(5 years, 4 months ago)
Commons ChamberI am grateful for my right hon. Friend’s comments. Of course, he is right that we should take no risks that are not manageable. Once we are in possession of all the information we should have, we will have to judge whether we are capable of managing the appropriate risk effectively. If we are not, it is a risk that we should not take. On that I entirely agree, but that decision has not yet been taken.
My right hon. Friend is right to highlight the Chinese law—it is what makes Huawei different from many other suppliers in the network—but I repeat the point I made a moment ago: a process for managing that risk has been in place for some considerable time. So far as delay is concerned, I repeat that in my judgment the right way to proceed is to delay only until we are in possession of the facts and information necessary to make the right judgment. That is the process we will undertake.
The Intelligence and Security Committee issued a statement on Friday saying that the UK network had to be built in such a way as to withstand attack from any quarter. The Secretary of State knows that only Nokia, Ericsson and Huawei can provide the 5G required for the UK’s use. While his noble aspiration is to pursue targeted diversification, is that realistic given the three potential suppliers? Should we not have a resilient service that can meet any potential threat within any of those three suppliers, rather than the desperation of simple diversity?
The right hon. Gentleman is right, but they are not mutually exclusive. We can and should do both. Diversification will not happen overnight, which is one reason I want to proceed as swiftly as possible with that track. It will take time for us to develop diversification in the market, but none the less we should seek to do so in the longer term. In the shorter term, he is also right—he knows this from his ISC work—that part of the reason we want a larger number of suppliers in the system is not simply that that is commercially and economically beneficial, but that there is a security benefit. Having several different suppliers’ equipment in the system helps to prevent overdependence on any one supplier’s equipment. That is an obvious security imperative. We should do that. It is part of the calculation we make about the security imperative in this decision.
(5 years, 5 months ago)
Commons ChamberAs I have said, it is important that we continue to discuss with the BBC what more can be done for people like that. It is important, as I have said, to be clear about who will continue to get this benefit, and it is important to have this continuing conversation with the BBC about what more can be done for those people, but I will not accept that this Government have not done anything to support people who are in difficulty. Quite the reverse: this Government have done a huge amount to do that, and it is important that when we communicate these things, they are communicated in the round.
Knowing that this decision was coming down the line, knowing that the BBC may have made the choice that it has made and knowing that this was a manifesto commitment of his Government, has the Secretary of State personally had any discussions with the Treasury in his 11 months in office, to ensure that the 3,800 pensioners in the Delyn constituency who will lose their benefit and now pay over £500,000 more—money lost from our local economy—can get justice and see the Conservative party meeting its manifesto commitment?
The answer to the right hon. Gentleman’s question is that I discovered the BBC’s plans on Sunday, before the announcement on Monday. I have not had a discussion with Treasury Ministers since that time but, as I said, I intend to have a number of discussions about what further action can be taken, predominantly by the BBC, but of course the Government will continue to look at what they can do across the whole range of benefits policy, as they always do.
(6 years, 9 months ago)
Commons ChamberWill the Attorney General welcome the work of the UK branch of the Commonwealth Parliamentary Association and support the Home Office in dealing with this issue in particular? Will he help to look at identifying the eight or so countries we are dealing with and give support from his office?
Yes, I do welcome that work. The right hon. Gentleman is right that there is a huge amount we can do in this institution to back up the fight against modern slavery and, of course, to focus on where the majority of those who are trafficked tend to come from. Of course, as he will recognise, it is not just those eight countries. Those who were identified as victims of modern slavery arriving in this country last year came from some 108 different countries, but he is right that there are particular countries to focus on.
(7 years, 4 months ago)
Commons ChamberMy hon. Friend is right. We have to pay close attention to each of those individuals. He will understand that prosecutions will not always follow in all those cases, but the number of prosecutions in terrorism cases has increased significantly. There were 79 trials last year, compared with 51 trials the year before, and we are remarkably good at convicting in those trials, which have a conviction rate of something like 86%.
Since 2010, the CPS has lost 2,400 staff—a third of its workforce—and 400 prosecutors. Is the Attorney General confident that he can meet the ever-growing complexity of the terrorism cases that are coming through now?
Yes, I am, and so is the CPS. The resources that it has available to deal with counter-terrorism are increasing and, as I have indicated, the conviction rate in terrorism cases is high. Indeed, the conviction rate across all offences has remained remarkably stable over the period that the right hon. Gentleman describes.
