must make judicious and intelligent use of prison, which includes locking up those who are dangerous and having alternative ways of dealing with and punishing those who are not dangerous to the community. Is that not the objective?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 20th February 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

My right hon. and learned Friend will know that, only last week, the Court of Appeal criminal division, presided over by the Lady Chief Justice, quashed in bulk a number of Horizon appeals, on the basis of a half-hour hearing. When the cases get to court, the courts can deal with them swiftly.

Does my right hon. and learned Friend agree that in framing any legislation, because of the constitutional implications, it is important that we bear in mind that the failures are the failure of a prosecutor to do their duty, or perhaps the failure of the state to come to the aid of victims, but they are not the failure of the courts, which always acted entirely properly on the material put before them by the parties at the time? It was a failure of the parties, not of the courts.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 21st November 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I warmly welcome my hon. Friend to her place on the Treasury Bench; it is much deserved, and she was a distinguished member of the Justice Committee. She will know from that time that much work has already been done, following on from Operation Soteria, to improve investigation, conviction and prosecution rates and the victim experience in relation to rape and serious sexual offences. Will she also bear in mind that there are further opportunities, which we highlighted as a Committee in our scrutiny of the victims element of the Victims and Prisoners Bill, to improve the victim experience and ensure that it is consistent across the whole country?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 19th October 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

Just before the recess, the then Director of Public Prosecutions gave evidence to the Justice Committee and highlighted the specific areas of work being done to improve the victim experience in relation to rape and serious sexual offences. While there is more to do, would the Attorney General accept that there has been real progress from the position even, say, 10 years ago? What is the latest position in relation to the key targets that were set from the end-to-end rape review?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 12th September 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Justice Committee is proposing to hold an inquiry into future prison population and estate capacity, and I look forward to the Minister giving evidence to us about that. He will know that that is prompted in part by concerns that overall overcrowding in the adult male estate is some 23%, and it is much worse in many of the old local prisons. While he is right to draw attention to the Government’s new prison building programme, even if that were all completed on time, there would, according to figures we have seen, be a shortfall in March 2025 of about 2,300 places as against anticipated demand. What is going to be done to deal with that? Should we have a proper conversation with the public about what is a reasonable expectation of what can be done in prisons, what is the best use of prisons and who should be there?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 6th July 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I am sure the Attorney General will agree that the investigation and prosecution of rape and serious sexual offences requires particular skills in both investigation and handling in court. Will she therefore welcome the increase in prosecution counsel fees to an equal level with those for the defence so that we get the most competent people doing these cases? Will she also accept that more investment must continue to go in so that the Crown Prosecution Service, as the Director of Public Prosecutions pointed out to our Committee on Tuesday, can continue to recruit sufficient experienced rape prosecutors and have the digital technology to deal with things such as mobile phone evidence in these cases?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 27th June 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I am sure that the Lord Chancellor, as well as thanking the current Lord Chief Justice for his work, will welcome the appointment of Dame Sue Carr as the first woman Lord Chief Justice of England and Wales and look forward to working with her, too. Does the Lord Chancellor agree that one of the real areas of concern and pressure on prisons is the growth in the remand population? In January, before he was appointed to office, the Justice Committee produced a report on remand, from which some recommendations were accepted and some were not. Will he revisit some of those recommendations and see what more we can do to bear down in particular on the growth in remand for people who after all have not yet been convicted?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 16th May 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

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

I have already welcomed the Lord Chancellor to his position. He will know that, “If it ain’t broke, don’t fix it” is not a legal maxim, but it is still a sound one that may apply in this case. If it were thought necessary to make changes to the human rights regime in this country, perhaps the report of Sir Peter Gross offers a better way forward, but does he also agree that his Department’s important priorities are those that affect people’s day-to-day lives in their interactions with the justice system? Ensuring that we have fully efficient and working court systems and an efficient and human prison system may therefore be higher priorities. Perhaps meeting the Bar Council and the Law Society to iron out the remaining matters from the Bellamy review and ensuring that we have a proper prison workforce strategy, rather than legislating, may therefore be his best priorities—

[Mr Speaker]

