Oral Answers to Questions

John Whittingdale Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Damien Moore (Southport) (Con)]

7. What steps his Department is taking to support an investigation into potential war crimes committed by Russia in Ukraine.

[Mr John Whittingdale (Maldon) (Con)]

8. What steps his Department is taking to support an investigation into potential war crimes committed by Russia in Ukraine.

[David Duguid (Banff and Buchan) (Con)]

11. What steps his Department is taking to support an investigation into potential war crimes committed by Russia in Ukraine.

--- Later in debate ---

[Dominic Raab]

My hon. Friend will know that, because of the Sergei Magnitsky regime for asset freezes and visa bans for anyone who has committed serious human rights abuses, we already have that capacity in place. That is on top of the further co-operation that we will provide with the ICC and, I should mention, that the Attorney General will provide with the prosecutor general of Ukraine.

[Mr Whittingdale]

Does my right hon. Friend agree that, while the shelling of civilians is itself a war crime, any use of chemical or biological weapons, as predicted by President Biden today, would be a breach of the Geneva protocol and the chemical weapons convention and would most certainly be a war crime?

[Dominic Raab]

My right hon. Friend is absolutely right. I am always careful to allow the ICC, of which both the prosecutor and the chambers of the Court are independent, to make those determinations, but the points of principle that he has set out are absolutely right. There must be no impunity for those in Moscow or the commanders on the ground who commit those atrocities.

Strategic Lawsuits Against Public Participation

John Whittingdale Excerpts

Thursday 17th March 2022 Commons Chamber

[Dominic Raab]

The hon. Gentleman is absolutely right and makes one of the most important points. If he looks at the call for evidence and the menu of options that we set out, we look at the threshold for bringing SLAPPs and whether there ought to be a new right of public participation. We look at the various defences in defamation law to see whether they are sufficient to deal with this problem. That includes the public defence and the serious harm test of a defamatory statement. We are trying to look at it from every angle. I should add for completeness that we will look at whether we are getting the right balance in terms of being an attractive destination for litigants to want to solve disputes, which is a great USP for the country, and whether we have allowed and given succour to libel tourism in this particularly pernicious area. We will look at all those things and I look forward to his further thoughts in those areas.

[Mr John Whittingdale (Maldon) (Con)]

I, too, warmly welcome my right hon. Friend’s statement. As he said, however, SLAPPs are an international phenomenon that are used across Europe to stifle investigative journalism. Most notorious, perhaps, are the 47 lawsuits that were being brought against Daphne Caruana Galizia at the time of her murder in Malta in 2017. Does he therefore agree that protecting freedom of the press properly will require international action? Can he say what discussions he has had with his counterparts in other jurisdictions to bring about co-ordinated action?

[Dominic Raab]

My right hon. Friend is absolutely right. I mentioned the European figures; it is clearly a much broader phenomenon. One of the things that we have looked at is the threshold. To give an illustration of a jurisdiction that we have looked at, in the United States, there needs to be malice, I think, for most libel cases. Under the US constitution, there are a whole series of judicially enforceable rights that are probably stronger than in this country under the European convention on human rights or otherwise in relation to free speech. We will look carefully at the bespoke libel laws that we have and we are mindful of the lessons that we can learn from other jurisdictions.

Ukraine

John Whittingdale Excerpts

Tuesday 22nd February 2022 Commons Chamber

[The Prime Minister]

The best way to avoid a refugee crisis is for President Putin to de-escalate, and the best way to get him to de-escalate is for the west to be united. That is why we are implementing the package of sanctions that I have described, together with our friends.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. Friend aware that just eight years ago this month 100 Ukrainian citizens died under sniper fire in the Maidan protest against the pro-Russian corrupt Administration of Viktor Yanukovych? Does he agree that the courage and the willingness of Ukrainians to give their lives in the fight for freedom and democracy in their country demonstrates that any further invasion is bound to lead to horrendous bloodshed on both sides?

Human Rights Legislation

John Whittingdale Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

I always enjoy engaging with the right hon. Lady on these subjects. She will see a list of the cases set out, the diagnosis, in both the IHRAR report by Sir Peter Gross and the consultation document. She will not have had a chance to read it cover to cover yet, but I encourage her to do so. She talks about it as if there is only one way to incorporate or implement the ECHR in UK law, but there is no one on either side of this debate who thinks that that is the case. We had proposals. I remember that when I sat on the Joint Committee on Human Rights there was consideration of a next stage of a Bill of Rights which took a different approach. We have seen in every Council of Europe member state different ways of enacting the ECHR, so I gently say to her that the convention and how it is interpreted and applied, in particular the operation of the separation of powers between the judicial, the Executive and the legislative branch, can be done in different ways and we want to sharpen that demarcation.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend agree that recent court judgments appear to have extended privacy law in this country against the provision of section 12 of the existing Human Rights Act and without the debate or approval of Parliament? Can he say whether his reforms will strengthen section 12 to right the balance, and will he stress once again the importance of freedom of expression?

