Tag: Dominic Raab

The statement made by Dominic Raab, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 23 March 2023.

Today the Government are launching a consultation that will inform proposals to support more families, in appropriate cases, to agree their children and financial arrangements without court involvement.

Family courts are under unprecedented pressure. In recent years, more families than ever before are applying to the court to resolve their disputes about children and financial matters, and once at court their cases are taking longer to be resolved. We believe that many of these disputes can be successfully resolved outside of court, and that in supporting this we can spare families, and especially children, the anguish of protracted litigation. Resolving more disputes outside of court will also help enable the courts to focus available resource on the cases that need to be there, including where domestic abuse is evidenced or there are urgent issues, and ensure these are resolved swiftly. This will help us to deliver on the levelling-up agenda by ensuring we improve the experience of parents across the country, including the most deprived areas.

Key proposals in the consultation include:

Supporting parents to resolve their children and financial arrangements without court involvement:

We propose to strengthen access to resources and guidance for parents/carers and separating couples, and seek views on requiring parents/carers, in appropriate cases, to attend a co-parenting programme alongside mediation to help them better understand their family’s options.

Resolving private family law arrangements through mediation:

We propose to introduce a requirement, in appropriate cases, to make a reasonable attempt to mediate before applying to court. We are seeking views on how this could operate, and the circumstances that should make an individual or family exempt from the requirement. We propose that Government would fund the cost of this mediation for child arrangement cases and seek views on the funding of mediation for finance cases.

Accountability and costs in court proceedings:

We are also consulting on how costs orders could be used by the family courts to enforce requirements to mediate and discourage unnecessary prolonging of court proceedings.

The consultation also seeks views on the impact these proposals may have on the mediation sector, and the role of other forms of dispute resolution in family cases.

We want to hear from a range of people with experience of the private family law system, including families with experience of family courts, the organisations that work to support them, and the professionals who work within the system sector. We will be holding a number of stake- holder engagement events to ensure we receive detailed responses from a wide range of people and organisations.

The consultation is available at: https://consult.justice.gov.uk/

The consultation closes on 15 June 2023.

The speech made by Dominic Raab, the Secretary of State for Justice, at Westminster Hall, London, on 29 March 2023.

It’s a great pleasure to welcome you all, as you make your declarations…

And confirm your new status as Kings Counsel, and Honorary King’s Counsel.

This is the first time in over 70 years that a Lord Chancellor has presided over the appointment of ‘King’s Counsels’, since the passing of Her Late Majesty Queen Elizabeth II.

Of course, for all of you, I know this is the culmination of years of hard work, dedication, and sacrifice.

The late nights working on a brief,

The weekends lost to preparing a case in court,

The countless hours spent representing your clients will now,

I hope, at long last be worth it today.

You have made it to the pinnacle of your profession,

You will be recognised for that by your peers, by the Crown,

For what is an immense achievement.

You, your families, friends, and colleagues, should rightly be very proud.

Steeped in tradition going back to the 16th Century, the KC title has long been a hallmark of excellence.

It acknowledges your experience, expertise and eminence in your particular fields of law.

And so, today’s ceremony cements your status as ambassadors for a legal system envied across the world.

And, as we celebrate your success in these historic surroundings…

Arguably the birthplace of both British justice and democracy… You are taking your own place personally in our country’s distinguished legal history.

Of course, the KC quality mark is recognised not just here in the UK, but abroad too.

It holds up our legal professionals as the best in a global market.

And it underpins the worldwide appeal of our legal system… along with our common law precedents and world-renowned independent judiciary.

Our profession is, of course, also one of the reasons the UK has become the world’s pre-eminent centre for dispute resolution.

Just to give you a flavour, in 2021, over 28,000 civil disputes were resolved through arbitration, mediation and adjudication in the UK, while more than 80 percent of the world’s maritime arbitrations are handled here.

Businesses around the world turn to us time and time again to be their counsel and courtroom… because they know that a decision from a UK court carries a global kitemark… of impartiality, integrity and enforceability.

It isn’t by luck that English and Welsh law is the choice for global business and international trade… used in some 40 percent of all global corporate arbitrations.

Nor is it a surprise that more than 200 foreign law firms, from over 40 jurisdictions have branches in the UK.