Order. You’re not in court now, Sir Robert. Come on.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 28th March 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The initiatives that the Government have introduced are very welcome. One of those is the pre-recorded cross-examination under section 28, but, to make that work, there has to be a proper level of remuneration for advocates on both sides to ensure that we have skilled and experienced barristers prosecuting and defending those cases. What arrangements have now been made to finalise the conditions and terms of payment for section 28 proceedings with both defence and prosecution barristers? Until we get that right, we will not get the cases through at the speed we wish.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 2nd March 2023 Commons Chamber

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

If the Minister had been on the 8.27 from Chislehurst today, he would not have seen very much by way of improvements, that is for sure, because it ran late, as ever. Is not the problem that, because of the loss of direct services on the Hayes line into Charing Cross and equally the cutback in direct services on the north Kent line into Cannon Street, unsustainable numbers of people are having to change trains at London Bridge? I have seen the chaos there, and I have actually stood outside the station, because it has had to be closed on occasions. It is not safe, Minister. At some point, somebody will get injured or killed as a result of this.

[Mr Speaker]

Order.

[Sir Robert Neill]

Will the Minister please get officials to sit down with south-east London MPs and get this sorted out?

[Mr Speaker]

Order. Sir Robert, do not tempt my patience. Come on, Minister.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 21st February 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister is right to emphasise the importance of bearing down on these dreadful offences. Has he seen the research published this week in the Criminal Law Review based on the largest ever dataset of Crown court cases, which suggests that convictions for rape have risen markedly since 2018 and now stand at 75%, against an increase in charging as well, and that the conviction rate for rape and serious sexual offences is now higher than for other offences of violence against the person? That is important information. That work was carried out by Professor Cheryl Thomas, who is regarded as the leading academic expert on juries, using the largest ever dataset. Does the Minister agree that we should take that into account when we consider how best to take forward our policies to bear down on these serious offences—using up-to-date information to adjust our policies?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 1st February 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

I think the Attorney General has just demonstrated that she and the Solicitor General are well up to the task of internal inquiries. In welcoming the report, will she recognise that, given the Attorney General’s important role of speaking truth to power—to Government—it is also important that the Law Officers should be consulted in a timely fashion, and appropriately and fully, on any controversial matters that may have a legal aspect, and that fellow Ministers should then listen and act accordingly, consistently?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 10th January 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

Every Crown court centre in the country is affected by backlogs, which are rising to crisis proportions once more. The Government rightly resolved the issue of the availability of defence counsel by increasing defence fees, but now the issue is the continued and repeated unavailability of prosecution counsel. Since our system requires equality of arms—barristers of equal seniority and ability to prosecute and defend—is it not important that the Secretary of State and his junior Minister support the Attorney General in getting increased funding from the Treasury for equivalent prosecution fees so that we have a joined-up system?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 7th December 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

May I, both personally and on behalf of the Committee, warmly welcome the Attorney General to her place? Everyone who saw her sworn in will know how positive the reaction of Bar and Bench was to the appointment of someone who takes her responsibilities so seriously, and we look forward to working with her.

When the Director of Public Prosecutions gave evidence to the Justice Committee last month, she stressed that the pressures on the CPS must be seen in the context of the justice system as a whole, and that the solution to those pressures required consistent support for the system, but in particular support for CPS staff—

[Mr Speaker]

Come on! Somebody answer the question!

Prison Capacity

Debate between Robert Neill and Lindsay Hoyle

Wednesday 30th November 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister is right, of course, to take this urgent action, and to say that this is not the first time it has had to be done. Does he recognise that two factors are at play here? One is the underlying upward trend in prisoner numbers over the past couple of decades. Those numbers have risen exponentially, and perhaps there is a case for us to look again at whether it is appropriate to be holding non-violent offenders in custody, as opposed to the dangerous people who we do need to lock up. Secondly, the Minister refers to the levels of investment in maintenance, but as he will know, the Justice Committee has more than once pointed out that even with increased spending on maintenance, there is still a significant backlog and shortfall in the maintenance budget. Many prison cells are therefore out of commission and not usable, when they ought to be brought back into use. What is being done to accelerate the maintenance programme to get more cells back into use?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 22nd November 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

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

The Minister is of course right to say that we need to modernise and improve IT systems and replace the legacy systems, but will he sit down and talk in some detail with users of the system, both judges and practitioners? For example, a platform that is unable to record whether a case concludes in a guilty plea will not be very much help in tracking the progress of cases or improving listing at a time when we have massive backlogs. Practical changes are surely what is needed.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 7th July 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Justice.