(8 years, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I entirely agree with my right hon. Friend. He makes the case very well for what we will do, which is to bring forward sensible reforms to our human rights framework but maintain our robust protection of human rights both in this country and around the world.
Will the Attorney General confirm that, if the Home Secretary’s wish came true, the UK would no longer have a British judge at the European Court of Human Rights in Strasbourg and we would therefore not be party to making judgments to uphold international law across the whole of Europe?
Again, I would say to the right hon. Gentleman that there is more to promoting human rights here and abroad than our membership of that court or even of the convention. We do a great deal more to help to promote human rights, and we should continue to do so.
(8 years, 7 months ago)
Commons ChamberMay I begin by adding to the hon. Lady’s congratulations to the shadow Attorney General on the new arrival in his household? We wish them all well. May I also congratulate her on taking on her new, temporary, but none the less important, responsibilities at the Dispatch Box? On her question, she knows, because she has heard me say it many times before, that I take the view that the protection of human rights in this country can perfectly adequately be undertaken by the British Government and by British courts. However, there is no doubt that were we to leave the European Union, a range of complexities would follow, not all of which we have discussed. There is no doubt in my mind that because of those additional complexities and because, on balance, I think there is huge advantage to Britain in remaining in the EU, that is the right decision for us to take.
9. How many prosecutions there have been for offshore tax evasion since 2010.
All tax evasion prosecutions are conducted under domestic tax law and no distinction is made in central records between offshore tax evasion cases and other tax prosecutions, but I can tell the right hon. Gentleman that the total number of convictions since 2010 for tax offences is 2,647.
I am grateful for that answer, but the Attorney General will now know, through the revelations in the Panama papers, that industrial-scale money is going offshore. What role will his Department be playing in advising the Prime Minister’s taskforce on that tax evasion? Does the Attorney General expect any illegality to come out in that review? If so, what resources does he have to ensure that prosecutions take place?
As the right hon. Gentleman may know, the Serious Fraud Office, an agency that I superintend, is contributing to that taskforce, and £10 million of new money is available to support the work of the taskforce. As he would expect me to say, the question of who, if anyone, gets prosecuted as a result of that work is not for politicians, but for independent prosecutors, to determine. I am confident that the Crown Prosecution Service and the SFO have the resources they need to pursue this. As he will also know, the Government are providing additional tools by which that can be done, including the creation of new offences, both for individuals and for corporate entities that fail to take the necessary action to prevent the facilitation of tax evasion.
(8 years, 9 months ago)
Commons ChamberIndeed. It is important that we ensure that witnesses who are engaged in criminal trials, which will be difficult experiences for them at the best of times, understand what is happening in the case around them. I hope that my hon. Friend will be as encouraged as I am by the trials that have been run in three different Crown courts for pre-recorded cross-examination. That will enable vulnerable and young witnesses in particular to get their part in the trial out of the way and any further delays in that trial will not affect them. That is a huge step forward.
I remind the Attorney General that the Conservative party manifesto promised a victims law. We are quite some time now from the election. Will he enlighten the House as to when that will be forthcoming?
The right hon. Gentleman will know that manifestos are for Parliaments, not just for the first year of Parliaments, so we have a little time left. When we do bring forward proposals I am sure he will be encouraged to see ways in which we can help victims understand better what is happening in the cases in which they are involved, and help them have a less difficult experience within the criminal justice system. Having held ministerial responsibility for the system, the right hon. Gentleman knows full well that we will never be able to get to a place where giving evidence and being involved in criminal trials is easy for victims and witnesses, but we can make it less hard and we will bring forward proposals to do so.
(9 years, 8 months ago)
Commons Chamber6. What recent discussions he has had with Cabinet colleagues on implementation of the UK’s domestic and international legal obligations on human rights.
I have regular discussions with colleagues about a large number of important issues. As the House knows, by convention advice the Law Officers may have given is not disclosed outside Government. However, domestic and international human rights remain an important aspect of our law and key considerations in the Law Officers’ work.
As I think the hon. Gentleman knows, I make a distinction between what is in the convention, which I wholly support, and the interpretation of the convention given by the European Court of Human Rights in Strasbourg, with which I have some disagreement, and I do not think we should confuse the two. Neither do I believe that it is axiomatic that the only way to have a good record on human rights is to be a member of the European convention on human rights and a signatory to it. Countries such as New Zealand, Australia and Canada, none of which, obviously, are signatories to this document, all have a very good record.
