Oral Answers to Questions

Debate between Joanna Cherry and Elizabeth Truss

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right. This is a vital issue for our fantastic legal services profession—four of the top 10 international law firms are headed in the UK. I said this week at a joint meeting with the Lord Chief Justice and members of the legal profession that mutual enforcement of judgments will be a key part of our Brexit negotiations.

[Joanna Cherry (Edinburgh South West) (SNP)]

Civil and criminal justice are devolved to the Scottish Parliament. Does the Secretary of State for Justice agree with the conclusions of the first report of the Exiting the European Union Committee that the great repeal Bill must be dealt with in a way consistent with the existing devolution settlement, and does she accept, therefore, that the legislative consent of the Scottish Parliament to the great repeal Bill will be required?

[Elizabeth Truss]

I look forward to meeting the hon. and learned Lady to discuss the issues of the devolved Parliament. The Prime Minister has been clear that she wants to strike a bespoke Brexit deal that works for the whole UK.

[Joanna Cherry]

Because civil and criminal justice are devolved, the triggering of article 50 will have major implications for the rights and freedoms of people in Scotland. Does the Secretary of State accept, therefore, that the Sewel convention will be engaged, and does she agree with the Supreme Court’s judgment this morning that the Sewel convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislature?

[Elizabeth Truss]

As I said, the Prime Minister and the Secretary of State for Exiting the EU are working closely with the Scottish Government, and the Government have been clear that they will respect the decision of the Court this morning.

Oral Answers to Questions

Debate between Joanna Cherry and Elizabeth Truss

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. As I said last month, the Supreme Court justices are people of great integrity and impartiality.

[Joanna Cherry (Edinburgh South West) (SNP)]

In response to the constitutional change brought about by devolution, the renowned international jurist, the late Professor Sir Neil MacCormick, stressed the importance of the principles that justified judicial independence and the concept of the separation of powers. As the United Kingdom once more faces major constitutional change after the EU referendum, will the Justice Secretary join me in reaffirming the importance of those principles?

[Elizabeth Truss]

I absolutely will. The independence of the judiciary is a vital part of our free society, as is our free press. Both those things are important. We have seen over the last months that we have a robust independent judiciary and a robust free press, which I look forward to discussing with the hon. and learned Lady very soon.

[Joanna Cherry]

In recent years, it has become commonplace for some Conservative Members to deprecate the judges of the European Court of Justice and the European Court of Human Rights simply for doing their job. Does the Lord Chancellor agree that such scant respect for the rule of law has encouraged a climate in which a major tabloid, which I believe some people call a newspaper, thinks it is appropriate to describe justices of our own Supreme Court as “enemies of the people”?

[Elizabeth Truss]

I have been very clear that the independence of the judiciary is a vital part of our rule of law. As my right hon. and learned Friend the Minister for Courts and Justice has just said, it is important for the UK that British courts make those decisions, and that is precisely what we are going to achieve.

Oral Answers to Questions

Debate between Joanna Cherry and Elizabeth Truss

Tuesday 6th September 2016 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right: human rights were not invented in 1998 with the Human Rights Act. We have a strong record, as a country, of human rights, dating back to Magna Carta, and the British Bill of Rights is going to be the next step in enshrining those rights in our laws.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I welcome the Secretary of State to her new role and say that while, of course, it is not a prerequisite for the person in her role to be a lawyer, she will no doubt wish to listen carefully to any legal advice she receives about any proposals to reform the law?

There is almost universal opposition to the repeal of the Human Rights Act in Scotland; this is reflected in the Scottish Parliament and across Scottish civic society. On 11 August, I wrote to the UK Government seeking clarification of their plans for so-called reform of the Human Rights Act, following press reports. I have yet to receive a substantive response. At what stage in her plans will the Secretary of State seek to consult the Scottish Government, and can she confirm that she will listen to and respect their answer?

[Elizabeth Truss]

I have already had a number of legal meetings about this issue, and I am sure I will enjoy working with the legal profession in my role. The Prime Minister has already had a very good meeting with the First Minister of Scotland. I will be meeting the Scottish Justice Minister shortly to discuss a number of issues.

--- Later in debate ---

[Joanna Cherry]

I was rather hoping to have a second bite of Her Majesty’s Government, Mr Speaker.

If the Secretary of State has been having legal meetings about the Human Rights Act, she will have been advised that human rights are not a reserved matter and that therefore the Scottish Parliament must be consulted regarding any legislation with regard to human rights. During the independence referendum, Scotland was told that it was an equal partner in this Union. Does she appreciate that to proceed with repeal of the Human Rights Act across the UK would fly in the face of that promise and exacerbate the democratic deficit that already exists in Scotland, where a Tory Government we did not vote for are planning to take us out of the European Union against our will?

[Elizabeth Truss]

I would point out that this was in the Conservative party manifesto and we secured a majority at the general election. As I said, I will be in touch with the Scottish Justice Minister; I look forward to talking to him about this subject.