Victims and Prisoners Bill

Debate between Diana Johnson and Edward Argar

Consideration of Lords amendments
Friday 24th May 2024 Commons Chamber

[Edward Argar]

It is a privilege to open this debate and bring the Victims and Prisoners Bill back to this House, slightly larger and more robust—a description that I fear, after nine years in this place, could apply to my physique too. A series of amendments were made in the other place that we believe strengthen the intentions behind the Bill.

At the outset, I express my gratitude to the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), and to the usual channels for their work in a very short timeframe to ensure that we are able to proceed with the Bill today. It is a pleasure to serve opposite the shadow Minister. He knows not only the huge respect but the fondness I have for him. Notwithstanding the six weeks of to and fro that I suspect we may have during the election, I want to put it on the record that I genuinely wish him very well for the future.

On Report in the House of Lords, we strengthened measures on victims to make it clear that compliance with the code is not optional and to bolster measures to hold agencies to account for its delivery. We also introduced measures to give a stronger voice to victims of offenders whose conditional release is considered by the mental health tribunal, to make it clear that victims who have signed non-disclosure agreements can make disclosures to much-needed support services without fear of legal action, and to raise the threshold for the disclosure of counselling notes for victims so that they can now only be disclosed where they are of substantial probative value.

We also tabled an amendment in the other place yesterday to create a new ground within article 17 of the UK general data protection regulation specifically for the victims of stalking and harassment to request deletion of personal data related to false allegations. The amendment will help protect victims from further distress caused by the retention of such data. I put on the record my gratitude and tribute to the hon. Member for Walthamstow (Stella Creasy) for raising the issue and campaigning on it, and to my friend the noble Baroness Morgan of Cotes for pursuing it in the other place.

I turn to Lords amendments to part 3 of the Bill relating to infected blood. I am grateful, and I know this country will be grateful, to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for her tireless campaigning in seeking to expose and tackle this national scandal and ensure that those who have been victims of it receive the support and compensation they deserve.

The Lords amendments do three crucial things. They impose a duty on the Government to establish a UK-wide infected blood compensation scheme within three months of Royal Assent; they establish a new arm’s length body named the Infected Blood Compensation Authority to deliver the compensation scheme; and they impose a duty on the Government to make interim payments of £100,000 to the estates of deceased infected people where previous interim payments have not been made.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am grateful to the Minister for all the work that he has done on the amendments, but could I ask him about the final group who have received not a penny—the parents who lost children and the children who lost parents? The Government have announced an additional £210,000 for those who were infected, to be paid within 90 days. There is no timescale for payments to people who have not received anything yet. Can he help the House understand when the payments will be made?

[Edward Argar]

I am grateful to the right hon. Lady, and I know that the hon. Member for Glasgow South West (Chris Stephens) has raised similar questions previously. I know that the right hon. Lady and others are in correspondence with my right hon. Friends the Prime Minister and the Minister for the Cabinet Office.

The questions raised are complex and detailed. My understanding is that Robert Francis will be spending June having those conversations with communities and with victims and families, so that he can work out the detail of the answers to those questions from the basis of what those families and communities want to see, rather than a Minister or anyone else pre-empting that. One of the key lessons that I and, I hope, the Government and this House have taken from the work the right hon. Lady has done is the need to listen to those affected, and that is what Sir Robert will be doing. I do not want to pre-empt that from the Dispatch Box.

[Dame Diana Johnson]

rose—

[Edward Argar]

I suspect that the right hon. Lady will want to enlarge on the point in her speech, but of course I will let her come back now.

[Dame Diana Johnson]

I am grateful. I just gently point out to the Minister that Sir Brian Langstaff told the Government in April 2023—over a year ago—to get on and make these payments. I have to say that work could have been undertaken in that period to get to the point where payments could be made quickly, and it is very regrettable that that has not happened.

[Edward Argar]

I entirely note, and the House and country will have heard, the points made by the right hon. Lady. She participated in the statement by the Prime Minister and the subsequent statement by the Minister for the Cabinet Office, which set out the work that he has undertaken at pace to make things move forward. What we see in this Bill is a hugely important step forward, and I look forward to Robert Francis working at pace to ensure that the views of those affected are genuinely reflected in the detailed answers to the questions that the right hon. Lady has posed.

Abortion: Offences against the Person Act

Debate between Diana Johnson and Edward Argar

Thursday 15th June 2023 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on section 58 of the Offences against the Person Act 1861.

[The Minister of State, Ministry of Justice (Edward Argar)]

Section 58 of the Offences against the Person Act 1861 is the offence of administering drugs or using instruments to procure abortion. I recognise that abortion is a highly emotive issue across the House, and I understand the strength of feeling on both sides of this debate.

The Government are committed to ensuring access to safe, legal abortion, and ensuring that all women in England and Wales have access to regulated abortion services on the NHS. I also want to be absolutely clear at the outset that, as you have alluded to, Mr Speaker, I am unable to comment on any decisions made by a court in specific cases. Decisions made by a court are based on the facts and evidence before the court, and are a matter for the court and the judiciary. Access to abortion in England and Wales has been settled in law by Parliament, and we do not intend to change this. It takes nothing away from our commitment to ensuring access to safe, regulated abortion.

Let me briefly set out the law as it stands. The Abortion Act 1967 allows for safe and lawful abortion in England and Wales. It defines the criteria under which abortions or terminations can legally take place. In effect, lawful abortions can be carried out in the first 24 weeks of pregnancy, where two doctors agree that the abortion is necessary and that it falls within one or more of four grounds. In practice, this means that access to an abortion is available to those who need and want it. Abortions beyond 24 weeks are also possible in more limited circumstances.