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

I join the Attorney General in her tribute to my hon. and learned Friend the Member for Cheltenham (Alex Chalk), whose service was absolutely outstanding and exceptional. He departed his post with great honour and with the respect of this House, the profession and the judiciary.

I thank the Attorney General for what she says about victims. It is clear that the Government have done a great deal. However, I am sure she is aware that in the course of the Select Committee’s prelegislative scrutiny of the welcome draft Victims Bill, we have heard evidence that—as the hon. Member for Rochdale (Tony Lloyd) said—although there is good work, there is still patchiness in the provision of services for victims in many areas. The draft Victims Bill is a real opportunity to improve that and ensure a much more consistent approach. May I ask the Attorney General for an undertaking that the Government will look with care at the recommendations that we make as a result of that prelegislative scrutiny?

[Mr Speaker]

That was very long!

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 5th July 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

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

The Minister knows that the Justice Committee welcomed the Government’s acceptance of Sir Christopher Bellamy’s review, which relates to fees for both barristers and solicitors in criminal work. We all want barristers and solicitors to return to accepting instructions in all forms of case. The Minister will also remember that Sir Christopher’s review stated that the £135 million that is being paid, I grant in tranches, and subject to certain reforms, was

“the minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect”.

The “minimum necessary” first step. Will the Minister reassure practitioners of both professions that he accepts it is a first step, and that the Government are willing, able and ready to engage with the professions on the second step? Reassuring that good faith would make it easier to resolve the current impasse.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 24th May 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Bob Neill.

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

The Minister is right to highlight the work that is being done to increase support for victims, but he will be aware that the Justice Committee published a report on court capacity on 27 April. I look forward to hearing his response to it. In the summary, we highlight that despite efforts from the Government to go in the right direction:

“Delays in the Crown Court have reached a point where they are causing significant injustice.”

Is it not the reality that solving this will require not just victim measures but, more significantly, a root-and-branch attempt to tackle all the elements of delay, which relate to judicial capacity, physical capacity and maintenance of the estate, improved data and technology and improved processes in the Crown court? All those must come together, and that requires sustained investment. Will the Minister respond in detail to the report in due course?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 24th March 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee, Sir Robert Neill.

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

Thank you, Mr Speaker. I welcome very much the establishment of a war crimes taskforce, on which my right hon. and learned Friend serves, and the additional funding that the Ministry of Justice has given to the International Criminal Court.

The war crimes that are undoubtedly being committed in Ukraine are being committed on the territory of a country that adheres to the conventions of the ICC, which therefore has jurisdiction. Will the Attorney General take on board the very important point made by the chair of the Bar in a speech last night, that even though Putin and his cronies may be beyond our reach at the moment, the bringing of an indictment is itself an important signal that we stand up for the rule of international law? Will she take up the suggestion of working with the legal professions and seconding British lawyers to the ICC to strengthen its investigations team?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Wednesday 16th June 2021 Commons Chamber

[Mr Speaker]

Before we start Prime Minister’s questions, I would like to point out that the British sign language interpretation of proceedings is available to watch on parliamentlive.tv. I call Sir Robert Neill.

The Prime Minister was asked—

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

Q1. I know that the Prime Minister will report later—

[Mr Speaker]

The hon. Member has been away a long time. Question 1—try again.

[Sir Robert Neill]

Question 1, Mr Speaker; in my case, I have only been in the House for 15 years.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 16th March 2021 Commons Chamber

[Mr Speaker]

Let us go to Sir Robert Neill, the Chair of the Justice Committee.

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

I, and I am sure all the members of the Justice Committee, will also want to associate ourselves with the Secretary of State’s comments. Does he agree that protection of the public is served not only by deterrent sentencing where necessary, but by a much a broader and more nuanced suite of alternatives for less serious offenders? Can he help us, in particular, on the timescale for the roll out of problem-solving courts, which have been called for by the Select Committee and by many other commentators over a number of years, but which, until now, have perhaps not always had the ministerial or governmental impetus behind them that is required to make them succeed as part of that smarter sentencing package?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Tuesday 2nd February 2021 Commons Chamber

[Mr Speaker]

Chorley is always ready to help the Minister as well.