In fact, every single one of the world’s top 40 law firms has an office right here in London.

A world-beating legal system goes hand-in-hand with our world-beating legal services…

One of this country’s greatest exports – and at the heart of our future as a global, free-trading Britain.

Our legal services support the growth of global trade and investment across the whole country… contributing billions to our economy each year.

And it’s why we’re working hard to promote legal services abroad…

Targeting priority markets, like the Indo-Pacific and the United States…

And opening up market access for our legal professionals through free trade agreements… including current negotiations with India, the Gulf states, Canada, Mexico and the Trans-Pacific Partnership.

All this serves as a reminder that our KCs don’t just serve in English and Welsh courts.

They make a huge contribution to the international rule of law. Never has this been more true than today.

All the way back to Nuremberg, our legal professionals have played their part in bringing the worst war criminals to justice.

Take Hartley Shawcross KC – a formidable advocate who led the British prosecution at Nuremberg.

His opening and closing speeches widely held to be some of the finest of those historic, ground-breaking trials.

He observed that while some thought the Nazis on trial should have faced summary justice ‘…swept aside into oblivion, without elaborate and careful investigation into the part they have played…’

‘Not so would the rule of law be raised and strengthened on the international as well as upon the municipal plane…

Not so would future generations realise that right is not always on the side of the big battalions…

Not so would the world be made aware that the waging of… war is not only a dangerous venture… but a criminal one.’

I think Shawcross’s words resonate, when we consider the importance of the international rule of law… and the ‘elaborate and careful’ investigations currently underway into atrocities in Ukraine.

Nuremberg paved the way for the prosecution of war crimes and genocide in Rwanda, the former Yugoslavia and other wars and conflicts…

And our KCs have been instrumental in the development of international law in the decades since, alongside our allies.

We just need only look to The Hague to see the influence of some of the UK’s best legal minds.

Sir Geoffrey Nice, Steven Kay, Andrew Cayley and Jo Korner are just some of the exceptional British barristers to have made their mark there and beyond.

And another Brit, Karim Khan KC, is currently Prosecutor at the International Criminal Court and responsible for the investigation into atrocities in Ukraine, among other vital work he’s doing.

All of these appointments are a testament to the standard of our professionals and indeed their standing in the world.

I saw it myself – twenty years ago as a Foreign Office lawyer… I was posted to The Hague to help bring war criminals to justice at the Yugoslavian and Rwandan tribunals.

So, I know first-hand the impact the ICC and ad-hoc tribunals can have.

I remember in particular, Radovan Karadžić, the so called Butcher of Bosnia.

In 2004, as a fairly fresh faced lawyer, while serving in the Hague I negotiated a sentencing enforcement agreement between the UK and the UN.

Back then, no one thought we would get to use it…

But 17 years later, Karadžić was transferred to a UK jail cell under that agreement.

As you can imagine, I was proud to be a small part of that effort… a 30-year pursuit for justice.

Now as you will know, on 17th of March, the ICC indicted President Putin for the forcible removal of children from Ukraine. An appalling crime.

Today again, many doubters ask whether he will face the dock of a court.

We know, these cases are complex, and it will take patience.

To the doubters and the cynics I point to Karadžić, to Milošević, to Charles Taylor and others…

To know that justice is on our side, and history is on our side.

But justice doesn’t happen by accident.

It requires deeds, not just words.

That is why, a week ago today in the UK I hosted a meeting of justice ministers from around the world…

Bringing together over 40 nations to agree support for the ICC, and its independent investigation into war crimes in Ukraine.

I’m pleased we could agree that package that will support the ICC’s work in all its investigations.

But looking at the country and profession, the real success was bringing 42 other countries together to offer support…

Through the secondment of their national experts, the sharing of best practice to support the most vulnerable victims… and financial support to assist the ICC in its vital work.

This is global Britain as a force for good in the world – galvanising other nations to act.

In the same spirit, I have no doubt that many of you will go on to great things at home… and abroad… Building on the achievements of the remarkable KCs that have gone before you.

I know you will make us proud.

Today, we are also here to recognise eight candidates being appointed Honorary KCs, for outstanding contributions to the law outside of the courts.

Our first candidate, John Battle, is a driving force in the campaign for open justice and in particular filming court proceedings.

