(12 years, 5 months ago)
Commons ChamberI would have hoped that the hon. Gentleman was listening.
For two days, I got together young people, the police and the health service in my area, along with my expert panel which 10 years ago looked at the problem of heroin and this time looked at legal highs, among other problems. We analysed more than 400 submissions to find out exactly what was happening. We went out and asked the users of the illegal drugs what was happening with the legal highs. I would have thought that the hon. Gentleman would like to be informed about this, because his close coalition ally the Minister, and the Minister’s predecessor, have not got a clue what is going on with legal highs in this country. Some of the chief constables are increasingly saying, “Let’s legalise drugs; let’s not go any further with legal highs, so that we can get crime down.”
The European Union is heading in exactly the same direction. That is why the Czech Republic has just backed the same approach as Portugal has taken. The European monitoring body’s research is nonsense, but it is quoted by the Minister and others in the Government all the time as the factual basis for what is happening around Europe. But the statistics on this—as on so many other things—that are compiled around Europe simply do not compare with what is going on here. They do not compare at all.
In this country, we have a growing problem with legal highs. The problem is that people are taking cheap pills instead of spending money on alcohol, and the real problem with that is that they do not know what the pills are. People are taking things that give them a stimulus when they go out, but the compounds could contain anything, and on rare occasions there are tragic consequences. The bigger problem is that this is building up an atmosphere of semi-legality. People are taking things that ought to be illegal because they are dangerous, and they have no idea what they contain. They take them presuming and hoping that they are fine, and the Government are not prepared to put a system in place to deal with—
Order. I am struggling to understand how the hon. Gentleman is going to relate all this to subsidiarity. [Interruption.] Thank you; I do not need prompting. We are not having a general debate here. He has referred to Europe, and I hope that he is going to refer to the question of subsidiarity mentioned in the reasoned opinion.
Thank you for your guidance, Madam Deputy Speaker. I am constructing an argument to demonstrate precisely how the European Union has got itself into this absurd situation of what might be called a caterpillar race between the European Commission and the British Government over who can be the slowest to deal with the problem of legal highs. Frankly, my constituents’ problem is that this Government are doing nothing—
(12 years, 5 months ago)
Commons ChamberOrder. Mr Hemming, sit down. This is not a personal discussion between you and Pamela Nash of the points you might want to make later. May we have a bit of order? Pamela Nash, you have the Floor. If you give way to John Hemming, could you indicate accordingly, so that I can call him?
Pamela Nash
Apologies, Madam Deputy Speaker. I will not let anyone intervene again.
I strongly believe in an NHS free at the point of need. Arrangements are in place for people to pay, when that is required, but we have had no clarity about how the provisions will be policed or expanded. I agree that we need an immigration policy that protects our constituents from increasing global financial pressures, but we do not want them coming up against unintended consequences as a result of measures in the Bill, on which there has been a lack of consultation. I worry about the risk to public and private health. Moreover, this debate has thrown up areas of contention in the referendum debate and problems with having different arrangements in Scotland and England. If the Bill removes long-held reciprocal agreements with countries that we are friends with and to which our constituents wish to travel, I would be very concerned. Finally, I am concerned that the Bill will cost constituents more than it benefits them.
(12 years, 7 months ago)
Commons ChamberThe difficulty with answering that question is that, technically, everyone who is a foreign or Commonwealth member of the armed forces could potentially, depending on their circumstances, be eligible. The problem is that the provision will make a difference only if five years before the point at which someone makes an application for naturalisation they were not in the UK because of their service. It would be impossible to go through everyone’s record of service and do that calculation, because we do not know how many will apply for naturalisation or how many would have been delayed in seeking naturalisation because of where they were five years before making the application.
