Northern Ireland Protocol

Robert Buckland Excerpts

Monday 27th February 2023 Commons Chamber

[The Prime Minister]

I hope that the hon. Gentleman takes the time to study the deal in detail, and that he will see, after he has done that, that it delivers against the objectives that I set out, because it means that we can have smoothly flowing trade within our UK internal market; it means that we have protected Northern Ireland’s place in the Union; and it means that we have restored and safeguarded sovereignty for the people of Northern Ireland. I know that he shares those objectives; this agreement delivers them. I look forward to engaging with him and his colleagues as they study the detail, so that we can hopefully move forward together. I am confident that this is a good basis and a good agreement for the people of Northern Ireland.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend and the Government are to be warmly commended for their statecraft in achieving a significant deal with significant movement from the EU, which I think now understands the primacy of strand 1 of the Good Friday agreement—north-south—as well as strand 3, east-west. Does he agree that this framework now gives a clear basis in international law for the Government to press ahead in bringing forward some of the measures in the United Kingdom Internal Market Act 2020 that were clearly in conflict with the international law obligations under the old protocol?

[The Prime Minister]

My right hon. and learned Friend makes an excellent point. He will remember that the Government had to drop from the UKIM Bill certain provisions guaranteeing unfettered access for Northern Ireland producers into GB because they were in conflict with our international obligations under the protocol. I am pleased that today we can announce, as it states in the Command Paper, that we will legislate to put in statute unfettered access for Northern Ireland’s producers into Great Britain. That is something that the Windsor framework makes possible, and he is absolutely right to highlight it.

Illegal Immigration

Robert Buckland Excerpts

Tuesday 13th December 2022 Commons Chamber

[The Prime Minister]

As I said earlier, on the Conservative Benches we believe in sovereignty. When it comes to controlling our borders, we will of course act in line with our legal obligations, but we will do what must be done to fix the unfairness and make sure we stop illegal migration.

[Sir Robert Buckland (South Swindon) (Con)]

I commend my right hon. Friend for his practical approach to a problem that needs practical solutions. In urging him to press on with the work to improve the efficiency of the system, including the tribunal appellate system, I urge the Government to work with the tribunal procedure committee to reactivate the detained fast-track procedure, which has been suspended for seven years now. I think it could be a reasonable part of the solution to this problem.

[The Prime Minister]

My right hon. and learned Friend obviously has expertise on this issue. He is absolutely right about that process and the help that it can provide. He will be pleased to know that the Immigration Minister and the Attorney General met the authorities recently. We will look forward to taking forward his suggestions.

Oral Answers to Questions

Robert Buckland Excerpts

Wednesday 2nd November 2022 Commons Chamber

[The Prime Minister]

I am very proud of my record as Chancellor in this country. Perhaps the hon. Gentleman could talk to the 10 million people who had their jobs saved through furlough. Perhaps he could talk to the millions of those on the lowest incomes who benefited from the changes we made to universal credit. This will always be a fair and compassionate Government who have the most vulnerable at our hearts.

[Sir Robert Buckland (South Swindon) (Con)]

With only two out of 10 autistic adults currently in employment, it is clear that much more needs to be done to realise their potential. Will my right hon. Friend work with me to make sure that business and industry help to close that alarming employment gap?

[The Prime Minister]

My right hon. and learned Friend rightly champions this area and knows an enormous amount about it. I look forward to working with him closely to get his recommendations on how we and industry can improve the lives of those who need our help.

Bill of Rights

Robert Buckland Excerpts

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

I thank the hon. Lady, but clearly I disagree. First, no country has been more big-hearted when it comes to those fleeing persecution, from Hong Kong British nationals overseas to the 17,000 who were evacuated out of Afghanistan and the 125,000-plus visas in relation to Ukraine. The hon. Lady talks about standing up for those people; when our Prime Minister addressed the Ukraine Parliament, Union Jacks were flying and people were singing “God Save the Queen” in towns and villages across the country.

When it comes to protecting human rights, we should be big-hearted, but we should also stop the trade in human misery across the channel, which is a real threat to human rights. We should also make sure that we stand up for victims—the hon. Lady does not seem to care too much about that—in relation to the deportation of foreign national offenders. That is something that I think the people of Scotland, England, Wales and Northern Ireland all agree on. Why would the hon. Lady not support common-sense reforms and a rebalancing of the system to allow us to stand up for victims, stand up for the public and remove serious foreign criminals?

[Sir Robert Buckland (South Swindon) (Con)]

I welcome this statement, which builds on the work that I and Sir Peter Gross did with his important review. Sir Peter’s balanced committee did not say that all was well with the Human Rights Act 1998. There were issues to be dealt with, and in accordance with our manifesto commitment to update the Act, the Bill of Rights is timely. Does the Deputy Prime Minister agree that, over and above domestic action that we can take to reform and improve legislation, there is a strong case for international work to be done—on the same basis as the work we did in Brighton 10 years ago—in order to deal with issues such as extraterritorial jurisdiction? That is a common concern not just in this country, but among our judges and many other member states of the Council of Europe.

