Oral Answers to Questions

Jeremy Wright Excerpts

Thursday 22nd March 2018 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

3. What assessment he has made of the potential effect of the UK leaving the EU on the operation of legal systems in England, Northern Ireland, Scotland, and Wales.

[The Attorney General (Jeremy Wright)]

The Government have introduced the European Union (Withdrawal) Bill to provide for legal continuity when the UK leaves the EU. The Bill minimises disruption to each legal system by preserving current EU rules and conferring powers on UK and devolved Government Ministers to make necessary corrections to those rules. Once we have left the EU, it will be for Parliament and the devolved legislatures to decide whether it is appropriate to make changes to the retained EU rules that operate in each legal system.

[Alison Thewliss]

The Prime Minister has made a number of concessions regarding the jurisdiction of the European Court of Justice after Brexit. Given that the Scottish Government’s EU continuity Bill provides that, when exercising devolved jurisdiction, Scottish courts may have regard to the decisions of the ECJ, is it not time to amend clause 6 of the European Union (Withdrawal) Bill to the same effect?

[The Attorney General]

As the hon. Lady says, the Government have been realistic about the degree to which our courts are likely to look at the jurisprudence of the Court of Justice of the European Union, at least until the point at which our law starts to diverge from what will then be European Union law. As I understand it, there was a constructive debate yesterday on clause 11 of the withdrawal Bill in the other place. I hope very much that we will make further progress and that the Scottish National party will engage in that with the proper spirit.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Attorney General agree that one of the advantages of coming out of the European Union superstate in just over 365 days’ time is that decisions will be made by not a foreign court, but our Supreme Court?

[The Attorney General]

My hon. Friend is right. One of the things that we rather suspect led a great number of our fellow countrymen and women to vote for European Union exit was exactly that prospect.

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

My hon. Friend the Member for Glasgow Central (Alison Thewliss) asked the Attorney General to comment on clause 6 of the EU (Withdrawal) Bill. It is not just the Scottish Parliament that thinks that clause 6 is inadequate. Yesterday, the President of the United Kingdom Supreme Court told the House of Lords Constitution Committee that clause 6 as it stands is “very unhelpful” and that it could leave the judiciary at risk of

“appearing to make a political decision”.

What is the Attorney General going to do to address not just the concerns of the Scottish Parliament, but those of the President of the UK Supreme Court?

[The Attorney General]

We are already doing a great deal to attempt to reassure the judiciary. The hon. and learned Lady is right to say that yesterday Baroness Hale raised, as others have done before her, concerns that the judiciary have expressed about being put in a position where they are expected to make a political judgment. That is not the Government’s intention. We do not expect judges to make political judgments. Indeed, we absolutely want them not to do that. We do want them to be able to interpret the law as it will stand post exit, with all the necessary guidance we can give them. We will continue to work with them to provide the necessary clarity

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

5. What discussions he has had with Cabinet colleagues on the application of the rule of law to cyber-activities.

[Mary Robinson (Cheadle) (Con)]

8. What discussions he has had with Cabinet colleagues on the application of the rule of law to cyber-activities.

[The Attorney General (Jeremy Wright)]

Cyber-space is not a lawless world. When states and individuals engage in hostile cyber-operations, they are governed by the law, just as they are elsewhere. The UK has always been clear that we consider cyber-space to be governed by the wider rules-based international order that we are proud to promote.

[Mrs Badenoch]

What actions can we take against those countries that we know are carrying out hostile actions in cyber-space?

[The Attorney General]

Many states accept that international law covers cyber-space. In June 2015, there was a decision by 20 United Nations states to confirm that. Interestingly, one of those 20 states was Russia. Our argument, therefore, is that if there is an internationally wrongful act against the UK in cyber-space or anywhere else, the UK is entitled to respond.

[Mary Robinson]

In confirming that the UN charter also applies to state actions in cyber-space, will the Attorney General also confirm that that includes the prohibition on the use of force?

[The Attorney General]

Yes, I can. The UN charter applies in its entirety to cyber-space, including the general prohibition on the use of force and the ability of states to defend themselves.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

rose—

--- Later in debate ---

[The Attorney General]

The hon. Gentleman will know from what the Prime Minister said yesterday that the Information Commissioner is already engaged in an investigation. It is important that she has the powers to investigate properly, and the Data Protection Bill, which was referred to previously, will give additional force to that.

[Jim Shannon]

A C1 cyber-attack is a matter of when, not if. Will the Attorney General outline the steps his Department is taking to protect the masses of digital personal information files held, and are there plans to upgrade this protection?

[The Attorney General]

I fear that that needs more than a one-sentence answer. The hon. Gentleman will recognise that it is certainly a responsibility not just of the Government, but of each of us, to ensure that data on organisations and individuals is as well protected as it can be.

[Mr Speaker]

Extreme brevity is now required.

--- Later in debate ---

[Jo Stevens (Cardiff Central) (Lab)]

7. What recent discussions he has had with Cabinet colleagues on the resources available to the CPS to fulfil its disclosure obligations.

[The Attorney General (Jeremy Wright)]

The Director of Public Prosecutions has made it clear that the disclosure problems we have been seeing are not caused by resource issues. The challenges are broad and stretch across the criminal justice system, which is why I am pleased that the police and the CPS have come together to take forward their national disclosure improvement plan. As the hon. Lady knows, I am also undertaking a wider review of disclosure, which aims to report by this summer.

[Jo Stevens]

With so much communication on digital platforms, disclosure is becoming more time-consuming, and without proper resources we cannot have an effective disclosure process. What is the Attorney General going to do about it?

[The Attorney General]

The hon. Lady is right. In essence, two sets of problems are occurring with disclosure. One is in relation to so-called acquaintance rape cases where, frankly, information that should be disclosed and identified simply has not been. The other set of cases involves exactly the issue she raises: very large quantities of digital material. We have to find smarter ways to analyse and winnow such information so that the right things are disclosed. That is exactly the sort of thing my review will look at.

[Hannah Bardell (Livingston) (SNP)]

9. What assessment he has made of the potential effect of the UK leaving the EU on the protection of human rights in the UK.

[The Attorney General (Jeremy Wright)]

The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically and of fulfilling its international human rights obligations. That will remain true when we have left the European Union.

[Hannah Bardell]

The Scottish Government’s continuity Bill incorporates the charter of fundamental rights into Scots law in so far as it applies to devolved matters. What are the UK Government doing to make sure that everyone in the UK keeps the rights protected by the charter, regardless of where they live in the UK?

[The Attorney General]

The hon. Lady needs to recognise that the charter of fundamental rights is an EU document—it applies to member states’ application of EU law. When we are no longer members of the EU, it does not make much sense for us to continue to adhere to it. On the substance of her point, the Government have been very clear that we will protect the substantive rights in other places, as we already do to a very large degree through domestic law, the European convention on human rights and in other ways.

[John Howell (Henley) (Con)]

10. What steps the CPS is taking to increase the effectiveness of prosecutions for crimes against disabled people.