He is recognised for his extensive work with the media, Ministry of Justice, and with the senior judiciary.

Next, Professor Lionel Bently is a universally respected scholar, nominated for his role in influencing intellectual property law in this country and beyond.

Professor Richard Ekins has made a major contribution to public debate, and parliamentary deliberation, about the constitutional role of the courts…. Issues which are very close to my heart.

Then we have Professor Rosemary Hunter, a leading Family Justice scholar. Rosemary is recognised for her important work in the field of domestic abuse, which has helped to shape the law in this area.

Next, Dr Ann Olivarius, recognised for her vital role in the fields of women’s rights, sexual harassment and sexual abuse.

She was absolutely instrumental in lobbying Parliament to pass laws against so-called ‘cyber flashing’, which I am proud we have now done.

We also have Professor Richard Susskind is recognised for his important work to promote technology and innovation in legal and court services across England and Wales.

Next, James Wakefield is nominated for his work to promote better access to the Barrister profession… encouraging retention of those from under-represented groups from across our society.

Then we have Professor Julian Vincent Roberts, a leading authority on sentencing theory, policy, and practice.

His work has made a major contribution to the analysis and development of sentencing worldwide.

Last but certainly not least, there is Sir Michael Wood – a prominent member of the International Law Commission, recognised for his invaluable contribution to the teaching and application of international law in the UK and beyond.

I have to say, there is one blot on his CV that I feel duty bound to point out.

Sir Michael recruited me to the Foreign Office legal advisers in 2000, and then deployed me to the Hague between 2003 to 6.

And was very much a mentor during that time, please don’t hold it against him.

No one’s perfect.

Of course, that’s just a brief mention of our recipients’ contribution to the law, which goes so much further.

In closing, let me say again what an honour it is to preside over this ceremony.

I hope you enjoy today’s celebration with your family and friends.

It is truly well deserved.

Each and every one of you here today is a shining example – the brightest and best of British justice, an inspiration to the next generation of lawyers.

I’ve absolutely no doubt you will go on to even greater things in future…

Playing your part in upholding the reputation of the finest legal system in the world.

The statement made by Dominic Raab, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 1 March 2023.

Today I can announce that we intend to legislate as soon as possible to introduce an independent public advocate; to put victims and the bereaved at the heart of our response to large-scale public disasters; to make sure they get the support they deserve through public inquests and inquiries; and to make sure they get the answers they need to move forward in their lives.

I know the whole House will recall that fateful day of 15 April 1989, when thousands of fans prepared to watch the FA cup semi-final between Liverpool and Nottingham Forest. Ninety-seven men, women and children lost their lives, unlawfully killed in our country’s worst ever sporting disaster. What happened at Hillsborough was a monumental and devastating tragedy. To this day, I remember watching the scenes in horror, and the impact is felt to this day, especially by the families and friends of the victims.

Of course, for Hillsborough’s survivors and the bereaved, that terrible day was just the beginning of a 34-year ordeal. It was followed by an appalling injustice. Fans were blamed for their own injuries. Survivors and the bereaved were blocked at every turn in their search for answers. We must learn the lessons of Hillsborough and we must make sure they never happen again.

In the wider context, major disasters involving significant loss of life are mercifully rare in this country. But, as Hillsborough, Grenfell and the Manchester bombings have shown, when they do happen, victims, families and communities have not received the answers to their questions, nor the support they need. We are duty bound, as a Government and as a House, to make sure that that never happens again and, positively, to ensure that those families and communities never again have to struggle in anguish against a system created to help them, in order to get the truth, and some measure of accountability.

The IPA will go some way to making good on the Government’s longstanding promise to ensure that the pain and suffering of the Hillsborough victims, and other victims, is never repeated. It will be passed into law, and made up of a panel of experts to guide survivors and the bereaved in the aftermath of major disasters. It will deliver in six important respects that I will outline for the House.

First, the IPA will provide practical support to the families of the deceased, and individuals, or their representatives, who have suffered a devastating or life-changing injury. That practical support will include helping them to understand their rights, such as their right to receive certain information at inquests or inquiries, and signposting them to support services, for example financial or mental health support. In particular, the IPA will help victims every step of the way, from the immediate aftermath of a tragic event, right through to the conclusion of investigations, inquiries or inquests. We will make IPA support available to the closest next of kin relative, both parents where they are separated or divorced, or to a close friend if there is no close family. That support will also be there for those whose loved ones die after the tragedy as a result of their injuries—a particular issue in relation to Grenfell, as I know from my experience as housing Minister. The IPA will also offer support to injured victims or their representatives.