[The Deputy Prime Minister]

I pay tribute to my right hon. and learned Friend for the painstaking groundwork he did in the Ministry of Justice, and to Sir Peter Gross and his panel. All that work substantially influenced the shape of the reforms that we are able to announce today; they would not have been possible without the hard work that my right hon. and learned Friend put in. He is right to point to the 2012 Brighton declaration, because the Strasbourg Court under Róbert Spanó—its latest President, who is Icelandic—has talked about shifting from an age of a living instrument to an age of subsidiarity. People talk about our relationship, and it is important that we stick to the convention, but it is also important that the European Court follows its own strictures.

My right hon. and learned Friend mentioned extraterritorial jurisdiction. I will certainly follow up on his advice, as the issue is also addressed in the Bill of Rights. Again, I thank him for his contribution.

Adviser on Ministerial Interests

Robert Buckland Excerpts

Tuesday 21st June 2022 Commons Chamber

[Angela Rayner]

Absolutely. During Lord Geidt’s time as ethics adviser, he was swamped—swamped—with allegations of ministerial misconduct. During his session with the Public Administration and Constitutional Affairs Committee, referring to the ministerial code, Lord Geidt said that

“as you look through the calendar, a great deal of the year has potentially had the Prime Minister in scope.”

It is astonishing that we are in these circumstances, but we are where we are.

The Prime Minister’s official spokesperson has refused to confirm when the independent adviser will be replaced, or even if the independent adviser will be replaced at all. It is pretty clear that, if the Prime Minister had his way, he would dispense with the nuisance of transparency and the annoyance of accountability altogether.

[Sir Robert Buckland (South Swindon) (Con)]

I agree with the right hon. Lady about the need to appoint a new adviser but I have looked carefully at her motion, which talks about an adviser. What would the status of that adviser to the Committee be? Would they be an employee of this House? If they were an Officer of this House, there would be an obvious conflict between their duty to Parliament and any involvement they might have in Government affairs. Does she not see that that is quite a problem that needs to be addressed by her and the motion?

[Angela Rayner]

I do not see the wording of the motion creating a conflict or causing problems in that way. It will allow us to have the scrutiny and probity that we need, because the Government at the moment are not forthcoming in giving us the assurances that I have tried outside this place to get on whether we are going to get a new adviser. That is the thrust of what I am trying to do today. I can see that Members are passionate about this issue, and I am happy for them to work with us to try to get there. I am sure that my friend the Paymaster General would be willing to do that as well. We all want to see standards in public life, and Ministers of the Crown in particular need to have that authority when dealing with matters of office so that the public can have confidence in them. That is what this motion is about today.

--- Later in debate ---

[Michael Ellis]

I respectfully advise the hon. Gentleman to read the document he is quoting. First, those lines were only included in the foreword of the document since August 2019. They are still within the body of the document. What it says in the foreword is very often topical and should not be taken as inclusive of every item that follows in the substantive document.

[Sir Robert Buckland]

Further to that, are not the Nolan principles set out in annex A to the ministerial code? All this nonsense about their removal is factually wrong. However, will my right hon. and learned Friend commit today to do the process of the appointment of a successor to Lord Geidt as soon as reasonably practicable?

[Michael Ellis]

My right hon. and learned Friend is absolutely right about the code. I think it is annex A, and it may even be 1(c), although I may be wrong. The foreword is a topical document and how and by whom Lord Geidt is replaced are being worked through in detail.

The Government have only very recently made a number of significant changes to the remit of the independent adviser and to the ministerial code, and those changes were made in response to recommendations from the Committee on Standards in Public Life, as the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), mentioned only a few moments ago. They represented the most substantial strengthening of the independent adviser’s role and office during the lifetime of that post. The role has been strengthened and increased substantially. I will not run through all the details of those changes again. In the light of last week’s events, it strikes us as reasonable to not rush in, but pause and reflect on how to do it properly.

--- Later in debate ---

[Michael Ellis]

No.

The creation of an adviser with the power to initiate consideration of a potential breach of the ministerial code is different, and we can safely predict it would open the door to a wave of frivolous and vexatious complaints. We have to think about that and the reputation of this House because, now and across all future Administrations, there would be no downside in political opponents throwing in complaints like confetti. The Opposition of the day would not face tit-for-tat complaints, because they are not Ministers.

As we saw with the failed Standards Board for England in local government, a culture of petty complaint would undermine not strengthen confidence in democracy, which is precisely why such arrangements need to be thought through, to consider and avoid the unintended consequences that will ultimately afflict both sides of the House.