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

The extra investment is important and should be recognised, and Nightingale courts can make an important addition to court capacity, but does my hon. Friend the Minister agree that most Nightingale courts are not equipped to handle custody cases and therefore many of the most serious trials? Is not the long-term solution sustained investment, over a period of months and years, to make sure that all available physical Crown courts sit the maximum number of days that they can safely sit, and to ensure that there are resources in terms of judiciary, support staff and a safe environment for court users, to make sure that that can be done? Is that not the top priority?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Monday 16th November 2020 Commons Chamber

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

  I was glad to hear the Secretary of State recognise the continuing issues with the EWS1 forms, and perhaps we can speak further about that. I also welcome the Housing Minister’s acceptance that leaseholders should not bear the costs of remediating cladding for which they have no responsibility. Does the Secretary of State accept that by the same logic, and out of common decency, neither should leaseholders be expected to bear the costs of items such as a waking watch, which arise directly from the cladding itself having been unsafe, because of regulatory failure? This has cost constituents of mine in Northpoint in excess of half a million pounds.

[Mr Speaker]

I think we have got the message.

Points of Order

Debate between Robert Neill and Lindsay Hoyle

Tuesday 29th September 2020 Commons Chamber

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

On a point of order, Mr Speaker. I wish to raise what I submit is an important issue concerning the extent and interpretation of the Law Officers’ convention in relation to questions and answers given in this House. On Thursday last week, I asked the Attorney General for information on what support she had had from officials, Treasury counsel and others in relation to the preparation of a statement on the Government’s legal position on to the United Kingdom Internal Market Bill and the withdrawal agreement, which was published to Select Committee Chairs on 10 September. She declined to give me a substantive answer to that question, relying upon the convention.

I submit that it is very clear from “Erskine May” that the application of the convention is strictly and deliberately circumscribed so as to limit it to protecting the giving of legal advice or opinions by the Law Officers to the Government. I submit that the publication of a statement of the Government’s opinion on the legal position cannot be advice given to the Government, and therefore the convention cannot apply to it. If that be the case, I ask for your guidance, Mr Speaker, on whether the Attorney General was in order in relying upon the convention, and how I might elicit the information that I was seeking.

[Mr Speaker]

I am grateful to the hon. Member for that point of order, and for giving me notice of it. Ministers are, of course, responsible for the answers that they give, but I can help him in some respects. It seems to me that he states the convention as reflected in the ministerial code accurately. A Law Officer can choose to make their advice public, as has happened in the instance to which he referred, and, as my predecessors have ruled, the rules of the House are in no way involved should they choose to do so, as is stated in “Erskine May”.

It is out of order to ask a question that seeks an opinion on a question of law, but I can confirm that the question that the hon. Member asked did not infringe that rule. He is entitled to table further questions to pursue what he considers to be an unsatisfactory answer. I have no doubt that he will do so with great urgency.

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

Thursday 24th September 2020 Commons Chamber

[Mr Speaker]

I am not quite sure that we have responsibility for the SNP conference at the moment. I call the Chair of the Justice Committee.

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

The Attorney General referred to the letter that she sent to me and other Select Committee Chairs on 10 September, which included a statement of the Government’s legal position on the United Kingdom Internal Market Bill. What support, input and advice did she receive from any legal officials in her Department, or from Treasury counsel, in drawing up that statement of the Government’s legal position?

Oral Answers to Questions

Debate between Robert Neill and Lindsay Hoyle

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?

Divorce, Dissolution and Separation Bill

Debate between Robert Neill and Lindsay Hoyle

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

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

Thank you, Mr Speaker—Mr Deputy Speaker. That was, perhaps, a Freudian slip.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Move on!

[Robert Neill]

It is a pleasure, as always, to follow my hon. Friend the Member for Congleton (Fiona Bruce). She made a heartfelt speech. I know that this is a matter on which she feels very strongly. It is an issue to which I myself have given considerable thought. It is sensitive and important, particularly for those who have a faith and regard marriage as a sacrament as well as a legal contract.

I look at this issue from the point of view of someone who happens to be a practising Anglican, as someone who has for 25 or 30 years been a practising lawyer—not predominantly in the field of family law, although I did practise family law to some degree in my earlier days—as someone who served as a councillor in a local authority, and as someone who has the honour of serving as Chair of the Justice Committee. I have had the chance to see the issue from a number of points of view and I have come to a different conclusion from my hon. Friend. I do not say that with any disrespect for the strength or genuineness of her feeling; I am just persuaded, on balance, that the Secretary of State is right and that the evidence points quite clearly to this being an appropriate and necessary reform.

