Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 28th March 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Casey report reminds us that we must be alive to racism not only in the police, but in the whole justice system. Will Ministers engage with and act on a significant report by Manchester University and a Crown court judge, which found that racial bias plays a significant role in the justice system, including discrimination by judges? The report made a series of constructive suggestions to address this issue.

[Dominic Raab]

I will certainly take a look at the Manchester academic report the hon. Gentleman refers to. I know, through my work with His Majesty’s Courts and Tribunals Service and the senior judiciary, that they are very mindful of the issue he raises. It is important. Equally, we need to ensure that we are rigorous and colourblind to all crimes, and ensure that the rule of law applies across all communities. That is the best way to make sure we strengthen and reinforce public confidence in the justice system.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 21st February 2023 Commons Chamber

[Dominic Raab]

The hon. Gentleman needs to read the Bill of Rights. It envisages that we will stay a state party to the ECHR, which is retained in a schedule, so all his other concerns melt away.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Both the Prime Minister and the Deputy Prime Minister have repeatedly failed to rule out withdrawing from the convention in the longer term, the impacts of which would be international humiliation for this country and a severe blow to international human rights law. It is shocking that these questions even have to be asked of the Government. What we need from the Justice Secretary is a full-throated defence of the convention and a commitment to the UK’s long-term membership. Instead of playing along with his more extreme Back Benchers, will he now deliver that unequivocal defence and a long-term commitment?

[Dominic Raab]

I am surprised to hear the SNP talk about extreme members of other parties. At the moment, the UK’s single biggest human rights concern is the trade in misery we see with the small boats and illegal immigration across the country. If the hon. Gentleman is committed to human rights, he should back us in taking every conceivably measure to deal with that problem.

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[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It has become apparent that if the Justice Secretary does not act, the Retained EU Law (Revocation and Reform) Bill could see thousands of part-time judges face a massive loss of pension rights, pushing many away from office at the worst possible time. This morning, when we debated the matter in a Delegated Legislation Committee, the Under-Secretary of State for Justice, the hon. Member for Finchley and Golders Green (Mike Freer), was a little vague about whether the Department would fix this specifically by retaining the relevant regulations. Can the Lord Chancellor give that clear commitment today?

[Dominic Raab]

Of course, as the retained EU law Bill goes through, we will consider any significant issues that are raised, but that Bill is critically important as we take control of our own destiny and make sure that we have laws tailored to the UK that best suit the circumstances of the UK, whether that is England, Scotland, Northern Ireland or Wales. The hon. Gentleman ought to support that.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 10th January 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank my predecessor, my hon. Friend the Member for Glasgow North East (Anne McLaughlin), for her fantastic work in this role, and in particular on the defence of human rights. On that theme, the former Victims’ Commissioner, Dame Vera Baird, recently highlighted the dangers of the Lord Chancellor’s so-called Bill of Rights, arguing that it would harm women,

“affect victims of violence against women and girls and their ability to drive the police to do better”

and

“absolutely shatter any positive impact from the victims’ bill”.

Will he now listen to victims and their representatives and abandon his plans, which undermine them?

[Dominic Raab]

That critique is total and utter nonsense. There is not a shred of substance to it. The Bill of Rights will actually help victims of crime, not least by enabling us to deport more foreign national offenders. I look forward to bringing the victims Bill forward and having support from all Members on the Opposition Benches.

[Stuart C. McDonald]

That answer completely misunderstands how important convention case law has been in helping to protect victims of violence against women and girls. Even worse, in various December appearances, neither the Secretary of State nor the Prime Minister could bring themselves to rule out complete withdrawal from the European convention altogether, which would be a disaster for victims. Is this a reflection of the political weakness at the heart of Government that his ex-colleague Claire Perry O’Neill alluded to in her article yesterday, or will he come to the Dispatch Box now and categorically rule out the appalling idea of withdrawal from the convention?

[Dominic Raab]

The hon. Gentleman will know that our plans for a Bill of Rights retain membership of the European convention, but we have said that withdrawal is not off the table forever and a day for the future, and that remains the Government’s position.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 22nd November 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is carers, victims of domestic violence, disabled people, trafficking victims and people with mental health issues who are among those who have vindicated crucial rights and tackled Government discrimination using the Human Rights Act. Their victories could not have happened under his Bill. As we face up to the cost of living crisis, should we not be strengthening our citizens’ rights rather than undermining them? Why does he want to put people in the UK into a second-tier system of rights protection?

