Oral Answers to Questions

Debate between Victoria Prentis and Stuart C McDonald

Thursday 25th May 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

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

The Attorney General will know that concern has been expressed on both sides of the House that the Bill will make it even harder to successfully prosecute traffickers. In short, that is because victims will not come forward if it simply means they are going to be detained and then removed to Rwanda. What is the Attorney General going to do about that?

[The Attorney General]

I am sorry, but once again, I cannot go into the content of any legal advice that might have been given. I would, however, refer the hon. Gentleman to the explanatory notes that accompany the Illegal Migration Bill, which set out the circumstances in which ECAT is operating at the moment.

Oral Answers to Questions

Debate between Victoria Prentis and Stuart C McDonald

Thursday 30th March 2023 Commons Chamber

[The Attorney General]

Well, Madam Deputy Speaker, I assure the right hon. Gentleman that the admiration is entirely mutual. I also assure him that I heard very recently the Prime Minister, from this Dispatch Box, assure the House that it is the Government’s policy to remain a signatory to the ECHR.

[Stuart C. McDonald]

Articles 12 and 13 of the trafficking convention require states to support a trafficking victim’s physical, psychological and social recovery, including through a rest and recovery period, but clauses 22 and onwards of her Government’s awful Illegal Migration Bill expressly deny trafficking and slavery victims access to such support. I too have a lot of respect for the Attorney General, but she will lose support and respect if she continues to allow that Bill to proceed in blatant breach of the trafficking convention.

[The Attorney General]

As I have said, all lawyers have a duty of confidentiality to their clients and I am simply not permitted to tell the hon. Gentleman, or indeed anybody else, what legal advice has been shared between our office and that of the Government. The use of the Human Rights Act 1998 section 19(1)(b) statement does not mean that the Bill breaches the ECHR. It just means that the Home Secretary cannot state that the Bill is more likely than not compatible with convention rights. If legal challenges are made, we will take all steps to defend our position in court.

Oral Answers to Questions

Debate between Victoria Prentis and Stuart C McDonald

Wednesday 1st February 2023 Commons Chamber

[The Attorney General (Victoria Prentis)]

As I said earlier, by convention, information on whether the Law Officers have been asked to provide advice and the content of such advice are not disclosed outside Government. That convention enables candid legal advice to be given.

[Stuart C. McDonald]

Why was the prospect of a section 35 order not raised at any time before the Gender Recognition Reform (Scotland) Bill was overwhelmingly passed by the Scottish Parliament? What alternatives did the Attorney General look at? When will she set out the changes to the Bill that she wants to see before the Government would revoke the section 35 order? Those are simple questions. If she cannot answer them, all we can conclude is that the Government have lost their last shred of respect for the Scottish Parliament.

[The Attorney General]

That would be absolutely the wrong conclusion to draw. The Attorney General’s convention is clear: the UK Government respect the Scottish Parliament’s ability to legislate within its competence on devolved areas. The Government are committed to working with the devolved Administrations and strengthening the Union of the UK.