As Chair of the Justice Committee, I have had the opportunity to engage with leading members of the judiciary, particularly, in this context, with those of the family division. It is the overwhelming view of family practitioners, including solicitors, barristers and senior judges, that the current arrangements, which require fault to be used as a proof of irretrievable breakdown, do not work satisfactorily and do not achieve what is ultimately the necessary objective of enabling people whose marriage has sadly broken down irretrievably—I suspect that none of us want that to happen when we embark on a marriage, but it does happen in some cases—to leave their marriage with a measure of dignity and to do so in a way that enables the important issue of financial fairness to be resolved, and, in the case of children, to enable civilised and caring arrangements to be made for them and their children. That, ultimately, must be the chief and principal objective.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Debate between Robert Neill and Lindsay Hoyle

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

[Robert Neill]

My hon. and learned Friend will know, and perhaps she will confirm, that the way this works in practice is that either the Lord Chief Justice or the Senior President of Tribunals makes the authorisation. Alternatively, in the case of the civil jurisdiction, for example, this will invariably at least go to the senior presiding judge or the presiding judges of the circuit. We are talking about people who, in their administrative role, never mind their judicial capacity, will have visited and met these—

[Mr Deputy Speaker]

Order. Minister, come on. And you have had three speeches already, Bob, you don’t need to stretch the imagination of the Chamber.

Prison Reform and Safety

Debate between Robert Neill and Lindsay Hoyle

Thursday 7th December 2017 Commons Chamber

[Robert Neill]

I am grateful to my hon. Friend for raising the Rochester issue. He might like to know that we found on one wing that some 22 showers had been out of operation for months. When we spoke to people there, they said that the nub of the problem was that the facilities management contractors do not see the governors as their client. They see their client relationship being with MOJ’s commercial arm. That needs to be got right, because it means that the efforts of governors get nowhere—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Can I be honest? We need shorter interventions. The hon. Gentleman was hoping to get two minutes at the end of the debate; he is eating into those two minutes, and he will understand if he does not get them.

Neighbourhood Planning Bill

Debate between Robert Neill and Lindsay Hoyle

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 13th December 2016 Commons Chamber

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

I apologise for missing the beginning of the debate—I was chairing a Select Committee.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

You only missed one minute.

[Robert Neill]

I am sure it was a very important and fascinating minute, Mr Deputy Speaker, particularly as the hon. Member for City of Durham (Dr Blackman-Woods) was speaking—I have great regard for her.

I support my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) and the amendments in our names. We put them forward in an endeavour to be constructive. They reflect areas where the Government have taken valuable and worthwhile steps. New clause 12 is built on the fact that they rightly increased the rates of interest, but it is important that there is not a lacuna between the enabling legislation and the practical application of the regulations. The Minister might say, “There is another means whereby I can achieve the same objective as the new clause,” in which case my hon. Friend the Member for The Cotswolds and I will be perfectly happy, but it is important to flag that up, particularly because the Treasury has to deal with the regulations, although I could be wrong about that. We would not want anything to fall between the gaps and prevent the Government’s good intention from being delivered in practice.

European Union (Referendum) Bill

Debate between Robert Neill and Lindsay Hoyle

Friday 17th October 2014 Commons Chamber

[Robert Neill]

My hon. Friend is absolutely right. I have no doubt that if there were those—either present today, or not present today—who were tempted, having not put up or shut up at today’s Second Reading, to use various Westminster village procedural games and devices to frustrate the giving of a say to the British people—[Interruption]—they would incur the opprobrium of their voters, and would do great damage—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I want to hear the hon. Gentleman, but I cannot hear him for those who are either shouting him down or cheering him on. Whichever it be, I want to hear the hon. Gentleman.

Criminal Justice and Courts Bill

Debate between Robert Neill and Lindsay Hoyle

Tuesday 17th June 2014 Commons Chamber

[Yasmin Qureshi]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Both hon. Members cannot be on their feet at the same time. If the hon. Lady gives way to the hon. Gentleman, she must let him make his point before jumping back up. Bob Neill, have you finished?

[Robert Neill]

Yes.