We think that the number who will not have to suffer a delay is in the order of 100 to 200, and that is based on the fact that most foreign and Commonwealth personnel do not have this problem. Veterans Aid talked of “many cases”, but that is tens and hundreds, rather than thousands. It also said that the Bill would help “quite a few” of their clients, and our estimate of 100 to 200 is based on our knowledge of the process and on talking to those service charities that talk to people who have fallen foul of the existing provision. It is our combined intelligence that enables us to say that it is around 100 or 200. That is the kind of number that we are thinking about. Those who are concerned about the numbers need not worry that the Bill will extend to thousands of people. A relatively small number of people will be affected, but it is important to make the change for the benefit of those people who have served their country. In the last decade, many of those people have served not only in the armed forces generally, but in an active operational theatre, so it is important that the House makes sure that they are not disadvantaged.
My hon. Friend the Member for Christchurch also wanted some clarification of the MOD’s general position on the number of foreign and Commonwealth service personnel. This is largely an issue for the Army, rather than the other two branches. The hon. Member for Kingston upon Hull North also referred to the numbers. In a written statement on 11 July—relatively recently—made by the Minister of State, Ministry of Defence, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), the MOD said that it would now be enforcing the five-year UK residence requirement when recruiting Commonwealth personnel. The residency rules already exist for Commonwealth recruits to the regular armed forces, but since 1998 they have been waived. My right hon. Friend informed the House that from 11 July those residency rules will be more strictly enforced, which means that applicants to the armed forces will have to demonstrate that they have lived in the UK for five years lawfully—with leave to remain. That requirement will not affect Gurkhas, because they are recruited only in Nepal under separate arrangements agreed with their Government. If my hon. Friend wants more detail, he can look at the statement made by my right hon. Friend the Minister of State.
Without wishing to be too slopey-shouldered about it, if my hon. Friend the Member for Christchurch has detailed questions about the attitude of the Ministry of Defence and recruitment processes and so on, to which I think he alluded, I suggest he speak to my right hon. Friend the Minister for the Armed Forces. I do not think that the Home Office wants to start trespassing on those requirements, although it is worth putting it on the record that as a result of the work we have done on the covenant, officials and Ministers in my Department, the Home Office and the Ministry of Defence have worked very closely to ensure that the system does not disadvantage anyone. I know that that has been welcomed by members of service charities, who have seen an improvement in how we deal with service personnel, their families and former personnel when they go through immigration and naturalisation stages.
This is probably a good time, as I move towards the end of my remarks, to say that the Home Office takes its responsibilities under the armed forces covenant very seriously. In addition to this proposed legislative measure, we have made good progress against a number of our other commitments. We introduced a new process earlier this year, where service leavers could obtain settlement on—
Order. I would just say to the Minister that of course the covenant provides important context, but only where it is relevant to the Bill. I hope he is not now going to go into a rather lengthy set of comments about other items in the covenant. I hope he will stick to the Bill, because time is ticking on.
I am conscious of that, Madam Deputy Speaker. I do not have a lengthy list. It is a short list and the reason for raising it is that it is relevant to the Bill. For example, we have made provision whereby service leavers can obtain settlement on the day of discharge. Of course, settlement for some is the precursor to seeking naturalisation. That is important, because there is not then a gap. Several hon. Members referred to making sure that there is no gap, so that personnel have settled status and no problem in seeking support from the Government or elsewhere.
I will not, Madam Deputy Speaker, test your patience by reading out the list, but I would like to draw to the attention of the House the new set of armed forces rules that will come into force in December. You will be pleased to know, Madam Deputy Speaker, that I laid out the details in a written ministerial statement on 4 July, to which I draw the attention of hon. Members on both sides of the House who are interested in the subject. The new rules will address a number of areas that have been problematic in the past, and I hope that that is helpful.
I will not refer to every paper in my sheaf, but I want to refer to a couple of important questions that came up in the debate. We take the criminality or good character provisions seriously, but we have made a change, which was referred to by at least one Member. Any offences that are offences in service law but not in normal criminal law will no longer be treated in a way that is not subject to judgment. There were a number of cases where it was felt that service personnel who had had a conviction under military law that would not have had the same level of seriousness in civilian criminal law had suffered, and that we had had no ability to judge their case in the round, based on their service. We do, of course, expect the highest standards from our armed forces and apply the same standards as those for civilians. Non-criminal convictions or disciplinary offences are considered when good character is considered, but there is no automatic factor in ruling out somebody. A number of hon. Members referred to that issue, so I thought it was right to deal with it.