Secondly and critically, the IPA will give the victims a voice when they need it most. It will advocate on their behalf with public authorities and Government, for example, where they have concerns about the engagement and responsiveness of public authorities such as the police or local authorities, or where the victims and bereaved want an investigation or inquiry set up more swiftly, to ensure maximum transparency.

Thirdly, the IPA will give a voice to the wider communities, not just the directly affected victims and bereaved, that have been affected most by the tragedy in question. To achieve that, we will set up a register of advocates from a range of different professions, backgrounds and geographical areas, including doctors, social workers, emergency workers, clergy, people with media-handling experience—often that is another burden that victims will not have experienced—and others. Communities will be able to nominate an advocate to act on their behalf, in order to express their particular concerns and ensure that their voice is heard as a community.

Fourthly, the IPA will be supported by full-time, permanent staff so that it can act swiftly when a tragedy occurs to make sure that the support is there for the victims and the families from day one. Critically, the IPA will be there to consult with and represent victims and their families before any inquiry is set up, so it will be able to make representations on the type of inquiry, whether it is statutory or non-statutory, and other important functional issues, such as the data controller powers available to any inquiry and the relationship it may have with the IPA in the exercise of such functions.

Fifthly, the scope of the IPA will be extended to cover events in England and Wales, but of course we are mindful of the devolved settlements, so we will work with all the devolved Administrations to ensure that our plans are co-ordinated with the support offered outside England and Wales. Finally, although the IPA is first and foremost about doing better by the victims and survivors, it is worth acknowledging that it is also in the wider interests of the public. It will ensure that we achieve a better relationship between public bodies, the Government and the bereaved; that we get better, quicker answers; and that we can learn and act on the lessons from such tragedies more decisively.

I can tell the House that the preparatory work is well under way to establish the IPA, and we will place it on a statutory footing as soon as possible. I will say more about the legislative vehicle shortly.

Of course, there have been other important reforms in recent years to support and empower victims and their families. We have made inquests more sympathetic to the bereaved with a refreshed, accessible guide to coroner services, so the process, which can feel like a minefield to navigate, is easier to digest and understand. We have removed means testing for the exceptional case funding for legal representation at an inquest, which means that applying for legal aid is easier and less intrusive. People who have suffered a traumatic bereavement no longer have to submit the details of their personal finances to the Legal Aid Agency; if their case meets the exceptional case funding criteria, they will be entitled to legal aid whatever their means.

More broadly, we are putting victims at the heart of our justice system by quadrupling victims funding compared with 2010, and we are giving them a louder voice through the upcoming victims Bill. The creation of an independent public advocate to give greater voice to the victims and the bereaved of major tragedies is the next important step forward.

I know that hon. Members on both sides of the House will join me in paying tribute to the Hillsborough families for their courage and determination despite every setback and to their long-standing struggle to stop other families from enduring the same anguish in future. They have always maintained that their struggle for truth and justice for the 97 was of national significance, and I agree entirely. I also pay tribute to the families of those who died at Grenfell and the Manchester Arena bombing. Our hearts go out to them for their loss and I pay tribute to them for their dignified courage.

I also take the opportunity to pay tribute to hon. Members in this House and those in the other place who have campaigned tirelessly on the issue, including my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Member for Garston and Halewood (Maria Eagle), the hon. Member for Liverpool, West Derby (Ian Byrne), Lord Wills, the Mayor of Liverpool and others, for their steadfast commitment to establishing an IPA. I will continue to work closely with all those hon. Members, the Hillsborough families, the Grenfell groups and the families of the victims of the Manchester Arena bombing to ensure that their experiences are taken into account and we get the detail of the IPA right as we establish it.

I pay particular tribute to the right reverend James Jones KBE for his work on Hillsborough and his important report. I met him last week and the Government will respond to the wider report this spring. We know in our heads and hearts that there is still much more to do to heal the wounds from that horrendous and heartbreaking tragedy, but this is an important step forward. The IPA will make a real difference. I commend this statement to the House.