[Sir Robert Buckland]

My right hon. and learned Friend is being generous in taking interventions. I agree about the importance of balance between the Executive and the legislature. May I press him on the need for a mechanism to appoint a successor to Lord Geidt? I understand that he cannot give us dates or commitments, but can I have an assurance that a successor will be appointed as soon as practicable?

[Michael Ellis]

What I can say to my right hon. and learned Friend is that the matter is being given very careful and full consideration. I hope that answers the point.

Sue Gray Report

Robert Buckland Excerpts

Wednesday 25th May 2022 Commons Chamber

[The Prime Minister]

The right hon. and learned Gentleman should at least be consistent, and hold himself to the same standards. He is still there, and so is the deputy Leader of the Opposition.

I apologised when the revelations emerged, and I continue to apologise. I repeat that I am humbled by what has happened, and we have instituted profound changes throughout No. 10, but in view of the mess in which the right hon. and learned Gentleman has found himself, it would now be sensible for him, too, to apologise, so that we can all collectively move on. That, I think, is what the people of this country want to see above all. They want to see leadership from this House of Commons, and leadership from both parties, in dealing with their priorities. That is why we are focused on getting through the aftershocks of covid, that is why I am proud of what we did to roll out the fastest vaccine campaign in Europe, and that is why I am proud that we now have the lowest unemployment in this country for 50 years. That is what the people of this country want. I appreciate that the right hon. and learned Gentleman has his points to make, but I think that, overwhelmingly, the will of this country is for us now to say thank you to Sue Gray and for us collectively to move on.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend well knows that the rules apply to him as much as to all of us, and the rules of this House make clear that anyone who comes here and deliberately lies and misleads the House should leave their position, resign or apologise. My right hon. Friend has been asked many times about specific incidents and events that Sue Gray has outlined. Has he on any occasion come to the House in response to specific questions about specific events, and deliberately lied to us?

[The Prime Minister]

No, Mr Speaker, for the reason I have given: that at the time when I spoke to this House, I believed that what I was doing was attending work events, and, with the exception of the event in the Cabinet Room, that is a view that has been vindicated by the investigation.

Oral Answers to Questions

Robert Buckland Excerpts

Wednesday 20th April 2022 Commons Chamber

[The Prime Minister]

I understand the feelings of the hon. Lady’s constituents and I continue to express my apologies for the FPN that I received, but the Government will get on with tackling the issues that face this country and delivering for the British people. That is my priority.

[Sir Robert Buckland (South Swindon) (Con)]

Like many others across the country, one of my constituents has been helping directly with the humanitarian effort in Ukraine and the region. He received the most troubling message from a resident of the city of Kherson only days ago, which said that

“there are no green corridors for evacuation. People are trying to flee the city at their own risk, under fire. The Russians are living in our homes, they are plotting terror, robbing, harassing, kidnapping and killing our people, doing whatever they want.”

What more can my right hon. Friend and the international community do to ensure that Putin and those who do his bidding are brought to justice for their crimes?

[The Prime Minister]

My right hon. and learned Friend makes an incredibly important point. The savagery that the Russians are unleashing on Ukraine knows no limits and is clearly authorised from the very top. He asks what more we can do. What we need to do is make it clear to serving officers in the Russian forces that if we can proceed with the international criminal prosecutions that we want to see, they will eventually face justice in the way that those who participated in massacres in Bosnia faced justice in the past. I hope that that will have a chilling effect on their current appalling conduct.

Oral Answers to Questions

Robert Buckland Excerpts

Wednesday 30th March 2022 Commons Chamber

[The Prime Minister]

No, we are absolutely dedicated to levelling up across our entire country and making sure that we reduce poverty. That is why I am proud that there are now half a million fewer kids actually in workless households, 200,000 fewer kids—200,000 fewer—in poverty and 1.3 million fewer in absolute poverty. The way we have done that is by helping people into work, and we are going to go further—investing in more work coaches, and massively increasing our training budget so that people get the skills that they need. That is our approach—helping people by getting them into work.

[Sir Robert Buckland (South Swindon) (Con)]

Today’s announcement by our serving United Kingdom judges of their withdrawal from the Hong Kong Court of Final Appeal is now the right decision, and I support it, as does my right hon. Friend. Does he agree with me that, on this sad day for the people of Hong Kong and at a time when the international rule of law is under unprecedented challenge, it is for us here in Britain to stand up for what is right, to be resolute in the face of tyranny and to make sure that the international rules-based order is defended at every opportunity?

[The Prime Minister]

I thank my right hon. and learned Friend. I know how passionately he has campaigned on this issue. I also thank the judges in Hong Kong’s court for everything that they have been doing. Evidently, they have concluded that the constraints of the national security law make it impossible for them to continue to serve in the way they would want. I appreciate and understand their decision. It is vital that we all continue to make our points to the Chinese, as I did in my conversation with President Xi the other day, about freedom in Hong Kong and the treatment of the Uyghurs. We will continue to do that.

