Commons Sense

House of Commons · Ministers' Questions

The Rule of Law

Tuesday 3 November 2020 · 7 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 6 Not answered 0

Key points

  • The Minister does not disclose details of private conversations with Cabinet colleagues but affirms commitment to supporting the rule of law.
  • The Minister publicly stated steadfast support for the legal profession in response to criticism from senior legal figures.
  • The Minister emphasized the need to defend the judiciary and independent legal profession without disclosing specific discussions with Cabinet colleagues.

Topics (select to filter)

Questions & Answers

Q1 John Nicolson SNP
Democracy & Elections
Context

Discussions on upholding the rule of law have been ongoing among Cabinet members.

Question

What discussions has he had with Cabinet colleagues regarding upholding the rule of law?

Answer from Robert Buckland

Naturally, I do not disclose the details of private conversations I have with Cabinet colleagues, but they should be in no doubt that I am committed to supporting the rule of law and will use my authority to advise, warn and encourage.

Partly answered

Not addressed: Details of specific discussions were not disclosed

How: I Do Not Disclose Details

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Q2 Alison Thewliss SNP
Democracy & Elections
Context

A letter signed by over 800 legal figures criticized the Prime Minister and Home Secretary's attacks on the legal profession, undermining the rule of law.

Question

Has he read a letter from senior legal figures stating that attacks on the legal profession undermine the rule of law? If so, did this make things unacceptable?

Answer from Robert Buckland

The hon. Lady is eliding two issues and I hope inadvertently. When it comes to defending the legal profession, I have publicly stated my steadfast support for the profession.

Partly answered

Not addressed: Specific reaction to letter was not addressed

How: I Do Not Disclose Details, Eliding Issues

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Q3 John Nicolson SNP
Standards & Ethics
Context

Former Supreme Court Justice Lord Dyson and the former Director of Public Prosecutions criticized the Government's rhetoric as irresponsible, dangerous, and undermining the rule of law.

Question

What discussions has he had with Prime Minister and Home Secretary regarding serious allegations from senior lawyers?

Answer from Robert Buckland

I do not disclose details of discussions I have with Cabinet colleagues. However, people should be in no doubt about my steadfast defence of the judiciary and an independent legal profession.

Partly answered

Not addressed: Details of specific allegations were not addressed

How: I Do Not Disclose Details

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Q4 Bob Neill Con
Context

Lawyers have been criticized throughout history, including by the former leader of Labour and Prime Minister during legal aid work.

Question

Will he recognize that criticisms of lawyers should be moderated and historical context taken into account?

Answer from Robert Buckland

Lawyers have been criticized throughout history. We live in a lively democracy where none of us is above criticism. I left my politics at home whenever I went into chambers or courtroom.

Partly answered

Not addressed: Specific context and moderation not addressed

How: Historical Context

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Q5 David Lammy Lab Tottenham
Context

Home Secretary and Prime Minister have launched attacks on lawyers representing asylum seekers, and a knife attack occurred days after criticism. Legal professionals are called 'activist lawyers'.

Question

Does he agree with his colleagues' characterization of lawyers as 'activist lawyers', or will he publicly condemn that rhetoric?

Answer from Robert Buckland

I have made my defence of lawyers clear on two occasions, condemning attacks. Physical and verbal attacks are entirely unacceptable.

Partly answered

Not addressed: Characterization not directly addressed

How: Defended Lawyers Generally, Not Specific To Characterization

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Q6 Joanna Cherry SNP
Immigration Standards & Ethics
Context

A violent attack on an immigration lawyer, counter-terrorist police warning about a potential attack, yet Home Secretary intensifies anti-lawyer rhetoric.

Question

Did he warn the Home Secretary to avoid using this kind of language before her speech? If not, will he consider his position?

Answer from Robert Buckland

I have been publicly on the record twice in the last month making my position clear and condemning attacks. I am careful about drawing direct links sub judice.

Partly answered

Not addressed: Specific warning not addressed, no commitment to reconsider position

How: Sub Judice

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Q7 Joanna Cherry SNP
Justice & Courts Standards & Ethics
Context

After the Home Secretary's speech, the Prime Minister made additional statements declaring intentions to prevent the criminal justice system from being hamstrung by left-wing human rights lawyers and other do-gooders. Joanna Cherry is concerned about the Lord Chancellor's advice to colleagues regarding the rule of law.

Question

I reiterate that I am not asking the Lord Chancellor for the precise details of conversations or, indeed, to comment on an ongoing case. I am asking him about the general advice he has given to his colleagues in relation to his duties and responsibilities regarding the rule of law, because after the Home Secretary's speech, the Prime Minister went even further in his conference speech, declaring that he would prevent 'the whole criminal justice system from being hamstrung by…lefty human rights lawyers and other do-gooders.' I ask the Lord Chancellor again: are newspaper reports that he spoke with the Prime Minister in advance of that speech correct? And did he tell the Prime Minister about the attack on the immigration lawyers' offices and the warnings from counter-terrorism police to the Home Secretary about the dangers of inflammatory language against lawyers?

Answer from Robert Buckland

I can assure the hon. and learned Lady that the information about the serious allegations about the attack has been communicated to the appropriate Ministers and that everything I have done and will continue to do is entirely consistent with my duty. Although, sadly, it might be the province of previous and current Prime Ministers to make provocative and sometimes lively comments about the legal profession, it is not the job of the Lord Chancellor to police every jot and tittle. I will continue to make sure that we get the tone of the debate right and that where we can improve on our language, we will do so.

Not addressed: Did not address whether he spoke with the Prime Minister or provided specific advice regarding inflammatory language

How: Police Every Jot And Tittle

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