[Dominic Raab]

A series of cases have been put about that either would not be affected by the Bill of Rights or were not the product, in terms of the remedy, of the Human Rights Act. I do not accept the hon. Gentleman’s assertion; I want to work with hon. Members from all parts of the House. There is a great opportunity to strengthen the UK tradition of human rights—I think we should be proud of that as one United Kingdom—but to deal also with the elastic interpretation of rights and the shifting goalposts that have undermined the credibility of human rights and put huge pressure and strains on our ability to protect the public.

[Stuart C. McDonald]

The only thing undermining human rights protections in this country is the Justice Secretary’s proposed Bill of Rights. The reality is that a nursery class could have designed a more sensible piece of legislation than his Bill of Rights. Everybody from human rights campaigners to big city lawyers are saying so—indeed, even the disastrous Truss Administration understood that fact. Given the universal criticism, what exactly is it that makes him think he can just carry on regardless, without even a further consultation?

[Dominic Raab]

I am afraid I do not accept that characterisation. I think that on Second Reading, the hon. Gentleman will see the level of support. There has already been consultation on not just the policy proposals but specific clauses. We have looked at this at length. It is a manifesto commitment dating back to 2010. It remains one today, and we are going to deliver it for the British people.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 24th May 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Thank you again, Mr Speaker. The Human Rights Act 1998 has become a cornerstone of justice and democracy in the United Kingdom. It is pivotal legislation not to be tinkered with lightly. Given that cross-party MPs have today found that the now Justice Secretary presided over a

“disaster and a betrayal of our allies”

and

“a lack of seriousness, grip or leadership at a time of national emergency.”

in relation to Afghanistan, I have to ask in all seriousness why he should be allowed anywhere near such fundamental legislation and indeed why he is in ministerial office at all.

[Dominic Raab]

I am surprised that the SNP has nothing to say on the issues at hand in relation to criminal justice, whether in Scotland or in the rest of the UK.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 8th February 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

7. What recent discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Under this Prime Minister and this Government, before the next election, we will replace the Human Rights Act 1998 with a Bill of Rights to end the abuse of the framework and the system by dangerous criminals and to restore some common sense.

--- Later in debate ---

[Dominic Raab]

We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed. I will give one example. I visited HMP Frankland in Durham. It is a high-security category A prison. One of the challenges in dealing with terrorist offenders, particularly those who could infect the minds of others, is the issue of separation centres. We are increasingly seeing litigation claims claiming article 8 as a right to socialise getting in our way. That is a good example for the common-sense approach and the balance we want to have. I am very surprised that the right hon. Gentleman is opposed to it.

[Stuart C. McDonald]

The position is that the Government commissioned an independent review, did not like the conclusions and so have simply just ditched them. Why should anyone have any faith that the Government will listen to their consultation responses if they are so hellbent on pursuing what Sir Geoffrey Bindman QC has labelled an

“indefensible…inward-looking and cowardly”

retreat from human rights?

[Dominic Raab]

I am very grateful for the independent Human Rights Act review. We looked very carefully at all the recommendations, some of which we take on board and for others we are going to innovate in different areas. I will give one example. I suspect the hon. Gentleman’s constituents would want us to reform the system to stop foreign national offenders, whether they are living in Scotland or any other part of the UK, from frustrating deportation orders on the most flimsy, elastic grounds created by article 8. That is something we will do, and I think he should support it.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 9th November 2021 Commons Chamber

[Dominic Raab]

In addition to the spending review settlement and the employers’ summit, we are making sure that we design prisons the right way. I visited Glen Parva, one of the new state-of-the-art prisons that we are building with our £4 billion investment programme. It had in-cell technology to ensure that inmates can learn skills, particularly numeracy and literacy, and state-of-the-art workshops, so that not only can they get skills, but we can get employers in to get inmates into meaningful, purposeful work.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I absolutely welcome the recognition that employment is pivotal to rehabilitation, but why then the obsession with short prison sentences? What is the point of locking somebody up for one or two months, which achieves absolutely nothing but will often cost somebody a job and a chance of rehabilitation?

