Sentencing White Paper

Debate between Robert Buckland and Desmond Swayne

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

The hon. Member is to be applauded for his work on that important legislation. Our commitment to double the maximum term is set out in the White Paper, and that is what we will do. He is right to talk about prosecution and practice within the courts and our magistrates system. I do not know about the road to Damascus, but I have been on the road to Tonypandy in his constituency quite a few times, and I know what his constituents would say to me. They would expect prison officers, police officers and blue light workers to have that protection. Let us not forget that it is not just about the provisions in that Act; it is about the law on assault generally and the aggravated circumstances that a court can take into account in increasing sentences, but he makes a powerful point.

[Sir Desmond Swayne (New Forest West) (Con)]

I hope my right hon. and learned Friend keeps his balance, but will he address eye-watering costs such as the £456,000 clocked up by Andrew Harper’s killers? That cannot be right, can it?

[Robert Buckland]

My right hon. Friend knows that everybody in this country is equal before the law, and fair trials have to happen. Legal costs are, of course, paid to the people who represent criminals or accused people. I take his point about ensuring that our legal aid system is efficient and that money is not wasted, but the fundamental principle of the right to a fair trial is something that I will defend and that I think he would agree with as well.

Terrorist Offenders (Restriction of Early Release) Bill

Debate between Robert Buckland and Desmond Swayne

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

My right hon. Friend speaks with particular personal experience of the Bali atrocity, and he is right to talk about the long-term nature of the threat, but it is a threat that changes and evolves, and this Government will be as fleet of foot as possible in responding to it. He will be glad to note that we are working at pace to deal with and remove inappropriate and hateful online content. The Home Secretary is by my side today to emphasise, in the most eloquent possible way, the joint approach that she and I, and our respective Departments—together with the security services and the police—are taking with regard to the first duty of Government: protecting the public. It is a grave responsibility from which we will not shirk, and we say that enough is enough.

[Sir Desmond Swayne (New Forest West) (Con)]

I am very glad about the tone my right hon. and learned Friend is taking. Were this measure to be challenged in our courts and the Government were to lose, that would be merely declaratory. But if it made its way to the European Court of Human Rights in Strasbourg and the Government were to lose there, the ministerial code would require him to abide by treaty law. Would he then entertain the prospect of a derogation from the convention on human rights?

[Robert Buckland]

I believe that the declaration that I make on the front of the Bill speaks for itself—

Oral Answers to Questions

Debate between Robert Buckland and Desmond Swayne

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

I can confirm that this Government, like their predecessors and, I hope, successors, will continue to respect and obey the law, and respect the rule of law.

[Sir Desmond Swayne (New Forest West) (Con)]

Might my right hon. and learned Friend honour his oath by restoring the proper role of his office in the other place?

[Robert Buckland]

My right hon. Friend tempts me along the path of debate about the constitution, and in particular the Constitutional Reform Act 2005. While I am always keen to engage in academic constitutional debate, we have many other fish to fry at the moment.

Oral Answers to Questions

Debate between Robert Buckland and Desmond Swayne

Thursday 11th April 2019 Commons Chamber

[The Solicitor General]

The hon. Gentleman is right to raise this deeply concerning issue. I am happy to report that there have been a number of successful prosecutions of gangs who engage in this despicable and criminal behaviour. That is as a result of a change of culture that means the victims of these crimes are taken far more seriously than they were even a few years ago. So there is progress.

[Sir Desmond Swayne (New Forest West) (Con)]

3. If he will make an assessment of the effect of social media on the administration of justice.

[The Solicitor General (Robert Buckland)]

The response to the call for evidence on the impact of social media on the administration of justice was published on 5 March this year. We concluded that, whereas at present social media are not having a widespread impact on the trial process, this may not remain the case if the issues identified are not addressed. The Government are responding in a number of ways, including a new gov.uk webpage to support the public in understanding how they can responsibly comment on criminal trials in social media.

[Sir Desmond Swayne]

Do users, who appear to have an opinion on everything, have any idea what the law actually is?