A couple of Members referred to what was encapsulated by the definition of “the armed forces”. The definition is the same as that used in the Armed Forces Act and, for the avoidance of doubt, applies to those who serve in our reserve forces, to which several Members have referred.
My hon. Friend the Member for Stourbridge gave a wide-ranging speech, in which she referred to some of the service charities and the points they have made about the service they received from what was the UK Border Agency. It is worth putting it on the record that the splitting of the UK Border Agency and the creation of UK Visas and Immigration, which is the relevant part of the Home Office that deals with naturalisation applications, means that we are focused on delivering better customer service. Some of the changes we announced in the written statement mean that we will be better able to look at applications from the armed forces, which will be made on a special, separate application form, to ensure that we can deliver a settlement on the day of discharge.
Order. I am rather surprised to see the hon. Gentleman standing. He has not been in the Chamber for most of the debate and he did not seek to speak before the Minister gave his response—in detail and at length—to the questions that were raised. As a member of the Panel of Chairs, the hon. Gentleman is fully aware of the courtesies of the House, so I am sure he will agree with me that we should now give the concluding remarks to the Member who moved the Second Reading motion on this private Member’s Bill. I am sure that the hon. Member for Christchurch (Mr Chope) would not want to show any discourtesy to the House, would he?
I am not inviting you, Mr Chope. My question was rhetorical in its nature. I am nudging you gently, as a member of the Panel, to agree with me that the courtesies of the House should stand.
I did speak to you in your position in the Chair to indicate that I would seek to catch your eye in order to make a short contribution after the Minister had spoken. If you had said to me at that stage that you would not call me at this point, I would have sought to make my contribution earlier. I was here at the very beginning of the debate, and I have made a lot of interventions. I have been here for almost all of the Minister’s response. It is a matter for your discretion whether you call me to make a short contribution, Madam Deputy Speaker, and I shall leave that with you. I put it on record that I would not wish any discourtesy to the House, even if I were not a member of the Panel of Chairs.
Indeed, and I am sure that you would not wish any discourtesy to me as the occupant of the Chair by assuming that your notification that you intended to follow an unusual procedure would result in my consenting to that, because it does not. We all know the rules, don’t we Mr Chope? This is the last day, however, and if you will make only a very few comments—I shall be timing you, Mr Chope, and shall not hesitate to intervene—you may have a few minutes to make your contribution before I call Mr Lord. But this will be the one and only time that you will be able to do this.
(12 years, 8 months ago)
Commons ChamberSurprisingly enough, there are no private conversations in the Chamber; Members are supposed to have them outside. That is not a point of order for me, in the sense that I saw no indication—and have heard no indication—of the Government’s attitude to the amendments, unless the Justice Secretary wants to correct me, although he is not obliged to.
Further to that point of order, Madam Deputy Speaker. It might be helpful to the House to say—as I was intending to in my winding-up speech, but this will stop everybody making the point all the way through the debate—that we will accept the amendment standing in the names of my hon. Friend the Member for Stone (Mr Cash), my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) and the right hon. Member for Leicester East (Keith Vaz).
Further to that point of order, Madam Deputy Speaker. Can I claim a reward for getting my amendment accepted before I have actually moved it?
Sir Alan, you were just fractionally ahead of me. I seem to recollect that Mr Speaker said that the amendments would be formally moved at the end of the debate. Perhaps this is an indication that we should have the Government opening and closing a debate before we actually have that debate, so that we know where we stand. Mr Bryant, thank you very much for your point of order—
I really have no more to add, because this has been a highly satisfactory, if slightly informal, way of proceeding. I am extremely glad that the Justice Secretary has said that the Government will accept amendment (b), because it demonstrates that, even in the inquisitorial system that we have, accountability and good sense can run together.