Legal Aid Reform

Debate between Robert Neill and Lindsay Hoyle

Thursday 27th June 2013 Commons Chamber

[Robert Neill]

I have given way twice and am afraid that I cannot give way any more. I am sure that the hon. Gentleman will find another opportunity to make his point.

We should not be sniffy about the development of alternative business models that might deliver the service properly. I recognise the points that have been made about accessibility in rural areas and about the particular types of expertise that may be needed. We could do more within the existing mechanisms to assist people with such issues.

I have come across such a situation in my constituency. Bromley council has set up an online platform in negotiation with reputable and well-established solicitors firms in the area that puts potential clients in contact with a solicitor, who provides the initial advice without any charge. There was difficulty in setting that up because, despite the willingness of the established solicitors firms to take part, the Solicitors Regulation Authority would not provide the necessary regulatory clearance. That is a needless bureaucratic obstacle to a practical solution to a genuine problem. That could sensibly be looked at and I hope the Minister will consider what might be done.

There are other ways in which we can make savings in criminal matters. My hon. Friend the Member for North West Norfolk (Mr Bellingham) has suggested using the independent Bar more within the Crown Prosecution Service. We should look at whether more efficiencies can be made in that body more generally. Perhaps we should look at the operation of the new centralised magistrates courts service. Again, there might be scope for savings.

We spend markedly more on legal aid than any comparable common law jurisdiction. We spend about £39 per head in the UK, compared with about £20 per head in the Republic of Ireland, about £10 per head in Canada and about £13 per head in New Zealand. Those are jurisdictions with the same system and trial processes as we have, but they do it markedly cheaper. I do not believe that a reduction of 10%, which is not out of line with other reductions, is unacceptable.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order.

Local Government Finance Bill

Debate between Robert Neill and Lindsay Hoyle

Wednesday 31st October 2012 Commons Chamber

[Robert Neill]

My hon. Friend has raised a couple of important points. I shall begin with the last, if I may—and I shall not forget the other Members who wish to intervene.

We should not make the error of thinking that unitary status is always a solution. Some unitary authorities that are on the small side do not follow their natural boundaries, and their critical mass is towards the lower end of the scale in terms of economic, financial and managerial capacity. It is clear to us now that the creation of a string of fairly small unitaries was not necessarily the best solution. We should not assume that unitary is always good and two-tier is always bad. Some unitaries work and some do not; some two-tier areas work, while in others there are tensions. We need to ensure that they work better in future, and I believe that the Bill and the Lords amendments will be one means of helping them to achieve that.

My hon. Friend’s point about perception is important too. I experienced some frustration when I was first elected as a councillor in the London borough of Havering in 1974—[Interruption.] I must tell the hon. Member for Hartlepool (Mr Wright) that it was a little after the Municipal Reform Act 1835, but it was a while ago nevertheless. In those days, not only was I one of the few members of our 60-odd-strong council who were interested in taking part in the pan-London bodies that we had to have, but I was regarded as very dangerous—dangerously outward-looking—because I had stood for the Greater London Council as well. In 1974, some members of the borough council still thought in terms of the two predecessor authorities. We did not have cabinets in those days, but there was concern about whether the committee chairmen were drawn sufficiently from the Romford end or the Hornchurch end, even if they were members of the same political party. That inward-looking tendency is one of the bigger challenges that we face in dealing with local government as a whole, but attitudes have improved massively since those days in 1974, which is to local government’s credit.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I remind the hon. Gentleman that we are discussing an amendment. I know that he has been tempted away from it by the hon. Member for Bedford (Richard Fuller) and that he wishes to return to it, but I should like us to get past 1974, right up to date, and back to the amendment, on which I know that the hon. Gentleman was about to enlighten the House.

[Robert Neill]

You are, as always, the guardian of rectitude in this place, Mr Deputy Speaker, and, as you know, I am always the willing servant of rectitude in these matters. The point that I was making was that we had indeed moved on a great deal since 1974, in terms of thinking as well as chronology. The situation is better than it was. However, we still have to deal with some entrenched thinking. I believe that, by promoting pooling, the amendment can break down some of that thinking, which, as was pointed out by my hon. Friend the Member for Bedford, can spill into other areas of policy decision-making as well as those relating to local government finance. I hope that, by encouraging economic investment, pooling will make it easier and more desirable to provide the educational opportunities cited by my hon. Friend in the context of free schools. His point was well made: all the various legislative measures interact as part of a broader localism agenda.

