Online Pornography: Age Verification

Desmond Swayne Excerpts

Thursday 17th October 2019 Commons Chamber

[Matt Warman]

I sympathise with what the hon. Lady seeks to achieve, but we can do more by going slightly slower. As I have said, we will respond to the consultation by Christmas and bring forward legislation for prelegislative scrutiny in the new year. I hope that she will work with us on that. We will, of course, seek to bring forward this part of that agenda much more rapidly than the whole package, because, as she says, this is hugely important. Getting it right is important, but getting it enacted quickly is also important.

[Sir Desmond Swayne (New Forest West) (Con)]

Does the Minister recall the nerve required to reach for Health and Efficiency and the looks at the counter as it was put in a paper bag? What is out there now makes H&E look like a nursery rhyme. His approach really is going to be comprehensive, is it not?

[Matt Warman]

I am afraid I am too young to recall precisely the experience to which my right hon. Friend refers—and I am sure he was speaking on behalf of others, rather than himself. However, he is absolutely right that what is out there on the internet now pales into insignificance compared with everything that was printed for newsagents. That is precisely why we have to go so much further.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 11th April 2019 Commons Chamber

[The Solicitor General]

The hon. Gentleman is right to raise this deeply concerning issue. I am happy to report that there have been a number of successful prosecutions of gangs who engage in this despicable and criminal behaviour. That is as a result of a change of culture that means the victims of these crimes are taken far more seriously than they were even a few years ago. So there is progress.

[Sir Desmond Swayne (New Forest West) (Con)]

3. If he will make an assessment of the effect of social media on the administration of justice.

[The Solicitor General (Robert Buckland)]

The response to the call for evidence on the impact of social media on the administration of justice was published on 5 March this year. We concluded that, whereas at present social media are not having a widespread impact on the trial process, this may not remain the case if the issues identified are not addressed. The Government are responding in a number of ways, including a new gov.uk webpage to support the public in understanding how they can responsibly comment on criminal trials in social media.

[Sir Desmond Swayne]

Do users, who appear to have an opinion on everything, have any idea what the law actually is?

[The Solicitor General]

I do sometimes wonder. It should be as plain as a pikestaff to anyone that the criminal trial process has to have integrity and be based on the evidence heard in court. That is why the new contempt online webpage sets out clear and accessible information for the public on what might be considered contempt. I reassure my right hon. Friend that the law officers take robust action where there is evidence of contempt.

Leaving the EU: Mobile Roaming Charges

Desmond Swayne Excerpts

Thursday 7th February 2019 Commons Chamber

[Jeremy Wright]

The hon. Gentleman expressed a commendable interest in my diary for yesterday. Let me remind him that I was having meetings on the subject of online harms, which he and I had discussed on what I thought was a cross-party basis some time before he made his speech yesterday. I was also spending some time discussing problem gambling with the banks and with the all-party parliamentary group on gambling related harm, which is led by his hon. Friend the Member for Swansea East (Carolyn Harris).

I know that the hon. Gentleman cares about both those subjects and would wish me to spend time on them, but he need not worry, because I have also been spending some time on this subject. Having done so, I can tell him that it will be discussed by this House because this is an affirmative statutory instrument. The Government have set out their view that it should be an affirmative statutory instrument, which will give the House an opportunity to debate this subject, so the hon. Gentleman or one of his colleagues will be able to discuss the matter in some detail when that debate is reached.

The hon. Gentleman says that we are caving in to the mobile phone operators, but the reality is that when we leave the European Union—that is what is going to happen, because the Government and the Opposition, if I understand their current position correctly, intend to respect the outcome of the 2016 referendum—it will not be possible for the UK Government to force our rules and expectations upon EU mobile phone operating companies. So if those companies choose to charge British mobile network operating companies at a wholesale level, one of two things will happen: either that cost will be passed on to those who are using their mobile phone abroad, or it will be spread across all mobile phone users on that network. That is the choice.

The decision we have made is to ensure that consumers are given the best possible protection in the event of leaving the EU with no deal. I have made it quite clear that that is not the Government’s intention, however. We worked very hard to get a deal, and we would be grateful for the hon. Gentleman’s help on that, but it is important to recognise what we can do and what we are doing. We are making sure that those elements of the current EU regime that can be transferred into domestic law are transferred into domestic law. Making sure that consumers cannot spend more than the amount that is currently provided for in EU law without understanding that they are doing so is an important consumer protection, as is letting people know how much of their data they have already used. That is what we can do, and that is what we should do in the event of no deal.

If the hon. Gentleman is concerned, as I am sure that we all are, to avoid some of the unpleasant consequences of no deal, the good news is that he can help. He and his colleagues can vote for a deal. We are still waiting for the Opposition to take a responsible position on avoiding the no-deal consequences that they come to the House to complain about.