(12 years, 9 months ago)
Commons ChamberThe hon. Gentleman is absolutely right, but I do not think the Prime Minister would have used the words he did unless he was being very careful, and he certainly would have retracted them after he became Prime Minister had he received more information indicating a problem.
We shall leave that to one side, however, as it is not the subject of the order. I am sure the Prime Minister and everyone else is fully behind the proscription of these two organisations. I was disappointed with the Minister’s response to my intervention. He is an accomplished performer at the Dispatch Box and before the Home Affairs Committee—we will be calling him again for our inquiry into international terrorism and crime—but he did not give us any answers today or take us any further on from what he told us on 4 July 2012. That was the last time such an order was put through the House.
The hon. Member for Newark—I was about to call him the Minister for Newark; of course, he ought to have been security Minister at some stage, given his knowledge of the subject, but there is still time, with two years to go—the shadow Minister and I are not suggesting it in this case, but when we proscribe, we ought to put in place a time limit for reviewing the order, not because we would want to de-proscribe as soon as we proscribe, but because it would be right to keep reviewing these organisations, just in case they turn out to be shell organisations. I have mentioned the Tamil Tigers on the two most recent occasions that we have discussed this, although the Minister was not here last time—the Immigration Minister stood in for him. The Tamil Tigers have ceased to exist—everyone in the organisation has ceased to exist—yet they are still proscribed in the United Kingdom.
The Minister invites us to make an application for de-proscription for which there is no timetable. That means, I am afraid, that the matter ends up not in this House, which is responsible for proscription, but in the courts, where organisations are able to spend a lot of money. I think of the People’s Mujahedeen. Like me, Madam Deputy Speaker, you were in the House when that happened, on the Government Benches. A Minister came before the House and said, “We are de-proscribing the People’s Mujahedeen, because they’ve gone to court and won their judicial review.” I do not want these two organisations to do the same thing, which was why I said that the Minister’s answers were unsatisfactory.
The Minister told us one year ago, on 4 July 2012, that there would be a response “in due course”. I have discovered that that is one of the Minister’s favourite sayings—I am going to look in Hansard at how many times he says it; but he was a distinguished lawyer before he came to the House, and “in due course” is something that lawyers tend to say in their arguments. On 22 November 2012, however, the Immigration Minister, who is not a lawyer, used the word “shortly” in the House. “Shortly” clearly means “not next week”, because the response came in March this year.
Indeed, the word “response” also needs to be looked at, because although the Minister said that there had been a response—you were not in the Chair at the time, Madam Deputy Speaker, so I will not draw you into this debate—the Government’s response was to say that the report by the independent reviewer of terrorism, David Anderson, QC, had been “noted”. That is a very odd response from the Government. We are used to them saying, “A Select Committee”—or an independent reviewer—“has made a recommendation, and this is what we think about the subject.” This poor chap went through the preparation of that entire report and then waited a whole year to be told that it had been “noted”. Now we hear from the Minister, in his response to me, that he is going to respond—[Interruption.] I am afraid I have forgotten what he said—it was not “in due course” or “shortly”—and I do not have access to Hansard, so when he winds up, perhaps he can remind me what he said he would do.
When we proscribe, we need to be careful that we do not get organisations that can then de-proscribe. There is no point having someone as distinguished as David Anderson, QC, producing reports—poring over all the detail and providing expertise to the Government—and then the Government not responding. All I say to the Minister is this. He has told us that officials are looking into the matter. Well, hooray for officials—distinguished officials, I am sure. He has told us that they are “actively” considering the matter. What does that mean? Since I last raised the matter in the House on 4 July 2012, have officials “inactively” considered it? We have had activity and officials; what we now have are Ministers—good Ministers, such as the security Minister. He is on top of the brief—
Order. The right hon. Gentleman has been going round this point for nearly five minutes now. Will he please clearly make his point? Then perhaps we can hear what the Minister has to say for himself.