Now I must not forget the hon. Member for Hartlepool, who tried to intervene earlier.

--- Later in debate ---

[Robert Neill]

That point is slightly different from the pooling point. I was talking about the provisions that deal with the tier splits. We are returning some of the moneys—the business rate—directly to local government. That was formerly taken by the Treasury and distributed by formula grant. Some of those moneys will be needed to fund district council functions in two-tier areas, and some will be needed to fund county council functions in two-tier areas.

That highlights why there has to be a passing of money. It is collected by the billing authority; that is the case at the moment. Southend borough council and Rochford district council collect all the business rates and then have to send the money to central Government as, I think, a monthly payment. It is then returned in the local government finance settlement each year, predominantly by way of the formula grant—although there are one or two other grants, as this is a slightly complex world. We are allowing authorities to keep some of that money at the beginning, but because it has to fund two types of authority—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure the hon. Gentleman will want to address his comments through the Chair, rather than personally across the Bench to his colleague, as he is currently doing. I am also sure that he is not filibustering; I can see that there is no organisation.

[Mr Deputy Speaker]

I think there is about to be another intervention on you, Mr Neill.

[Robert Neill]

As you know, Mr Deputy Speaker, the last thing I would ever wish to do is filibuster. I have spent a large proportion of my life dealing with local government finance, and I wish we could explain things in one simple sentence, as that would make life a lot easier for many of us.

I have outlined the essence of the issue, and the reasons why we have references to billing authorities and major precepting authorities. There are other precepts; the parish council can levy a precept, but it is not a major precepting authority. Very occasionally, there will also be certain levies put on top, but for our current purposes we need not discuss that and add further confusion.

Usually the district council in a two-tier area is the planning authority, and it is also the billing authority. Importantly, however, for investment purposes—this is where this point links in with the question of business rates retention—the highway authority will tend to be the county council, which often has significant economic development resources that district councils do not have, and the education authority will be the most significant body for the skills agenda and in attracting the required work force. That is why pooling makes sense. It links the pooling of resources with pooling and collaboration on a raft of issues, which is essential in the modern world.

--- Later in debate ---

[Robert Neill]

I will be delighted to take responsibility for my hon. Friend’s arrival in this House.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I say to the hon. Gentleman that we do not need to rehearse the CV of any Member. Furthermore, I am worried that Members may become more confused about the issues in hand after his detailed explanations. We must now address the amendment alone, and not embark on a tour of the country.

[Robert Neill]

I entirely agree, Mr Deputy Speaker, and the point of the amendment is—

[Mr Deputy Speaker]

Order. Let me reiterate that we will now deal with Lords amendment 1 and we will not be distracted from that.

[Robert Neill]

Lords amendment 1 is important because it enables pooling, and pooling is one reason why irrelevances such as unitary reorganisation need not trouble the Government in the future.

[John Hemming (Birmingham, Yardley) (LD)]

I represent a Birmingham constituency. The local government structure in the area arises from the fact that the West Midlands county council was abolished in 1985 and three functions were dealt with separately: the police and the fire service are now precepting authorities, while the integrated transport authority—it used to be the passenger transport authority—is not a precepting authority. In terms of encouraging economic development, therefore, there is a key question as to whether pooling serves to improve transport. Will the Minister comment on—

[Mr Deputy Speaker]

Order. The hon. Member for Bromley and Chislehurst (Robert Neill) is a former Minister; he is not still a Minister. Also, interventions need to be shorter. If Members wish to speak, they should put their name down, and I am sure we will be able to accommodate them.

[Robert Neill]

My hon. Friend makes a fair point. When seeking clarity on these matters, we are sometimes bedevilled by history. A passenger transport authority would, I suspect, be a levying authority rather than a precepting authority for the purposes under discussion. At present, it would not necessarily fall within the scope of this pooling. It is important to raise such topics, however. There must be a means whereby the pooling of retained business rates includes incentives for transport authorities. In Greater Manchester, the solution has been the creation of a joint authority. There might be merit in considering a similar solution in Birmingham. I am sure the Minister will take that point on board, and I ask him to address it in his concluding remarks. It is also worth pointing out that if there is a large amount of money in the business rate pool, more money can, of course, be leveraged into investment, particularly for infrastructure purposes—and infrastructure investment is precisely what authorities want.