[Dominic Raab]

We think that justice must be served; punishment is important. The short sentences are often for those who have systematically flouted and breached community sentences. To cut crime, the answer is to make sure justice is served. As well as incarceration where that is required for the purposes of punishment, we work on drug rehabilitation, skills and employment so that those offenders who want to take a second chance to turn themselves around—not all of them will—have the opportunity to grasp it.

Afghanistan: FCDO Update

Debate between Stuart C McDonald and Dominic Raab

Monday 6th September 2021 Commons Chamber

[Dominic Raab]

My hon. Friend raises a good point. The Prime Minister has spoken to the UN Secretary-General, including on this, and I spoke to Jean Arnault, the special representative on Afghanistan. Without giving all the details, I can say that of course the relationship with the UN will be one of the critical factors we consider in shaping the resettlement scheme.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Government’s Nationality and Borders Bill would see hundreds, possibly thousands, of Afghan asylum seekers arriving in this country in the months ahead and being prosecuted in criminal courts and imprisoned for up to four years. How can the Foreign Secretary possibly justify that proposal?

[Dominic Raab]

We want to be a safe haven for those fleeing persecution, but we also want to encourage people to take legal and lawful routes, and that is why we have set them out. We do not want to encourage the kind of situation we see across the channel; we want to ensure that people come through the right channels. That is the right, balanced approach, and I think it is what our constituents would expect.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 24th November 2020 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

What recent assessment he has made of the (a) political and (b) security situation in the Tigray region of Ethiopia.

[The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)]

We are very concerned about the conflict in the Tigray region of Ethiopia, in terms of both the humanitarian impact and the risk of spill-over and spread through the region.

--- Later in debate ---

[Dominic Raab]

I thank my hon. Friend and pay tribute to the work that he has done in this regard. I share his concern. I spoke to Prime Minister Abiy on 10 November. We have made it clear that there needs to be a de-escalation of violence, humanitarian access and protection of civilians. Of course, there are also all sorts of regional implications, which is why I have also spoken to the Prime Minister of Sudan and the Foreign Ministers of Egypt and South Africa. This will require not only regional but international efforts to secure peace and protect the humanitarian plight there.

[Stuart C. McDonald [V]]

As the Foreign Secretary said, this conflict has implications for the whole region, including Somalia, with Ethiopian troops being pulled out of that country to be re-deployed to Tigray. Given reports that President Trump also intends to move troops out of Somalia, and given the threatening presence there of al-Shabaab and Islamic State, what discussions has the Foreign Secretary had with international partners about ensuring that Tigray does not end up helping to destabilise Somalia, too?

[Dominic Raab]

The hon. Gentleman is absolutely right. As my hon. Friend the Member for Tewkesbury (Mr Robertson) made clear, Ethiopia has been a relative success story lately, but there is a real danger for the people of Ethiopia and he has highlighted the risks of spillover to Sudan, Somalia and Eritrea, which will be very damaging not only for people in the region, but for wider equities. As I say, I have spoken to regional leaders. I will speak to the Deputy Prime Minister of Ethiopia soon. Of course, we will be engaging with the Americans. I was in Berlin talking with the E3 and our European colleagues. We have expressed our concern, and we are doing everything we can to bring peace and a de-escalation of the conflict.

Legal Aid

Debate between Stuart C McDonald and Dominic Raab

Wednesday 29th November 2017 Westminster Hall

[The Minister of State, Ministry of Justice (Dominic Raab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I pay tribute to the hon. Member for Glasgow North East (Mr Sweeney) for securing this debate and for his powerful, tenacious speech.

One thing we all agree on at least as a matter of principle, is that legal aid is a fundamental pillar of access to justice. Last year, the Ministry of Justice spent £1.6 billion on legal aid in England and Wales, which accounts for more than a fifth of the Ministry’s budget. The Government have a responsibility to make sure that those in the greatest hardship, at the times of greatest need, can secure access to justice, that the most vulnerable are catered for, and that the resources are made available to do that. That is a responsibility that we take very seriously.

As the hon. Gentleman will be aware, legal aid in Scotland is a devolved matter. I appreciate that in this debate he has not talked a lot about that. It is also devolved in Northern Ireland. I can address the provision of legal aid in only England and Wales, for which we are responsible. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) raised this in relation to spending, but I would note that the Council of Europe’s most recent survey post-LASPO found that spending on legal aid per person in England and Wales was the highest of all Council of Europe members. The hon. Gentleman quite fairly made the point that we have a different system from the one used in many parts of continental Europe. Of course, the Council of Europe survey also looks at the spending per capita in Scotland, and in England and Wales it is 13% higher. Neither he nor the hon. Member for Glasgow North East touched on that, for all their critique of the system in England and Wales.

