Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 16 March 2021 · 13 questions

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

At a glance

Answered 3 Partly answered 7 Not answered 0

Key points

  • Stuart McDonald expressed concerns about Sarah Everard's disappearance and questioned the human rights implications of certain bills.
  • The roll-out of problem-solving courts will be piloted later in the year to address specific challenges faced by families and individuals.
  • Laura Trott requested an update on the establishment of a Nightingale court in Kent to speed up access to justice for her constituents.

Topics (select to filter)

Questions & Answers

Context

The disappearance of Sarah Everard has shocked the nation, prompting concerns about women's safety and harassment.

Question

I am concerned about the disappearance of Sarah Everard and its impact on women's safety. Despite my support for the Domestic Abuse Bill and Police, Crime, Sentencing and Courts Bill, I question whether there are second thoughts given the concerns raised about human rights implications.

Answer from Robert Buckland

The provisions on protests reflect the Law Commission's 2015 report and common law, reducing maximum penalty from life imprisonment to 10 years. The fuss is a confection designed to assist an Opposition in difficulty.

Partly answered

Not addressed: Second thoughts about statutory statement

How: Fuss Is A Confection

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Context

The Justice Committee supports the idea of problem-solving courts to address less serious offences.

Question

I agree with the Secretary of State's comments on public protection. Will he help us understand the timeline for rolling out problem-solving courts, as called for by the Select Committee and other commentators?

Answer from Robert Buckland

The roll-out of problem-solving courts will be piloted later this year, aiming to bring together not just the courts system but also other agencies around specific challenges faced by families or individuals accused of criminal offences.

Answered
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Context

UN Women UK reported that most young adult women experience sexual harassment, with low rape conviction rates.

Question

A UN Women UK study showed 97% of young adult women experiencing sexual harassment, one in five facing sexual assault, and only a 1.4% rape conviction rate under the Lord Chancellor's watch. What does he say to victims feeling it is no longer worth complaining?

Answer from Robert Buckland

The Government has introduced important legislation including coercive control, stalking reform, and the Domestic Abuse Bill with extensions for non-fatal strangulation and threats of revenge porn. The current Bill aims to impose longer sentences for crimes predominantly against women.

Answered
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Context

80% of imprisoned women are for non-violent offences, often victims themselves.

Question

Eighty percent of imprisoned women serve short sentences for non-violent offences, losing children and jobs under the Government's watch. They account for 20% of self-harm cases in prison. Will he admit his Government does not care?

Answer from Robert Buckland

The Opposition's refusal to work together is disappointing, especially on an issue that should rise above politics. They are rejecting opportunities for change and voting against tougher sentences.

Not addressed: Acknowledgement of harm caused by policies

How: Refusal To Work Together, Deep Divisions

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Q5 David Lammy Lab Tottenham
Context

The Police, Crime, Sentencing and Courts Bill has raised concerns about potential restrictions on protest rights.

Question

After the Justice Secretary made a statutory statement declaring the compatibility of the Police, Crime, Sentencing and Courts Bill with convention rights, given many voices expressing grave concerns about its impact on human rights, did he have second thoughts?

Answer from Robert Buckland

The provisions reflect the Law Commission's 2015 report and common law on public nuisance. The maximum penalty has been reduced from life imprisonment to 10 years.

Partly answered

Not addressed: Second thoughts about statutory statement

How: Fuss Is A Confection

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Q6 Laura Trott Con Sevenoaks
Context

Concern over the need for faster access to justice in Kent, particularly for high-risk cases like sexual violence.

Question

May I ask the Minister for an update on when a Nightingale court will be established in Kent? This will be vital to speeding up access to justice for my constituents and helping with the cases at the highest risk of attrition, such as those of sexual violence.

Answer from Chris Philp

My hon. Friend has been a tireless and energetic advocate for a Nightingale court in Kent, and the options are being studied carefully by officials, who will continue to work with her and her colleagues. We have got 49 courtrooms open for Nightingale courts, and that will shortly increase to 60.

Partly answered

Not addressed: Specific timeline or commitment on a Kent Nightingale Court was not provided

How: Officials Are Studying The Options

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Context

Announcement by the Scottish National Party Government to strengthen human rights laws, including incorporating four UN treaties.

Question

Will the Cabinet Secretary or a Minister welcome the announcement from the Scottish National party Government that while the UK Government seem intent on rolling back human rights in the UK, Scotland will aim to strengthen them in a truly groundbreaking human rights Bill? That Bill will incorporate four United Nations treaties, to further enhance the rights of women, people with disabilities, older people and minority ethnic communities. Does the Minister agree that independence is the only way for the people of Scotland to truly safeguard their fundamental human rights?