Strategic Lawsuits Against Public Participation

Robert Buckland Excerpts

Thursday 17th March 2022 Commons Chamber

[Dominic Raab]

I thank the hon. Lady for her thoughtful and cogent statement, intervention and set of questions. I point out to her that we are dealing with the tier 1 visa, and the sanctions regime, both in the number of people and entities, plus the scope—I think it is now at $45 billion—demonstrates what we are doing on that front. The substantive proposals are all set out in the call for evidence, which is available in the House. She will find all the answers. I think it will be a combination of things. There are regulatory matters through the SRA regime that we want to look at, particularly around the ethics for solicitors, where there will be elements of perhaps secondary legislation. When we are dealing with libel law and the Defamation Act 2013, it will require changes to primary legislation, but I do not want to pre-empt the outcome of the call for evidence.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend is absolutely right to identify what has been a stunningly quick recent phenomenon, bearing in mind the exponential increase in cases in the past year alone. I am grateful to my hon. Friend the Member for Isle of Wight (Bob Seely) for discussing this matter with me when I was in office. We could see this trajectory rising at an alarming rate. The Secretary of State is absolutely right now in his consultation to build on the work we did in the Defamation Act 2013, where we raised thresholds to bring libel cases, and strengthening the public interest defence is absolutely the right way to go. Will he undertake to look not only at this phenomenon, but other areas where we see individuals or groups bringing cases purely on the basis that they wish to get disclosure or information from Government that is designed to make some sort of political or power point, as opposed to wanting the merits of the case dealt with by a court?

[Dominic Raab]

I pay tribute to all the work that my right hon. and learned Friend did in his tenure as Justice Secretary. He and I have looked at various things in this House together over many years, and the one thing we have always agreed on is the primacy of free speech. It is not entirely unqualified—libel laws are there for a reason—but he is absolutely right that the quintessential British liberty that guards all the others is freedom of speech and expression. However troubling it may be for politicians to have the journalistic scrutiny, rigour and all that, we understand in our hearts that it is critical to a healthy, vigorous democratic society, and I will certainly look at any other examples that he may wish to raise where we see this kind of legalised bullying through the courts and our jurisdiction.

Legal Aid

Robert Buckland Excerpts

Tuesday 15th March 2022 Commons Chamber

[Dominic Raab]

We will take no lectures from the hon. Gentleman given that he was there at the time that Labour was planning those swingeing cuts and, indeed, he backed them. Only now, when we have had to deal with the financial consequences of the economic mess that the last Labour Government left behind and put ourselves on a sustainable footing with the biggest investment in legal aid for a decade, he is complaining.

The Crown court backlog and the magistrates court backlog are coming down. Again, I did not hear from him a clear statement that strike action would be not only unwarranted but the last thing we need as we build back and recover in our Crown courts and magistrates courts.

[Sir Robert Buckland (South Swindon) (Con)]

I welcome my right hon. Friend’s statement. I am glad that he has followed the excellent recommendations of Sir Christopher Bellamy and I am glad to see the work that I started coming to fruition. He is right to draw a contrast between the approach and language in the Bellamy report and some of the hostile environment, frankly, that the criminal Bar had to put up with under the last Labour Government, which I remember very well. I also commend the raising of the threshold on civil legal aid, which will be one of the single biggest extensions of eligibility that we have seen in many a year. May I press him on the consultation period? I agree that he is absolutely right to follow public law principles, but I suggest that a slightly shorter period of eight weeks followed by an SI could deliver the necessary changes in an even shorter time.

[Dominic Raab]

I pay tribute to the huge amount of work that my right hon. and learned Friend did, which I was fortunate to inherit, before we came forward with our proposals. I agree with much of what he has said and done in this area. He is right to talk about the environment and the climate within which we talk about lawyers, because it was of course under the last Labour Government that they named and shamed lawyers for earning too much in fees. [Interruption.] The hon. Member for Hammersmith (Andy Slaughter) is chuntering from a sedentary position, but he is guilty of doing exactly that under the last Labour Government. We have not done that; we have engaged in a sober and sensible way because we understand the value of the legal profession, both barristers and solicitors.

I understand my right hon. and learned Friend’s call for a slightly shorter consultation period but, given the legal risk that I have been advised on, shortening it from 12 weeks to eight weeks does not seem the right thing to do. The consultation period is there not just as a legal matter but to ensure that we can tease out all the detail of the reforms, such as the implications of the fees and of the wider systemic reforms that we are introducing. It is right to take that time and I cannot see how a difference of four weeks can justify strike action in this case.