Shrewsbury 24 (Release of Papers)
Baroness Laing of Elderslie Excerpts(10 years, 10 months ago)
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Jim Sheridan (Paisley and Renfrewshire North) (Lab)
On a point of order, Madam Deputy Speaker. On three occasions, the hon. Gentleman has been asked to clarify his position and to address the motion. He is not in any way discussing the motion. Will you perhaps advise me? Time is moving on and many hon. Members wish to speak, but he is clearly filibustering to waste time.
Madam Deputy Speaker (Mrs Eleanor Laing)
I appreciate the hon. Gentleman’s point, but it is not possible for a Member of the House to filibuster while I am listening carefully to what is said and making sure that it is relevant to the matter before us. The hon. Member for Aldershot (Sir Gerald Howarth) has explained that he is coming to the main point of his argument. I have allowed him to develop his argument, as is perfectly in order, but he is an experienced parliamentarian and will know that he must come to the very point of the matter. I will be very strict this afternoon in making sure that all speeches are within the scope of the matter before us and are properly in order.
Sir Gerald Howarth
I am most grateful to you, Madam Deputy Speaker. Hon. Members should accept that the question whether the remaining papers that have not been released to the National Archives should be revealed is a pertinent one. In debating, as we are, the issues surrounding the cases, particularly two of the cases, it is highly relevant to question whether the papers should be revealed.
Before I was interrupted, I was quoting Mr Justice Mais, the trial judge. He went on to tell the six people before him:
“Some of you were clearly determined to strike terror in the hearts of those who continued to work.”
That was a very serious crime indeed. Furthermore, the case went to appeal and, to quote The Times editorial of 20 December 1974, the Court of Appeal judge said:
“There was at each site a terrifying display by pickets of force and violence actually committed or threatened against buildings, plant and equipment; at some sites, if not at others, acts of personal violence and threats of violence to the person were committed and made. Persons working on the sites and residents near by were put in fear.”
That should not be tolerated in our country, and it should not be supported by Opposition Members.
Mark Durkan (Foyle) (SDLP)
The hon. Gentleman has quoted the Court of Appeal judge. He was the same judge on whose verdict the hon. Gentleman relied for many years in resisting the case for a new inquiry into Bloody Sunday and so on. Is he confident that his reliance on Widgery today—
Madam Deputy Speaker
Order. In interventions as well as speeches, hon. Members will stick to the matter before us. [Interruption.] Order. The hon. Gentleman may make his point, but he must refer to the matter before us, from which he was straying very considerably.
Sir Gerald Howarth
I also want to refer to people who have spoken more recently about the issue. An article from Wales on Sunday of 27 January 2013 in the debate pack provided to Members—so it must be relevant, Madam Deputy Speaker—states that
“Peter Starbuck, who says he was Oswestry’s largest contractor at the time, claims violence and intimidation were a routine part of the strikers’ tactics and the convictions are sound. And bricklayer’s labourer Clifford Growcott has described how he was ‘punched and kicked like a football’ during the strike.”
I am astonished that Opposition Members want to side with people convicted of using that sort of violence against their fellow human beings.
Sir Gerald Howarth
I will address that point in one moment. I only wish to make two further points and one of them will address the hon. Lady’s question.
Robert Carr, who became a peer in the other place—I will continue to refer to it as the other place, Madam Deputy Speaker—was accused of conniving with the police and the security forces at the behest of the construction industry. That is a conspiracy theory. Those of us who knew Robert Carr cannot imagine that he was anything other than a charming, polite and reasonable Home Secretary. I do not think that he was in the business of conniving.
Let me conclude by coming to the point that has been raised a number of times.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I say to the House and to the hon. Gentleman that if he concludes his speech in the next two to three minutes, he will have taken the same amount of time as the proposer of the motion. That would be reasonable.
Sir Gerald Howarth
I am most grateful, Madam Deputy Speaker, for that guidance. I will fully comply with the implicit request.
I put it to Opposition Members that it is not only the current Lord Chancellor who has reviewed these matters. I have not spoken to him about the matter, but I understand that he has done so recently. He has considered that there is no reason to change the decision of previous Lord Chancellors. Lord Irvine was Lord Chancellor in 2002 when the 30-year rule would have applied. The right hon. Member for Blackburn (Mr Straw) later became Lord Chancellor. Labour’s Lord Chancellors all concluded that it was not appropriate for certain of the papers to be revealed. [Hon. Members: “Where are they?”] Labour Members must address that question to the right hon. Member for Blackburn. I have no responsibility for bringing him to the Chamber to provide answers on these matters. He is a Member of the Labour party, not of my party.
It is important that we put it on the record that successive Lord Chancellors have looked at this issue and deemed it appropriate that certain papers, supplied or otherwise relating to the intelligence services, should not be released to the National Archives. I am not privy to what those papers are. I dare say that I would like to look at them. However, I repose my trust in Lord Chancellors, whether Conservative or Labour. They should be responsible for determining whether our national security would be imperilled.
To conclude, in the 1970s, when the nation was being held to ransom by strikes all over the country, people like me and my new wife were stocking up with provisions in case there was a shutdown, and Ross McWhirter of the “Guinness Book of Records” and I were looking at how we might produce a newspaper to get information out to the public when the newspapers were being closed down by trade union militants. That was the mood of the nation at the time. It is important that the country understands that. This case arose out of that mood.
Thank goodness for this country that we had a Conservative Government, led by a real Conservative in Margaret Thatcher, who restored the power in trade unions to their members. Today, we have the evidence. The number of working days lost to strikes in 2012 was not 10 million, let alone 30 million. It was not even 1 million. It was 250,000. That is testimony to the fundamental reform of trade union relations that was carried out in this country. The United Kingdom has prospered ever since.