London Local Authorities Bill [Lords]

Debate between Robert Neill and Lindsay Hoyle

Wednesday 25th January 2012 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I now have to announce the result of the deferred Division on the motion relating to the mayoral referendum for Birmingham. The Ayes were 303 and the Noes were 203, so the Question was agreed to.

I also have to announce the result of the deferred Division on the motion relating to the mayoral referendum for Bradford. The Ayes were 304 and the Noes were 202, so the Question was agreed to.

[The Division lists are published at the end of today’s debates.]

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

May I briefly pull together the chains of this debate and address the topics that have been raised? I should say, as a matter of principle, that this is a private Bill. Any local authority, like many other institutions, private and public, is entitled to bring private legislation before the House. It is equally the entitlement of all Members in this House to scrutinise such legislation.

The Government, historically, have taken a neutral stance towards private legislation, and we do so again, as I said when the Bill was debated previously. I simply observe that all the matters that are the subject of this debate are legitimate areas of concern to local authorities. The appropriate stance is not one upon which the Government would seek to impose a blanket or one-size-fits-all view of policy. It is right generally to favour local discretion, but none of that impinges on the right of the House to scrutinise particular pieces of private legislation brought before it.

I merely observe that in relation to smoking-related litter it is, as a matter of policy, the Government’s view that the “polluter pays” principle should generally be advanced. In relation to turnstiles in public toilets, it is of course to be noted, as has been observed, that all public conveniences are now subject to the equalities legislation, which requires accessibility of services to disabled people, and I hope, therefore, that my hon. Friend the Member for Finchley and Golders Green (Mike Freer), who speaks on behalf of the promoters of the Bill, will be able to reassure hon. Members who have raised points that anything done, were the House to pass the Bill, would not impinge on that. Clearly, it is important that any kind of turnstile, however described or constructed, is consistent with such legislation.

Local Government Finance Bill

Debate between Robert Neill and Lindsay Hoyle

Tuesday 24th January 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

I beg to move amendment 3, page 16, line 29, at end insert—

‘(6A) Where the original calculations did not show that a relevant authority was to make a payment to the Secretary of State, but the revised calculations show that the authority is to make a payment to the Secretary of State—

(a) the authority must make that payment to the Secretary of State, and

(b) the authority must make a payment to the Secretary of State of an amount equal to the amount of the payment shown by the original calculations as falling to be made by the Secretary of State to the authority.’.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss Government amendments 4 to 16.

[Robert Neill]

It is a pleasure to be back here under your chairmanship, Mr Hoyle, dealing with the next part of the Bill. The amendments make changes to paragraphs 12 and 15 of the schedule and some consequential changes to schedule 3. To make sense of how they operate, it is sensible to look at the scheme of how part 5 works as a whole, which I shall do as briefly as I can.

In earlier debates on the Bill, the Government have made it clear that we have always accepted there would be a need for some redistribution of business rates from resource-rich to resource-poor authorities. We intend that the redistribution should be done by way of tariffs and top-ups, which have been mentioned in earlier debates. Those will be set at a level that ensures that no authority will be worse off on day one of the scheme than they would have been under formula grant. That is a principle that we have already established. So tariffs and top-ups will be set on day one so that no authority will be worse off. Thereafter, the intention is that tariffs and top-ups will be index-linked to the retail prices index so that the value of protection provided to top-up authorities is maintained in real terms. Under paragraph 10, the basis on which tariffs and top-ups will be calculated will be set out each year in the local government finance report, which the Secretary of State must lay before the House, and will thus be subject to the same scrutiny as the report.

Once the local government finance report is approved by the House—the normal procedure—paragraph 11 requires the Secretary of State to make the necessary calculation of the tariffs and top-ups to be paid, or received by each authority, on the basis approved in the report. After the calculations have been notified to the authorities, paragraph 12 requires them and the Secretary of State to make payments in line with them.

Part 5 of the schedule also provides, purely on a precautionary basis, that the Secretary of State may at any time up to 12 months after the year to which the local government finance report relates make a further set of calculations, but with the proviso that they are made on the same basis as set out in the report. That will make sure that in the unlikely event that we later discover a mistake in the original calculations we can put it right.