Answer from Robert Buckland

If the answer to the hon. Lady's question is separation, it is entirely misconceived. The jurisdictions of England and Wales, Scotland and Northern Ireland should be standing shoulder to shoulder in that fine tradition of the rule of law and respect for human rights.

Not addressed: Did not address welcoming announcement or independence stance

How: Separation Is Misconceived, Should Stand Together

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Context

Question about progress on the independent review and next steps.

Question

What progress has been made on the independent review of administrative law?

Answer from Robert Buckland

I will be making announcements on the independent review and the next steps very shortly. Judicial review plays a vital role in upholding the rule of law, and the reason we established the review was that we wanted to look carefully at whether it was running as it needs to or whether changes will be needed.

Partly answered

Not addressed: Specific steps not detailed; vague about timeline

How: Next Steps Coming Shortly

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Context

Concern over the number of incorrect charges under the Coronavirus Act, suggesting non-renewal and replacement with a new bill.

Question

More than 230 people have now been prosecuted under the Coronavirus Act 2020, but according to the Crown Prosecution Service every single one was incorrectly charged. Does the Secretary of State agree that this amount of confusion and mistakes brings the law into disrepute? Will he therefore accept that the Act should not be renewed in full this month and that instead we should look at the replacement “protect everyone Bill” proposed by Liberty and others?

Answer from Robert Buckland

I am grateful to the hon. Lady for raising that question. The primary responsibility for the superintendence of the CPS rests with my right hon. and learned Friend the Attorney General, but the hon. Lady does make an important point about the reputation of the rule of law, and I know that these matters are being looked at carefully.

Partly answered

Not addressed: No acceptance of non-renewal or new bill consideration

How: Primary Responsibility With Attorney General, Being Looked At Carefully

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Context

Concern over backlog of cases in Nottinghamshire, suggesting a need for a Nightingale court.

Question

Covid-19 has had a significant impact on victims, witnesses and defendants involved in court proceedings in the past year. This is similar to the point made by my hon. Friend the Member for Sevenoaks (Laura Trott), but the backlog of cases in Nottinghamshire stands at 1,200 in the Crown court and 8,000 in the magistrates court. To ensure the timely administration of justice, has my right hon. and learned Friend considered a Nightingale court in Nottinghamshire, so that cases can be heard as quickly as possible? If not, will he agree to meet me to discuss what steps his Department is taking to make sufficient inroads into the backlog of cases in Nottinghamshire?

Answer from Robert Buckland

I am delighted to let me hon. Friend know that, as a result of the campaigning that he and other Nottinghamshire colleagues have undertaken, we will be opening a Nightingale court in Nottingham before the end of this month.

Answered
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Context

Concern over the decline in legal aid access due to cuts.

Question

After the post-war recovery, legal aid was celebrated as being one of the great pillars of the welfare state, but thanks to a decade of Tory cuts many of my constituents and vulnerable people across our country no longer have access to justice. So what exactly is the Secretary of State doing to halt the terminal decline in the number of legal aid firms and solicitors?

Answer from Robert Buckland

I greatly respect the hon. Gentleman, and I am more than happy to have a longer discussion with him in real time about the evolution of the legal aid system, which evolved under Governments of both colours.

Not addressed: No specific measures mentioned

How: Evolved Under All Governments, Willing To Discuss

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Context

Two proposed sites in Bridgend and Porthcawl are shortlisted for a women's residential centre, facing opposition from local residents and stakeholders.

Question

I thank my hon. and right hon. Friends for the engagement on this issue where I have conveyed strong feelings of opposition to both sites. Will he reiterate that he will consider the feelings of local residents and stakeholders before a decision is made?

Answer from Robert Buckland

The Department has already written to residents near the proposed locations advising them of the proposal and seeking their views. We also want the views of Senedd Members, local MPs, and councillors before any final decision is made.

Partly answered

Not addressed: Specifically asked about reiterating consideration of local feelings but only mentioned seeking views without a direct reiteration.

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Context

The Assaults on Emergency Workers (Offences) Act 2018 was introduced by the questioner in 2008, aiming to crack down on such assaults. Doubled sentences require implementation of section 154 of the Criminal Justice Act 2003 for effective penalties.

Question

When I introduced the Assaults on Emergency Workers (Offences) Act 2018 in 2008, with support from the Minister, I was always concerned that just passing the law would not be enough. The Government intend to double sentences but magistrates courts can only issue a six-month sentence, so section 154 of the Criminal Justice Act needs implementation for effective penalties. When will this happen?

Answer from Robert Buckland

The provisions are being carefully looked at. Magistrates have the power to commit for sentence to the Crown court where they consider their powers inadequate. It is important that guidance is strongly made to legal advisers in magistrates courts.

Partly answered

Not addressed: Asked about implementation of section 154 but only discussed existing powers and guidance without a specific timeline or commitment.

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