[Sir Desmond Swayne (New Forest West) (Con)]

Is not a competitive market the best answer?

[Jeremy Wright]

Of course, we have a competitive market, but that is perfectly compatible with providing consumer protections. Where there are sensible consumer protections in place under EU law and we can transfer them into domestic law, that is what we should do. In this case, that is what we are doing.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 31st January 2019 Commons Chamber

[Jeremy Wright]

As I have set out, we expect the BBC to honour that commitment. We made it clear that we expected the BBC to take on responsibility for that concession, and it agreed to do so. That was clear to all in 2015. While the hon. Gentleman is on the subject of promises, perhaps he or one of his colleagues can explain what Labour’s view on this is. Labour Members criticise us for passing that commitment on to the BBC. Will the Labour party in government take it back? If so, how will it pay for it?

[Sir Desmond Swayne (New Forest West) (Con)]

With the exception of God’s grace, nothing should be free. It distorts markets and misallocates resources, doesn’t it?

[Jeremy Wright]

As ever, I admire my right hon. Friend’s ideological purity. It is important that we make sure the BBC continues to provide an excellent service to all those who watch television. That is what it is committed to doing, and it has agreed to take over responsibility for a very specific concession. It is one of many concessions, of course; the others remain entirely unaffected.

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[The Attorney General]

The hon. and learned Lady, who is a lady of great distinction in the legal profession, knows quite well that I am bound by the Law Officers’ Convention. I realise why she is trying to tempt me to give fuller answers, but I cannot disclose either the fact or the substance of any advice that I may have given. As for her substantive question, I suggest that she address it to the Secretary of State.

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he has had discussions with the Secretary of State for Justice on reforms to the oversight of solicitors.

[The Solicitor General (Robert Buckland)]

I have had regular meetings with the Secretary of State for Justice, in which we have discussed a range of policy matters including regulation of the legal professions. Legal services in England and Wales are independently regulated in accordance with the framework set out in the Legal Services Act 2007. Solicitors are regulated by the Solicitors Regulation Authority, which prosecutes solicitors and firms where necessary.

[Sir Desmond Swayne]

If the SRA cannot and will not compensate the EcoHouse investors, it is ripe for reform, is it not?

[The Solicitor General]

My right hon. Friend tempts me down a path leading to the SRA’s discretion with regard to compensation. I am grateful to him for raising an important issue that concerns many colleagues in the House. I think it best that we take these matters up not just with the Ministry of Justice, but with the SRA itself.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 13th December 2018 Commons Chamber

[The Solicitor General]

The CPS in Northamptonshire and the east midlands, like in all other regions, acknowledges that it should never rest on any laurels it might gather. I urge my hon. Friend to meet the chief Crown prosecutors and staff to focus on particular areas where he thinks the CPS in Northamptonshire and the east midlands needs to make progress. Recent quarterly and monthly figures show that in many areas, such as burglary, it has been above average, but I am sure it would welcome his constructive input.

[Sir Desmond Swayne (New Forest West) (Con)]

8. What recent assessment he has made of the effectiveness of the CPS in prosecuting crimes involving corrosive substances.

[The Solicitor General (Robert Buckland)]

Corrosive substance attacks are unacceptable. There is no place in society for these horrendous crimes. Last month, the CPS successfully secured the conviction of nine men for carrying out a violent attack in which a corrosive substance was squirted at bystanders who tried to stop an assault in the street.

[Sir Desmond Swayne]

What account is taken of gangs in this context?

[The Solicitor General]

My right hon. Friend is right to raise the sad connection with gang offending. Sadly, corrosive substances are sometimes used as weapons by gangs in retribution and as a means of enforcement. The CPS guidance identifies that phenomenon and encourages prosecutors to apply for criminal behaviour orders to prevent such gang-related offending.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 1st November 2018 Commons Chamber

[Jeremy Wright]

As the hon. Lady will know, rules already exist around the handling of money in relation to criminal activity, and it is important that we have as much transparency as possible. I will consider her specific point and, if she will forgive me, get back to her on it.

[Sir Desmond Swayne (New Forest West) (Con)]

What has been the impact of the reduced rent to small clubs arising from revisions to the electronic communications code? That did not happen on the Secretary of State’s watch, and it was not intended, but it has been a disaster, has it not?