Similarly, it is not right to assume that countries that are members of the European convention on human rights have a spotless human rights record. That clearly is not the case either; one need only look at some of the countries that are signatories to see that. Membership of the convention is neither necessary nor sufficient for a country to have a good human rights record, but I can tell the hon. Gentleman that a future Conservative Government will be utterly committed to the maintenance of human rights, both domestically and abroad.
I know the Attorney-General’s primary job is to advise the Government, but on this occasion, just for old time’s sake, could he advise me? Given the Conservative party’s plan to scrap the Human Rights Act 1998, what rights do my constituents currently have that they will not have under the next Government if the Conservatives are elected?
(10 years, 9 months ago)
Commons ChamberI congratulate my hon. Friend on the advocacy he has engaged in on behalf of the Stock family. He will recall that we discussed the points he makes in the debate last Monday and I am happy to repeat what I said to him then, which is that the Government are considering carefully all that was said in the course of the debate and whether the sentencing is right for such offences. As he knows, we have particular sympathy for his points about those who cause death while disqualified.
On 23 January, the House of Commons voted 120 to three to release papers relating to the Shrewsbury 24. What is the Government’s response to that vote in the Commons?
(10 years, 10 months ago)
Commons ChamberI begin by echoing the comments of my hon. Friend the Member for Darlington (Jenny Chapman) about our late colleague Paul Goggins. I followed him as a Justice Minister, doing the job he did when he was in the Home Office and had responsibility for probation, and I know how well respected he was in the sector, by officials and the community at large. I also had the pleasure of sharing time with him as a Northern Ireland Minister, where he was also well respected. This is my first opportunity to put that on the record in the House. I will attend his funeral on Thursday, along with many colleagues across the House, to pay my final respects to Paul for all his work.
I wanted to speak in this debate for several reasons. Nobody disagrees with the Government’s general premise for dealing with offenders sentenced to 12 months or less in prison. They are often prolific offenders who go on to reoffend. They are often tomorrow’s serious offenders. It was an aspiration we had when I served in the Ministry of Justice to try to reduce their reoffending. We need to involve the voluntary and private sectors in supporting rehabilitation work for individuals who go to prison and come out within 12 months. Housing associations, voluntary providers and employers all have a role to play. That can be done in a positive way by the voluntary and private sectors.
Let us therefore not have a debate today on the difference between the Government and the Opposition on the need to involve some elements of the voluntary and private sectors. Instead, I want to raise my concerns about the issues addressed by new clauses 1 and 4. New clause 1 would ensure that we put a parliamentary brake on reorganisation, pending proper parliamentary scrutiny, and new clause 4 would put in place a pilot to test some difficult and serious matters in relation to which mistakes—they will be made, because that is the nature of the business the Minister deals with—will have a real impact on the community at large.
New clause 1, which I fully support, would prevent the Government from selling off or restructuring the probation service unless the proposals had first been laid before, and approved by, both Houses of Parliament. It is no secret that if the Government did that this year, they could put a Bill before Parliament and get it through before the general election. They could have it scrutinised and probably, because of the votes they have in this House, get their way. I object to the Government using the Offender Management Act 2007 to achieve that objective. I declare an interest, because I was the Minister who took that Act through the House. At the time I was pressed strongly by many Members on my own side, including my hon. Friend the Member for Hayes and Harlington (John McDonnell), on whether it meant the privatisation and break-up of the probation service. I was pressed very hard about whether it meant, in practice, the abolition, ultimately, of probation trusts.
I gave assurances during the Bill’s passage through the House and I want to repeat them today, not because they have not been heard here before, but because they support what my hon. Friend the Member for Darlington says in new clause 1 and are worthy of repetition. On 18 July 2007, I, as the Minister, said from the Dispatch Box:
“There will be a mixture of commissioning. Some will be at national level, because in certain cases and with certain contracts that will be the best way of securing a strong and efficient service. There will also be a strong role for those commissioning work at regional level. As my hon. Friend surely accepts, economies of scale will sometimes be necessary, and some services will be best purchased and commissioned at that level. However, there will also be a need for local probation trusts to act not just as service deliverers but as commissioners of services from the voluntary sector, or from others, providing a proper service to help prevent reoffending at local level.”—[Official Report, 18 July 2007; Vol. 463, c. 352-53.]