Abortions outside of these provisions are a criminal offence in England and Wales, while the criminal law in Scotland and Northern Ireland is a matter for the devolved Administrations. In England and Wales, the criminal law provisions in the Offences against the Person Act 1861 and the Infant Life (Preservation) Act 1929 have to be seen in conjunction with the provisions in the Abortion Act 1967, which provides exemptions to the criminal offences. The Government have a duty to see that the provisions of these Acts are properly applied, until and unless Parliament chooses to further amend the law. We believe that abortion continues to be a matter of conscience, and any changes to the criminal offences relating to abortion or to the Abortion Act 1967 would normally be subject to a free vote and a matter for Parliament, rather than a matter for His Majesty’s Government.

--- Later in debate ---

[Dame Diana Johnson]

Thank you, Mr Speaker, for allowing an urgent question on this important matter of public policy. As we know, earlier this week a mother of three children was sentenced to a period of imprisonment for ending her pregnancy and was prosecuted under section 58 of the Offences against the Person Act, a piece of legislation dating from 1861 that carries a maximum sentence of life imprisonment.

This case was desperately sad, and thankfully rare. It has been debated widely in the media and throws up important questions that merit an open debate in a healthy democracy. Crucially, though, it throws a spotlight on our antiquated abortion laws. Government and Parliament must look at this outdated legislation and make it fit for the 21st century. Can I therefore ask the Minister the following questions?

How do the Government reconcile the fact that women in Northern Ireland have already been removed from the criminal justice system by a vote in Parliament on 9 July 2019? The provisions of the Offences against the Person Act no longer apply in Northern Ireland, and there is a moratorium on abortion-related criminal prosecutions, so women in one part of the United Kingdom are treated differently from women in other parts of the United Kingdom in relation to the criminal law, which cannot be right.

Secondly, what is the Government’s view on the statement from leading medical bodies, including the Royal College of Obstetricians and Gynaecologists and the Royal College of Midwives, raising concerns about the chilling effect of the current legal position and of the custodial sentence in this case, which they say

“may signal to other women who access telemedical abortion services, or who experience later gestation deliveries, that they risk imprisonment if they seek medical care”?

Finally, as we know, decriminalisation does not mean deregulation, and time limits would still apply. Have the Government undertaken any review of the necessary regulation that would be required if the criminal law were removed from this area of healthcare law in England and Wales? And have they engaged with the royal colleges and Professor Dame Lesley Regan, the women’s health ambassador, on establishing a new regulatory regime for abortion that does not involve putting women in prison?

[Edward Argar]

As this is my first opportunity at the Dispatch Box this week, and as an east midlands Member of Parliament, I put on record that my thoughts are with the families and all those affected by the terrible incident in Nottingham. Our thoughts go out to that great city and all those involved.

It is important to remind the House that the right hon. Lady has taken a principled and passionate interest in this issue for many years. I will not comment on the specifics of the case. The House has heard her very carefully worded references and, if she will forgive me, I do not propose to add to them because there is still the possibility of further legal proceedings in that case and I do not want to pre-empt anything in that space.

The long-standing position remains that it is for this House to seek to make changes, if it so wishes, but not for the Government. As I said, any such vote would be, in normal process, a free vote and would be brought before the House in the context of a private Member’s Bill or perhaps through the tabling of a dextrous amendment, which I know some Opposition Members are not averse to doing, and with success.

The position in Northern Ireland is due to a decision made by the House, cognisant of the fact that there would be different regimes in Northern Ireland and in England and Wales. Again, we respect the will of the House in that respect.

Sentences are a matter for the courts. As the right hon. Lady said, Parliament set the maximum sentence at life imprisonment, and it is open to Parliament to change that if it so wishes, but the courts have to apply the law as set by this Parliament, or by a previous Parliament many, many decades ago.

I accept the right hon. Lady’s final point that any change would not be about deregulation, and I heard her make that point very clearly on the radio a few days ago, seeking to frame it in a public health or health context, rather than a criminal context. Again, that is a matter for the House, not for the Government.

I am not aware of any specific conversations between the Government and the royal colleges and others on regulation. Were Parliament to show its will and seek to change the law, the Government would, of course, work to implement the will of Parliament effectively and efficiently.

Oral Answers to Questions

Debate between Diana Johnson and Edward Argar

Tuesday 1st March 2022 Commons Chamber

[Edward Argar]

My hon. Friend is, as ever, persistent and tenacious in his advocacy of Long Crendon’s surgery plans; not only at the Dispatch Box but whenever he runs into me around this place, it is often the first thing on his lips. I will continue to work with him on the surgery bid and I encourage him to continue to work with his local NHS systems.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Will the Secretary of State meet me as chair of the all-party parliamentary group on sexual and reproductive health in the UK? Can I bring along the Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the Royal College of General Practitioners, the Royal Pharmaceutical Society and the Faculty of Sexual and Reproductive Healthcare to explain why the decision to remove telemedicine is wrong for women in this country?

NHS England Funding: Announcement to Media

Debate between Diana Johnson and Edward Argar

Monday 25th October 2021 Commons Chamber

[Edward Argar]

I entirely appreciate where my right hon. Friend is coming at this from. I hope that, in answering my right hon. Friend the Member for Forest of Dean (Mr Harper), I was clear that we hugely value the amazing work done by all our NHS workforce. This is about providing them with the money and resources they need to do the job, but also stimulating reform and innovation alongside that. The final point made by my right hon. Friend the Member for Epsom and Ewell (Chris Grayling) was about the calls by some for particular policy approaches to this winter by Her Majesty’s Government. He will have heard my response to that on various media outlets on Thursday morning.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

We are all agreed across the Chamber on the importance of the workforce in the NHS and social care. Will the Government consider—alongside a decent pay rise—a covenant to protect and support our NHS and social care staff, akin to the one that they are introducing for the police and the one that we already have for the armed forces?