0:00:20 > 0:00:29Questions to the Secretary of State for Justice. Mr Damien Moore. I'll
0:00:29 > 0:00:34take questions one and 17 together. The government has made it a top
0:00:34 > 0:00:47priority to make it a smooth legal transmission.Could I ask what steps
0:00:47 > 0:00:53will his department take to ensure a review and possible reversal of ECJ
0:00:53 > 0:00:59rulings that affected our citizens once we have left the EU?We are
0:00:59 > 0:01:03taking back control over our laws, that's what the EU withdrawal bill
0:01:03 > 0:01:10does. The Supreme Court should have the last word on the law of the land
0:01:10 > 0:01:15and from that point we can retain, revise and repeal any pieces of law
0:01:15 > 0:01:20as we see fit in the national interest.The Minister may have seen
0:01:20 > 0:01:31the city UK report that underlined the importance of the legal sectors.
0:01:31 > 0:01:36Could they answered the principal concerns over whether contracts can
0:01:36 > 0:01:42continue to be enforced and respected across the EU as we leave.
0:01:42 > 0:01:47We have made clear in our position paper that we want to make sure we
0:01:47 > 0:01:56maintain that win- win position that support businesses and individuals
0:01:56 > 0:02:07on all sides.With the minister get out and meet more people. I've been
0:02:07 > 0:02:09talking to judges, barristers, campaigners, they all are terrified
0:02:09 > 0:02:15about what is going to happen if we leave the European union to our
0:02:15 > 0:02:19justice system. Who is he talking to and why doesn't he broaden his
0:02:19 > 0:02:25circle?Can I suggest that he doesn't engage in that kind of
0:02:25 > 0:02:34scaremongering. I have been talking to practices, judiciary, and through
0:02:34 > 0:02:36the withdrawal bill, I will make sure we have a smooth legal
0:02:36 > 0:02:44transition.Will the Minister confirm to the house that it is his
0:02:44 > 0:02:47policy that the European Court of Human Rights will have jurisdiction
0:02:47 > 0:02:52over Britain after we leave the EU? The honourable member will no
0:02:52 > 0:02:59because it has been in our manifesto we have no plans to withdraw.With
0:02:59 > 0:03:04the Minister agree with me that we have a very effectively consistent
0:03:04 > 0:03:07before we joined the EU and we will have one for many years after we
0:03:07 > 0:03:13leave.My honourable friend is right. I do take very seriously the
0:03:13 > 0:03:17concerns of those who think we need to mitigate the risk, that's what
0:03:17 > 0:03:29the negotiations and the withdrawal Bill will do. We should grasp the
0:03:29 > 0:03:37opportunities as well as managing the risks.Last month, just two
0:03:37 > 0:03:42weeks ago, well this house was debating the EU withdrawal Bill, the
0:03:42 > 0:03:54Prime Minister's spokesman said that they expect the European court's
0:03:54 > 0:04:05role to remain unchanged during the process. Is that mean that many
0:04:05 > 0:04:12parts of the withdrawal at will not be brought into force until after
0:04:12 > 0:04:15the intermediary period.She will know from committee stage debates we
0:04:15 > 0:04:20have made it clear that we're not going to pre-empt or prejudge the
0:04:20 > 0:04:24outcome of the negotiation on eve of the withdrawal Bill or the
0:04:24 > 0:04:30fermentation period.Last week Sky News reported that after Brexit, the
0:04:30 > 0:04:37government wishes to stay in the EU safety body and accept that this
0:04:37 > 0:04:42will mean remaining under the jurisdiction of the EU court of
0:04:42 > 0:04:46justice, the ultimate arbiter of those rulings. Will the Minister
0:04:46 > 0:04:52confirm that the Prime Minister's red line that there is no European
0:04:52 > 0:05:02Court of Justice jurisdiction is untenable.The honourable lady is
0:05:02 > 0:05:07relying on second-hand reports. We are not going to pre-empt the
0:05:07 > 0:05:09negotiations and I hope she will support is in getting the very best
0:05:09 > 0:05:15deal.The honourable member for Clacton has an exactly similar
0:05:15 > 0:05:27question. He wasn't standing so I didn't call him.Can the Minister
0:05:27 > 0:05:32confirm that elements of civil and criminal law go back to Magna Carta
0:05:32 > 0:05:37in 1215 and earlier and our legal system is is far more long as
0:05:37 > 0:05:42established than any EU legal system and we have one of the most
0:05:42 > 0:05:47respected legal systems in the world and regs it holds no fear as far as
0:05:47 > 0:05:53future laws are concerned.We have actually got rather different system
0:05:53 > 0:05:58through our common law system and we should have the courage of our
0:05:58 > 0:06:02convictions and courage in our democracy and who want to see the UK
0:06:02 > 0:06:06Supreme Court have the last word on the laws of the land.Question
0:06:06 > 0:06:16number two please.The government has published a post-legislative
0:06:16 > 0:06:20memorandum and we have launched a review of the act which will be
0:06:20 > 0:06:26thorough and will report by the summer recess.Recently I visited
0:06:26 > 0:06:31whole chamber of, is and a solicitor there was explaining how the cuts in
0:06:31 > 0:06:35legal aid actually costed the court so much more money because in hole
0:06:35 > 0:06:39so many people are trying to represent themselves. The president
0:06:39 > 0:06:44of the Supreme Court said that the legal aid reforms are false economy.
0:06:44 > 0:06:48Does the Minister agree that restoring early legal advice would
0:06:48 > 0:06:52not only help solve legal problems but save taxpayers money?I
0:06:52 > 0:06:56understand the point the honourable lady is try to make in a
0:06:56 > 0:06:59constructive way. I'm not sure that the evidence is there to back up the
0:06:59 > 0:07:07assertion she has made. We have made available a wide range of legal
0:07:07 > 0:07:13help, for example in family situations, that involves practical
0:07:13 > 0:07:17support and telephone helplines. There is also online tools to make
0:07:17 > 0:07:21clear when legal aid is available. There are other sources of legal
0:07:21 > 0:07:26advice available to them as well. When changes to legal aid in family
0:07:26 > 0:07:34matters were made it was anticipated that they want be a considerable
0:07:34 > 0:07:39growth in mediation, in fact, it has dropped considerably. That is
0:07:39 > 0:07:44because early legal advice is a gateway into mediation and reduces
0:07:44 > 0:07:48the burden of litigation in the courts. Isn't it time to look at
0:07:48 > 0:07:53that again?We need to be encouraging more alternative dispute
0:07:53 > 0:07:56resolution and there is an agreement that we want to incentivise cases to
0:07:56 > 0:08:00be settled not through the courts because of the costs and the trauma
0:08:00 > 0:08:06for those involved. I don't think the answer is a exclusively going to
0:08:06 > 0:08:10be around money. It is also going to be the positive incentives we put in
0:08:10 > 0:08:16place.Providing early legal help in family court cases would cost less
0:08:16 > 0:08:22than £14 million because as the honourable gentleman has said many
0:08:22 > 0:08:26cases would be resolved before getting to court. Why does the
0:08:26 > 0:08:30Minister continue to insist that this is not a cost-effective way of
0:08:30 > 0:08:36dealing with cases? Does he actually know how many cases are proceeding
0:08:36 > 0:08:41with litigants in person and how much it is costing the court system?
0:08:41 > 0:08:46There is a range of support as I've already detailed, £100 million of
0:08:46 > 0:08:52support in terms of early legal help that can be online telephones and
0:08:52 > 0:09:03representation, in terms of in purpose. There is a range of support
0:09:03 > 0:09:19available. We can look at that in the review.