I said that in support of what my noble Friend Baroness Scotland and the then Lord Chancellor, my noble Friend Lord Falconer, said in another place when introducing the Offender Management Bill. I would be interested to hear what the Minister has to say about that. I am very pleased that the hon. and learned Member for Harborough (Sir Edward Garnier) is present, because I said it in response to a Lords amendment that he supported and that sought to do exactly what the Minister is seeking to do now to the probation service. We rejected it and I put it on record that the Offender Management Bill would not be used for that purpose.
I would be grateful if the Minister reflected on Pepper v. Hart from 1992. Legislation can be interpreted according to what a Minister said at the Dispatch Box about what they thought about a particular interpretation of a Bill. My assessment is that during our deliberations on the Offender Management Act, I, on behalf of the then Government, rejected from the Dispatch Box an amendment that sought to do what the Minister is now doing; supported the aspirations of my noble Friends Lord Falconer and Baroness Scotland; and spoke in support of retaining probation trusts to commission at a national, regional and local level. As my hon. Friend the Member for Hayes and Harlington has said, it is an abuse of this House for the Minister to try to use that legislation to secure his objective.
Will the Minister—just for me, so I can sleep easy in my bed—put on public record the legal advice he has received that says that he can do what he is doing, so that we can test his interpretation against the potential interpretation of lawyers outside the House under the terms of Pepper v. Hart?
I am not sure I will be able to help the right hon. Gentleman sleep easier in his bed. Equally, I do not want to pull rank on him, but I have to put to him something that was said by his then boss—the then Home Secretary and the now noble Lord Reid—on Third Reading of the Offender Management Bill in this House:
“I can therefore give an assurance today…that the core offender management tasks of the probation service—for example, offender report writing, offender supervision and breach proceedings—will remain in the public sector for the next three years.”—[Official Report, 28 February 2007; Vol. 457, c. 1024.]
Will the right hon. Gentleman explain why his then boss did not say “for ever” instead of
“for the next three years”?
I do not wish to upset the Minister, because he is a decent cove, as far as he can be with his brief, but the noble Lord Reid was never my boss. I have never served under him and he never line managed me in any way, shape or form. When I served as a Justice Minister, my noble Friend Lord Falconer and my right hon. Friend the Member for Blackburn (Mr Straw) were my bosses. What I said at the Dispatch Box at the time was said on their behalf. We supported a publicly supported probation service.
I take the right hon. Gentleman’s point that I will have a chance to respond later and I suspect I will have quite a bit to respond to by then, but I wish to address this specific point. I apologise to him for my misunderstanding of the chain of command back in the days of his time in government. However, unless I misunderstand him, I do not think he is suggesting that the noble Lord Reid was not speaking for the Government on that occasion. On the question of whether I will publish legal advice, I can do better than that by referring the right hon. Gentleman to the Offender Management Act itself. Section 3(2) states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
That is clear authority to do what we are doing, is it not?
This is the nub of the argument: I accept that the Minister believes he is acting in good faith under the Act, but what I am saying is that the interpretation I gave from the Dispatch Box, and that other Ministers gave in another place and in this House, was that the Act could not to be used for the Minister’s current purposes. My interpretation was that the Act could be used to contract the voluntary and private sector to deliver some services, but not the core probation service, which is what the Minister seeks to do. We can disagree about that—it is a matter of conjecture—and I think that the appropriateness of our comments could be tested under Pepper v. Hart.
If the Minister votes for new clause 1 he will have an opportunity to bring back new proposals and, as has been suggested, to pilot them so that we do not have to take a serious gamble and have an artificial split between public and private providers, or face the risk of cherry-picking and big companies hoovering up contracts. Moreover, we would not have the risk brought to my attention by a probation officer in my own constituency who corresponded with me this very week. She will remain anonymous because of her current status, but she said in her letter:
“This system is not tested. It’s just ideas and assumptions based on political ideologies. Knowing the work as intimately as I do I can’t tell you how risky this is.”
I know from my time in the Ministry of Justice that there will be risks and challenges in the management of offenders. One of the serious cases with which I had to deal as a Minister was when a low-level offender who was being supervised by the then London probation service broke into a property in Lewisham, close to the constituency of my hon. Friend the Member for Lewisham East (Heidi Alexander), undertook a burglary and, in doing so, murdered two individuals, set fire to them and burned the property down. The offender was given sentences of 40 and 35 years respectively and is, as we speak, serving them at Her Majesty’s pleasure. That was a low-level offender who committed a high-level offence. There is always risk.