[Stuart C. McDonald]

In fairness, I did touch on that by mentioning the fact that Alan Paterson highlighted the higher per capita spending in England and Wales compared with Scotland. He said that the reason for that was Scotland’s greater success in reducing the cost of courts, so the total bill was made smaller not by excluding folk from the scope of legal aid but by making courts less expensive to run.

[Dominic Raab]

I welcome the hon. Gentleman’s intervention and hope he accepts the figure showing that the spending in England and Wales per capita is 13% higher. I agree with him on a point that the hon. Member for Glasgow North East did not take up: this is not just about how much money is spent, but about how the resources are allocated. Indeed, the question of access to justice is broader than purely the administration or funding of legal aid, so on that point, I accept what he said.

In truth, the legal aid scheme has been the subject of regular change since its inception. Spending has increased substantially, and all Administrations—Labour, the coalition, and Conservative—have sought to exercise control over spending in recent times. I think we all agree that we need to exercise control over legal aid and other precious public services in order to ensure that the finite, precious resources go to those who need them most.

The most recent reforms were part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came in the context of huge financial pressure on the country’s finances. The reforms were founded on the principle of ensuring that legal aid continues to be available for the highest priority cases—for example, when an individual’s life or liberty is at stake, when someone faces the loss of their home, in domestic violence cases, or when children may be taken into care—and in achieving that, delivering better value for money for taxpayers by reducing the cost of the scheme and discouraging unnecessary litigation. Again, although this has not been mentioned today, in some cases—not all—going to court is not the right thing to do, and I will touch on that if I have time later.

I appreciate that the changes in LASPO were contentious. They were subjected to a significant amount of rigorous scrutiny at the time, as the hon. Member for Hammersmith (Andy Slaughter) said. They were debated extensively and amendments were made before the legislation was approved by Parliament. It has been several years since the implementation of those landmark reforms, so it is absolutely right to take stock. That is why we recently laid before the House a detailed, post-legislative memorandum summarising how LASPO was implemented and making a preliminary assessment of its impact. In addition, my predecessors made a commitment to the House to conduct a detailed post-implementation review of the changes to establish to what degree the reforms had achieved their objectives. It is right that we are now fulfilling that pledge.

As hon. Members have acknowledged, that appraisal will cover each issue that has been subject to a previous commitment by Ministers in this House. The Lord Chancellor recently announced the start of the process. That will be led by officials, but I am keen to listen to interested parties, including hon. Members from across the House. Given the importance of the reforms, it is right that we take time to gather the necessary evidence and views of experts on the impact of the changes.

The hon. Member for Westminster North (Ms Buck) asked me about the detail of the review. I will write to stakeholders shortly to invite them to participate in a series of expert panels to consider and sift through relevant evidence to inform our review, which will be comprehensive. I want to ensure that we get the review right. Of course, I will not pre-empt or prejudice the outcome of the review—I am sure she expected me to say that—but we will publish our findings by the summer recess. One or two hon. Members asked about that.

We must acknowledge that the financial pressures in which the LASPO reforms were introduced remain with us today. The proportion of departmental spend on legal aid remains broadly the same today as it was prior to 2010. We in the Government have the responsibility to ensure that taxpayers get the best value for money, as well as deal with the challenges and fixing the problems of the legal aid system as and when they arise.

That is why I recently announced our changes to the fee scheme for criminal litigators in the Crown court. Defence solicitors do incredibly valuable work and we want to remunerate them fairly for it, but since 2013-14 there has been a rise of more than £30 million in the annual spend on that work. That is primarily attributable to a costs judge ruling that changed what we were paying for beyond the initial policy intention. We do not accept that that reflects an increase in the work done by defence solicitors and do not think that the rise reflects value for money for taxpayers, so it is right that we acted to address that.