Probation Service
Baroness Laing of Elderslie Excerpts(11 years ago)
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Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Owing to the high demand for time to speak, I have had to impose a time limit on Back-Bench speeches of six minutes.
Church of England (Women Bishops)
Baroness Laing of Elderslie Excerpts(11 years, 11 months ago)
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Mr Bradshaw
The hon. Gentleman is absolutely right. New Zealand, Australia, the United States, Canada and South Africa all have women bishops, and they have systems that are without any legislative alternative for episcopal oversight; they have voluntary pastoral care. From what I hear, that works well and people are perfectly happy with it, and the women bishops themselves deal with it very sensitively.
Mrs Eleanor Laing (Epping Forest) (Con)
Would it help the right hon. Gentleman’s argument if I pointed out that the Church of Scotland, which is also the established Church, and which has no bishops or hierarchy, has no problems whatsoever of discrimination against women? It has had women ministers for many years, and indeed a woman Moderator of its General Assembly, without any adverse effects.
Mr Bradshaw
Yes, indeed, and I commend the Church of Scotland for that. Of course, the Scottish Episcopal Church, which is the sister Church of the Anglican Church, legislated for women bishops about 10 years ago. I do not think that it has appointed any yet, but that is already possible and the heavens have not fallen in north of the border.
When the Minister and the hon. Member for Banbury respond to the debate, I hope that they feel they can comment on the various suggestions for legislative solutions that we have collectively received. I also hope that the hon. Member for Banbury can reassure us that the bishops have an acceptable plan that will work, and work quickly. In the crisis meeting that was held between the bishops and Members of this House and the other place the day after the Synod vote, I was struck by the total unanimity from MPs and peers on the view that the vote had been a disaster for the Church, that the matter had to be resolved quickly and that, if it was not, Parliament would act.
Mr William Fittall, secretary-general of the General Synod, has said:
“Unless the Church of England can show very quickly it’s capable of sorting itself out, we shall be into a major constitutional crisis in Church-State relations, the outcome of which cannot be predicted with any confidence.”
Some people might relish such a prospect. I and, I believe, most Members of this House and most members of the Church of England do not. That is why together we must find an urgent solution to this damaging impasse.
Voting Eligibility (Prisoners)
Baroness Laing of Elderslie Excerpts(12 years ago)
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Chris Grayling
It is unlikely; the indications from the Court are that a level of reform of that kind would be sufficient to satisfy it that we had conformed to the judgment. That is one reason we have put that option in the Bill for consideration. A number of people have suggested more minor changes, but we do not believe that those would be sufficient to satisfy the Court. One can never say never about anything, but our expectation and belief is that that option would end this matter for the foreseeable future.
Mrs Eleanor Laing (Epping Forest) (Con)
What sanctions are available to the European Court of Human Rights to apply against the UK Government if they are judged not to have complied with the judgment sent down?
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Laing of Elderslie Excerpts(13 years ago)
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Guy Opperman
I did not expect to be attacked by my own side for my former profession. I agree that we all need to accept that when we make mistakes we should own up to them, and that goes for politicians, too.
In fairness, I should speak to the amendments. Surely the point is that there should be a statutory duty of candour in the health service, and that is what is missing. If it needs any encouragement, I know of three separate reports that deal with it: the Levinson and Gallagher report, “Disclosing Harmful Medical Errors to Patients”; the Robins report in the Law Society Gazette; and “Why do patients complain?”, from the Association of Personal Injury Lawyers. All three reports, and reports from across the world—there is good evidence in Australia and New Zealand—show that where there is openness and admission of blame, the amount of litigation subsequently goes down, rather than up. For nine out of every 10 clients I saw as a professional barrister practising on clinical negligence, the first two questions they asked were: “Why did they not apologise?”; and “What will be done to ensure that it does not happen to anyone else?” Nine out of 10 clients would fully understand that no doctor gets up in the morning and makes a mistake deliberately. They understand that it is because they are making clinical errors under intense pressure. In that respect, those are the things that need to be addressed by the Health Secretary, rather than in the Bill.
Mrs Laing
Does my hon. Friend agree that the difference between mistakes made by his profession, which is also my profession—I speak to him with sympathy—and those made by the medical profession is that in the case of the latter the consequences can be truly tragic and cannot be put right? Therefore, there must be some mechanism that is open, understandable and available to the public as a whole to try to help when something goes tragically wrong and affects a person’s life.
Guy Opperman
With respect, there are ways forward on those issues, not least the idea of a joint report to be completed by a defendant and the claimant together. It would be easy for the Health Secretary to address that by ordering individual chief executives, particularly in relation to cerebral palsy cases, to provide an independent expert’s report assessing the birth. If that happened, litigation would go down, as would the funding to the taxpayer, and we would have speedier and better resolution of these issues. I regret to say that those sorts of things have been said by a number of Members in both Houses in the past and no one has addressed it. However, I stress that that is a matter for the Health Secretary, rather than one that arises out of the Bill.
I am conscious of the time and want to address the other points that have been made; I apologise that I did not do this on Second Reading, but clearly I could not be present in the House at the time. I accept entirely the points made by the hon. Member for Kingston upon Hull East about the fear of the loss of legal aid, and I will address individual children’s cases, in particular, in a moment. The fear of the loss of legal aid is not something that is new to the legal profession, or in relation to negligence or the practice of personal injury law. Those same issues arose throughout the 1990s and 2000 in relation to the Woolf reforms, and many of us who were practising barristers at the time were concerned that individual litigants would be unable to go to the personal injury courts or elsewhere and bring litigation. With no disrespect to the submissions made, the matter has not been resolved, and on this particular issue conditional fee agreements have without question filled the gap. They have been extremely successful—some, including certain Ministers, would say almost too successful—at filling the gap where legal aid previously existed.