I thank all right hon. and hon. Members for their contributions to the debate, which has been well informed and well focused on the tasks at hand and the specifics of the order before the House.
Let me comment at the outset on the observations made by my hon. Friend the Member for Newark (Patrick Mercer) about the appalling murder in Woolwich of Drummer Lee Rigby. I am sure that all right hon. and hon. Members will join me in saying that all our thoughts and prayers are with the family in their preparation for Drummer Rigby’s funeral in just a few days’ time. Can I also echo—[Interruption.]
Order. Will the hon. Member for Harrow East (Bob Blackman) move away from the Front Bench? Only the Minister is supposed to be standing there, no other Member.
(12 years, 10 months ago)
Commons ChamberI inform the House that Mr Speaker has selected the amendment in the name of the Prime Minister.
(12 years, 10 months ago)
Commons ChamberOrder. Before I call the next speaker, it might be helpful if I inform Members that eight Members in the Chamber have indicated that they want to speak. May I ask each speaker to take no more than 10 minutes, which includes interventions, because that will share out the time between those still wishing to speak?
I am delighted to follow my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips), who gave us some very interesting information about forced marriage that I was not fully aware of, so I thank him for that. I realise that we are a bit short of time, but I am grateful for a few short minutes—
Order. I would not like the hon. Lady to feel that she has to curtail her comments. She has approximately 10 minutes in which to make her speech, as did everyone else.
(12 years, 11 months ago)
Commons ChamberOrder. Before the right hon. Gentleman deals with that intervention, I remind the House that the Chairman of Ways and Means has indicated that if each speaker contributed 12 or 13 minutes to the debate, that would allow all Members to get in without imposing a time limit. We are getting close to needing a time limit, so perhaps those who have already spoken could exercise some self-restraint in not intervening, which would enable the right hon. Gentleman to conclude his remarks.
Mr Llwyd
I accept what you say, Madam Deputy Speaker, and you have probably saved me from having to answer the right hon. Gentleman’s question.
As I do not have time to deal with that particular query, let me say that the dangerous dogs Bill is welcome, but that we must scrutinise it very carefully. Other measures in the Queen’s Speech are clearly welcome, too, but as always, the devil is in the detail.
I looked at The Independent earlier today, and saw that its front-page banner headline was “Coalition adrift as key policies go missing from Queen’s Speech”. That might be the reason for its being a bit thin, but there are measures that we can all build on, improve and take forward. I hope, however, that the toxic debate about immigration will not dominate wider debate of the Queen’s Speech. I conclude on that note, Madam Deputy Speaker, and thank you for admonishing me in time.
(13 years, 2 months ago)
Commons ChamberOrder. I am changing the time limit to seven minutes for Back-Bench contributions with immediate effect.
I share with other speakers the view that there is much to be welcomed in the Bill, including the provisions on the diversity of judicial appointments, extending the jurisdiction of youth courts and drug-driving.
I note that the hon. Member for Croydon Central (Gavin Barwell) is not in his place, but I too would like to pay tribute to the work he has done. He is quite right in what he says about other instances of the same sort of events that affected his constituent. Some 10 or so years ago, when I was practising as a solicitor, I had the privilege to represent the Nellist family of Acklam in Middlesbrough. As they returned home from an evening out—they had not been out socialising for a long time—they got off the bus opposite their home and their young son Anthony was waiting for them to come back. He was peeping out of the curtains looking to see them come home. He saw his mum and dad walk across the road, only for Susan to be struck by a speeding vehicle coming down Trimdon avenue, knocking her some clear 70 yards down the road, killing her outright.
The self-same issues about impairment and the links between impairment and the charges levelled against the youth concerned raised their head in this case. I was involved not in the criminal side but in the civil case. When we served our proceedings on the defendant, he showed absolutely no remorse whatever. He was sentenced to a term of imprisonment. Bizarrely in those days, he served his driving ban while serving his term of imprisonment. I pay tribute to my right hon. Friend the Member for Blackburn (Mr Straw), who put right that wrong in subsequent years, making sure that any driving ban was served at the end of the custodial sentence. That made the sentence more relevant.