We have targeted the action to the 2% of Crown court cases—the most expensive cases—in which the problem was identified. Effectively, the change involves a shift in policy so that more remuneration is for work that is actually done and not just for the amount of paperwork that is produced in court. It is absolutely right that solicitors are properly paid for work that is reasonably done through the scheme. At the same time, as the quid pro quo for putting the proper reforms in place to ensure that the precious, finite resources go to those with the greatest need, we announced our intention not to pursue the suspended 8.75% fee cut, which would have affected all solicitors. Those two parts of the jigsaw will make sure that we get this right. As I mentioned, this is not just about the money that goes in, but about ensuring that we get the best use out of it.

The hon. Member for Westminster North raised the issue of domestic violence, as did the shadow justice Minister, the hon. Member for Ashfield (Gloria De Piero). Domestic violence is absolutely abhorrent; it appals every one of us in this place, I am sure, and it is an absolute priority for this Government. We are completely clear that genuine victims of domestic violence and abuse must have access to the help that they need, including access to legal aid. That is why we retained legal aid for protective injunctions. Legal aid was granted in more than 12,000 protective injunction cases last year. In addition, in cases involving child arrangements and financial matters, funding is available for those who will be disadvantaged by facing their abuser in court.

As the hon. Lady mentioned, we are considering the findings of the further internal review of the evidence requirements. I will make an announcement on that shortly, which I am confident—or at least, I hope—will receive support from all parts of the House. She also asked who would be consulted. That is of the greatest importance and we are working very hard to get this into the right kind of shape, engaging Rights of Women, Resolution, Women’s Aid and the Law Society, so that we can be confident that we are doing everything we can to protect and support genuine victims.

Although it is right to ensure that those who are most in need of legal aid are able to access it, we should acknowledge that the courts are not going to be the right solution in non-domestic violence cases in other areas. I am thinking particularly of some family law disputes, which the hon. Lady mentioned. In many family law cases, the challenge is to see them not go to court. I accept the point about mediation not being as successful as we had hoped, but the answer is to renew and revive the efforts to achieve greater use of alternative dispute resolution in some cases. That is not just because of the financial implications, but because of the trauma of going to court—not for lawyers, but for the many people affected by such cases. I think that needs to be emphasised.

We need to do more to promote alternative dispute resolution, so we have protected legal help in many cases. Last year, we spent £100 million on early legal advice and assistance in civil and family cases. In other areas, we have introduced a telephone helpline to provide legal advice in certain categories of case to allow individuals to access advice quickly and easily. Last year, there were more than 20,000 instances of advice being obtained usefully and helpfully through that system. We have also developed a user-friendly digital tool—as the world becomes more digital, it is right that the justice system strives to catch up—to make it clear to people when legal aid is available to them.

When an alternative route is more appropriate, people should feel empowered to pursue it without having to find a lawyer at great expense, whether that is to themselves or the taxpayer. For instance, in cases involving separating couples, mediation can be less stressful and quicker than going to court, and it is often far cheaper than using a lawyer. Critically, it can help to reduce conflict after separation and the trauma of that, often on both sides, which in some cases litigation will make worse, not better.

The Government are committed to promoting mediation and its benefits, and legal aid remains available for these cases. In the 12 months to June 2017, a full or partial agreement was reached in 62% of publicly funded cases in which both parties engaged in mediation. Of course, as hon. Members have mentioned, citizens can and do represent themselves in court, in some cases irrespective of whether legal aid is available or whether they are privately funded. Litigants in person are not a new feature of our justice system. People involved in litigation are engaged in a variety of disputes and have a wide range of needs and capabilities. We recognise that for some people, representing themselves in court is purely a matter of choice, but for others it can be very challenging and demanding.

Oral Answers to Questions

Debate between Stuart C McDonald and Dominic Raab

Tuesday 31st October 2017 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. Let us also not forget the advice of the former Lord Chief Justice, Lord Thomas, who made it clear in his evidence to the independent review of extradition that there were problems with the European arrest warrant. We have legislated for extra safeguards. We are ending the jurisdiction of the European Court, but there has been no suggestion that we are dispensing altogether with vital EU extradition—except, perhaps, as a figment of some of the furtive Liberal Democrats’ imaginations.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Surely the Minister can make it clear that the Government’s priority must be continued participation in the European arrest warrant and that that must come ahead of his obsession with ending the jurisdiction of the European Court of Justice.

[Dominic Raab]

I welcome the hon. Gentleman’s intervention, but I gently suggest that he read the position paper on the future partnership, which was published in September, because it deals directly with the question he has just asked and makes it clear that we do want to continue vital extradition relations with our EU partners.