[Jeremy Wright]

I cannot agree with my right hon. Friend. With the electronic communications code, we have attempted to ensure that property owners cannot prevent the roll-out of new infrastructure that is needed to ensure that this country has proper coverage for mobile and broadband, and that will have to continue. We of course want to ensure that people are properly remunerated, but they cannot hold the whole process to ransom.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 21st June 2018 Commons Chamber

[Matt Hancock]

Yes; the hon. Gentleman is a man after my own heart. The outcomes from the NCS are incredibly positive, and that will always be at the forefront of our minds.

[Sir Desmond Swayne (New Forest West) (Con)]

When we conceived the NCS, the ambition was that it would be so good that it would become universal. Does that still hold?

[Matt Hancock]

I would like it to become universal, but we are not requiring it to be universal because we want people to want to be on the programme. However, I think the message is increasingly getting out there that this should be done.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 10th May 2018 Commons Chamber

[Tracey Crouch]

The Government are committed to the current policy on all-seater stadiums. For this to be different, legislative change would be required. We will have a longer debate on this matter on 25 June, when I am sure we will be able to have a much more engaged discussion on it.

[Sir Desmond Swayne (New Forest West) (Con)]

I am a Bournemouth supporter. Would the provision of safe standing not discourage those people who insist on standing throughout the match in the seating areas, which is much more dangerous?

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[Chris Philp (Croydon South) (Con)]

3. What recent assessment he has made of the effectiveness of the unduly lenient sentence scheme.

[Sir Desmond Swayne (New Forest West) (Con)]

6. What recent assessment he has made of the effectiveness of the unduly lenient sentence scheme.

[The Attorney General (Jeremy Wright)]

The unduly lenient sentence scheme remains an important avenue for victims, family members and the wider public to ensure that justice is delivered. In 2017, the Solicitor General and I referred 173 cases to the Court of Appeal for consideration. Of those, the Court agreed that 144 sentences were unduly lenient and increased 137 of them.

[The Attorney General]

I agree with my hon. Friend. In the time that we have held our positions, the Solicitor General and I have been very keen to ensure that there are no procedural barriers to prevent anyone making use of the unduly lenient sentence scheme. There is no particular rubric or form that needs to be filled in. All that anyone who is concerned about a criminal sentence needs to do is to contact the Attorney General’s office. If the case is within the scheme, we will look at it. What will then happen is that if either the Solicitor General or I believe that a sentence is unduly lenient, we will make a reference to the Court of Appeal. In the end, the Court of Appeal will decide.

[Sir Desmond Swayne]

All sentences are too lenient. What is the Attorney General going to do to extend the scheme?

[The Attorney General]

I am not sure that I agree with the first part of my right hon. Friend’s question, but in answer to the second part, he will know that the Conservative party has now set out in two successive general election manifestos our commitment to extending the scheme. He will know that we have made a very good start by extending it last August to several additional terrorism offences. He and I both hope that we will be able to go further.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 8th February 2018 Commons Chamber

[Margot James]

Northern Ireland’s outdoor geographic coverage is better than the UK average, but I recognise that indoor coverage is poor compared with the rest of the country. The new code reforms will help, alongside our desire to extend geographic mobile coverage to 95% of the entire United Kingdom.

[Sir Desmond Swayne (New Forest West) (Con)]

Are 10 megabits enough?

[Margot James]

My right hon. Friend refers to the universal service obligation that will guarantee 10 megabits per second. According to Ofcom, that is enough for multiple usage in the home, and for downloading film and video.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 21st December 2017 Commons Chamber

[Ms Nusrat Ghani (Wealden) (Con)]

Happy Christmas to you, Mr Speaker, and to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who does not seem to have any Christmas spirit.

[Sir Desmond Swayne (New Forest West) (Con)]

Humbug!

[Ms Ghani]

Does the Minister agree that national lottery funding should also be made available to smaller charities? Although they may help fewer people, in my constituency of Wealden there are very few options for vulnerable young and old people. In particular, clued-up.info in Crowborough helps teenagers; Sussex Oakleaf in Hailsham helps people with mental health issues; and the Now! Charity Group provides furniture for unemployed people and those on low income across East Sussex.

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[Mr Speaker]

Sir Desmond Swayne.

[Sir Desmond Swayne (New Forest West) (Con)]

rose—

[Mr Speaker]

So attentive was I to the words of the Attorney General that I failed to realise that we have not yet heard the supplementary question. Let’s hear the fellow: Tanmanjeet Singh Dhesi.

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[Sir Desmond Swayne]

Can it be forthcoming for the victims who have reported these serious frauds but then hear absolutely nothing?

[The Attorney General]

That should not happen, but I know that my right hon. Friend will recognise that these are, by their nature, complex investigations and that it can take the SFO a large amount of time to get through all the relevant material in order to make a judgment. If he has a specific case in mind, I am sure that he will let me know so that I can look into it.