Is it ever right for someone in such circumstances ever to get behind the wheel of a car again? Perhaps we can take a look at that as we take the Bill through Committee. Given the tragedy suffered by that family and the fact that not everyone enjoys the privilege of driving a motor car, it is not acceptable for someone in those circumstances to serve a ban for such a short period.
I support the fight against organised crime, but we on the Labour side are concerned that the Home Secretary is undermining that fight by cutting the budget to tackle it. However, I am happy to recognise the valuable work of the north-east regional organised crime unit, which was established by the chief constables of Durham, Cleveland and Northumbria in March 2010. It consists of a specialised team of detectives who target the organised crime groups that pose the greatest threat to the communities in those three areas. No doubt the House will want to congratulate officers in the unit who, last Wednesday, used a warrant to search premises in Topcliffe, north Yorkshire, and recovered approximately 30 kg of heroin and an estimated 40 kg of amphetamine. The street value of the drugs is estimated to be between £6 million and £7 million. Two men have been charged; the investigation continues, and there is more to come.
There is a welcome consensus on the issue of avoiding reoffending. The starting point of the consultation was a good one: the Government acknowledged that nearly half of all adult offenders reoffend within a year of leaving custody, and also acknowledged the need for reform of the criminal justice system. Cleveland’s newly elected police and crime commissioner, Barry Coppinger—in common with many others—has made
“diverting people from reoffending with a focus on rehabilitation and the prevention of reoffending”
a key priority. So far, so good. It seems there is a common purpose, but the question must be whether the proposals in the Bill are adequate to assist the attaining of that vital objective.
The powers that the Bill seeks to introduce are already available to sentencers. They can already impose punishment in combination with other elements. Lord Woolf, the former Lord Chief Justice, described the proposals as
“offensive to the judiciary, who strive to ensure that each person dealt with by them is sentenced to the appropriate sentence.”—[Official Report, House of Lords, 30 October 2012; Vol. 740, c. 529.]
Lord Ramsbotham, the former chief inspector of prisons, called them “totally unnecessary and counter-productive”.
In the brief time remaining to me, let me say something about clause 23. My constituent David Jukes has written to me pointing out that 2,000 people are employed by Her Majesty’s Courts and Tribunals Service in the enforcement of criminal fines. I hope that we shall have a chance to ensure that the existing service is given every opportunity to be maintained and to succeed, and also to ensure that rigorous standards and targets are set for recovery of fines and fixed-penalty notices.
Finally and very briefly, I want to comment on the law of self-defence as it applies to householders. I recently went around the houses in Middlesbrough, and none of those on whose doors I knocked told me of their overbearing desire to knock seven bells out of a burglar. People were more concerned about, for instance, employment and being hit by the under-occupancy tax. We must think carefully about whether clause 30 takes us any further.
The hon. Member for North West Cambridgeshire (Mr Vara) referred to the guidance notes that are issued to officers. I rather think that that tells the tale: the notes are available to officers to prevent householders from being taken to court unnecessarily, under the law as it stands—
Order. I am changing the time limit again. There are three remaining speakers. We need to get to the winding-up speeches by 9.40. I will set the limit at six minutes, but if there are interventions, I will reduce it again.
(13 years, 5 months ago)
Commons ChamberOrder. There will not, to begin with, be a time limit in this debate, but if Members make very long speeches it will be necessary for those who come towards the end of the debate to have their time cut, so may I ask you all to bear in mind how long you are speaking this afternoon? May I also remind you, when referring to another Member, to refer to them as an hon. Friend or an hon. Member or name their constituency, because it makes it easy to record? For the record, the Members just referred to were the hon. Member for East Worthing and Shoreham (Tim Loughton) and the Under-Secretary of State for Education, the hon. Member for Crewe and Nantwich (Mr Timpson).