I accept that that happened under the probation service—mistakes will happen; this is a risky business—but I am worried about the steps the Minister is taking without the pilot proposed by new clause 4 or the brake and proper parliamentary scrutiny proposed by new clause 1. That raises the risk even higher in a system that, by its very nature, is risky.
I agree with my hon. Friend that it is important to keep existing staff informed about what is going on. We are trying very hard to do that. If there are specific issues in her area, I am happy to look at them. We are keen to ensure that staff are informed. If she will forgive me, I will come back a little later to the pace of the changes that we are making, which has been a substantial issue this afternoon.
Before I do that, I want to make a couple more points about the background to this point, and the issue of further parliamentary approval for what we are suggesting. I have already made the point that section 3(2) of the Offender Management Act 2007 states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
In Committee, the Opposition were unable to dispute that the power that they legislated for is clear and unambiguous. The phrase
“contractual or other arrangements with any other person”
does not mean solely with probation trusts or trusts commissioning other providers, or solely with the public sector.
I do not wish to take up too much time on this point, but the Minister will know that when that debate took place, the intention was that the national probation service and the Ministry of Justice could contract for unpaid work, for example, on a national basis, but that for core probation services the probation service locally would still be responsible for the lead provision under that Act.
Again—I made this point earlier when I intervened on the right hon. Gentleman—I do not think that Lord Reid could have been any clearer on Third Reading. No doubt under considerable pressure from Back Benchers in his party, he undertook that those core functions, including two things that we do not propose to move from the public sector—advice to court and breach of proceedings—would remain in the public sector for three years. That was not in perpetuity, not as a matter of principle, but for three years which, conveniently enough, took him up to the date of the general election. I think we can all take from that a pretty clear understanding that the Labour Government were not promising that those functions would stay in the public sector for ever; they did it to take them up to the general election.
Can we be clear? Lord Reid was not the Minister responsible when the 2007 Act was dealt with in these Houses of Parliament. I was the Minister of State, my boss was Lord Falconer, and the Minister in the other place was Baroness Scotland. Those were the three Ministers dealing with the 2007 Act in June 2007.
I understand the right hon. Gentleman’s point, but it is pretty clear that Lord Reid was speaking on Third Reading of that Bill on behalf of the Government. If the right hon. Gentleman thinks that what Lord Reid was saying did not represent the Government’s position, he had better take it up with him. We have to go by what Hansard tells us.
(11 years, 1 month ago)
Commons ChamberWhen the Minister quotes the Offender Management Act 2007, will he do me the courtesy of looking at the Hansard for that period, when the Minister in question—that is, me—said that the vast majority of probation boards would stay in public ownership?
I quoted directly from the Act, and the right hon. Gentleman knows that I quoted correctly. I was asked a question about what the Act says. I quoted what it says. How he might have meant it to be interpreted is something else. I am afraid he and his hon. Friends must recognise that if they passed a law they did not mean to pass, that is not our problem but theirs.
(11 years, 6 months ago)
Commons ChamberGiven that a third of prison suicides take place in the first week, what risk assessment have the Government made of the changes to the regime in the first two weeks?
As the right hon. Gentleman knows from his previous ministerial experience, risk assessments are made for every prisoner when they arrive in prison. The changes we have announced to the prison regime are about ensuring that prisoners understand at the earliest possible stage that if they comply with the regime and engage with rehabilitation, they will be able to earn privileges. If they do not, they will not, but that does not affect the risk assessment process. I also point out that where there are exceptional reasons due to a particular vulnerability, governors have discretion not to apply those provisions.
(11 years, 9 months ago)
Commons ChamberI certainly agree that what people do is just as important as where they do it, and I congratulate those involved in the work that he described at Stafford prison. However, very often what people do is despite the environment in which they are working, rather than because of it, and my hon. Friend will accept readily, I am sure, that where we can provide newer accommodation, it will make it easier for people to do the good work on rehabilitation that he and I both support.
Does the Minister agree that with 800 or 900 prisoners a year from north Wales going outside north Wales, there is a need for prison accommodation in north Wales, but that the debate that he is having now would be better served by more discussion, more plans and a meeting with Members of Parliament to see whether we can reach some consensus?