[The Solicitor General]

I do sometimes wonder. It should be as plain as a pikestaff to anyone that the criminal trial process has to have integrity and be based on the evidence heard in court. That is why the new contempt online webpage sets out clear and accessible information for the public on what might be considered contempt. I reassure my right hon. Friend that the law officers take robust action where there is evidence of contempt.

Northern Ireland Backstop

Debate between Robert Buckland and Desmond Swayne

Tuesday 19th February 2019 Commons Chamber

[The Solicitor General]

Without going through the detail of the protocol, the hon. Gentleman knows that the particular construct of the protocol meant that, for certain items of trade, Northern Ireland was treated as a member of the single market. There would be an effective border if Great Britain changed its rules and there was a difference between the two. That is not our intention. I need not recite the matter any further. He knows that that is one reason why we have been looking carefully again at the backstop bearing in mind the decisions made by this House. It is time for him to come forward, be a statesman and vote for the deal.

[Sir Desmond Swayne (New Forest West) (Con)]

Does this speech by the Attorney General include the assessment that the one thing worse than the backstop would be staying in the EU?

[The Solicitor General]

I have not yet read the speech, so it would be wholly premature of me to assume what my right hon. and learned Friend, with great style no doubt, will dilate upon.

Oral Answers to Questions

Debate between Robert Buckland and Desmond Swayne

Thursday 31st January 2019 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he has had discussions with the Secretary of State for Justice on reforms to the oversight of solicitors.

[The Solicitor General (Robert Buckland)]

I have had regular meetings with the Secretary of State for Justice, in which we have discussed a range of policy matters including regulation of the legal professions. Legal services in England and Wales are independently regulated in accordance with the framework set out in the Legal Services Act 2007. Solicitors are regulated by the Solicitors Regulation Authority, which prosecutes solicitors and firms where necessary.

[Sir Desmond Swayne]

If the SRA cannot and will not compensate the EcoHouse investors, it is ripe for reform, is it not?

[The Solicitor General]

My right hon. Friend tempts me down a path leading to the SRA’s discretion with regard to compensation. I am grateful to him for raising an important issue that concerns many colleagues in the House. I think it best that we take these matters up not just with the Ministry of Justice, but with the SRA itself.

Oral Answers to Questions

Debate between Robert Buckland and Desmond Swayne

Thursday 13th December 2018 Commons Chamber

[The Solicitor General]

The CPS in Northamptonshire and the east midlands, like in all other regions, acknowledges that it should never rest on any laurels it might gather. I urge my hon. Friend to meet the chief Crown prosecutors and staff to focus on particular areas where he thinks the CPS in Northamptonshire and the east midlands needs to make progress. Recent quarterly and monthly figures show that in many areas, such as burglary, it has been above average, but I am sure it would welcome his constructive input.

[Sir Desmond Swayne (New Forest West) (Con)]

8. What recent assessment he has made of the effectiveness of the CPS in prosecuting crimes involving corrosive substances.

[The Solicitor General (Robert Buckland)]

Corrosive substance attacks are unacceptable. There is no place in society for these horrendous crimes. Last month, the CPS successfully secured the conviction of nine men for carrying out a violent attack in which a corrosive substance was squirted at bystanders who tried to stop an assault in the street.

[Sir Desmond Swayne]

What account is taken of gangs in this context?

[The Solicitor General]

My right hon. Friend is right to raise the sad connection with gang offending. Sadly, corrosive substances are sometimes used as weapons by gangs in retribution and as a means of enforcement. The CPS guidance identifies that phenomenon and encourages prosecutors to apply for criminal behaviour orders to prevent such gang-related offending.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Desmond Swayne

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

Thank you, Mr Speaker. The Attorney General will come to the House on the next sitting day, and he will make a full statement and answer questions from hon. Members across the House. It might then be for the House to judge whether the Government have discharged their obligations consistent with the Humble Address, but not before.

[Sir Desmond Swayne (New Forest West) (Con)]

Who needs legal advice to know a trap when they see one?

[The Solicitor General]

My right hon. Friend makes the important point that, ultimately, the decision for this House and the motions on which it will vote are political matters, and to try to dress them up in legalese and as legal matters does not help anyone.