[Dominic Raab]

My right hon. Friend, as ever, hits the nail on the head. We will be looking precisely at that provision. We think it was introduced with a legitimate aim. It is one of those things that we actually support, but that has not delivered the kind of emphasis and protection around freedom of speech. I agree with the point that he made about avoiding the incremental extension of continental-style privacy law into the UK; we have a common law tradition, and tend to have a greater emphasis on free speech and transparency. That is coupled with the EU influence—I do not want to get wholesale into that debate, but he will remember proposals for a right to be forgotten—and the sensitivities that we increasingly see around debate, which, in this Chamber, in our country and in our society, we have to protect, and our proposals will allow us to do just that.

Committee on Standards: Decision of the House

John Whittingdale Excerpts

Monday 8th November 2021 Commons Chamber

[Chris Bryant]

I am very grateful to the right hon. Gentleman and acknowledge the apology that he has given on behalf of the Government. None the less, the whole of Parliament is still in a bit of a hole. We still have a motion that was carried last week, which leaves the question of Mr Paterson’s conduct hanging in the air. Earlier today, I gave a draft of a motion that, were the Government to table it tonight, could be considered by the House tomorrow. I think that it would have the support of the whole House in clearing up the fact that, as you referred to, Mr Speaker, we have not actually decided whether Mr Paterson’s behaviour was inappropriate. I think the whole House now accepts that it was. Secondly, we have created a Committee which, I think, even the right hon. Member for Maldon (Mr Whittingdale), who is meant to be chairing it, does not want to be on any more.

[Mr John Whittingdale (Maldon) (Con)]

indicated assent.

--- Later in debate ---

[Chris Bryant]

I am grateful for that point. It is true that the right way for the House to progress, on a cross-party basis and with the advice of independent members of the public, is for us to complete our job of work, which we will have done by Christmas, I am sure, and perhaps even by the end of this month—I do not want to prejudge what the Committee will decide—and to publish that. There will then be an opportunity for the whole House to consider the matter. We would probably want then to produce a further report, which would be our final report on the draft code and its operation.

Incidentally, the current system has not been in place for very long. The mixture of the independent expert panel for ICGS cases and the Standards Committee has been in place, arguably, only since 7 January 2019 when the right hon. Member for South Northamptonshire (Dame Andrea Leadsom) introduced really important changes to the House, which were much valued by staff and Members across the House and by the public. In fact, the independent expert panel started its work only in January of this year, There is this idea that we should suddenly tear it all up and start all over again, but if I had only one thing to say to the House, it would be: let us just slow down. Let us consider this properly in the round, taking all the different issues together.

None the less, we do still need to tidy up what happened last week. I can see a lot of Conservative Members agreeing with that. I gently say to the ministerial team here that, if we want it, there is an opportunity for us tomorrow. We have two outstanding issues: one is the creation of the Committee, which the right hon. Member for Maldon (Mr Whittingdale) does not want to serve on, even though he is meant to be the Chair. I certainly hope that he is better from his covid.

[Mr Whittingdale]

indicated assent.

[Chris Bryant]

Secondly, of course, we all accept that Mr Paterson has left the House; he is no longer a Member. We cannot impose a sanction on him, as you said yourself, Mr Speaker, but, unfortunately, the House took a view on the report last week, which was basically to suspend it in mid-air. The motion, I suggest, would be a very simple one that we could consider tomorrow. It will be in all of our interests—the whole of the House —to get this sorted tomorrow. It would say that notwithstanding the practice of this House relating to questions already decided in the same Session, this House, first, rescinds the resolution and order of 3 November 2021 relating to the third report of the Committee on Standards (HC 797) and the appointment of a new Select Committee; secondly, approves the third report of the Committee on Standards; and, thirdly, notes that Mr Owen Paterson has been disqualified as a Member of this House. I think that would be in the best interests of the whole of the House, and then we could move forward.

One final point: we really struggled to create the ICGS and the independent expert panel. The right hon. Member for South Northamptonshire did a magnificent piece of work in trying to get cross-party support for all of that. We promised that the standards system would be independent, because that was the guarantor for the staff who felt that they had been bullied or sexually harassed. We cannot do anything that undermines that. Independence, fairness and justice should be the bywords not just of the Standards Committee, but of the whole of the House.

--- Later in debate ---

[Wendy Chamberlain]

I thank all Members for their presence today and all those who made contributions. Mr Speaker, I hope the tenor of the debate met your expectations. Let me be clear that my intention in applying for the debate was simply what it says in the motion: to make an initial assessment of the consequences, far beyond the case of the former Member for North Shropshire. I was also compelled to act by the comments made in relation to the future of the current independent standards commissioner. I reiterate many of the comments made from throughout the House in support of her.

There are obviously a number of things already under way, including the review of the code of conduct that the Chair of the Standards Committee referred to, but the variety of standards and codes that have been raised in today’s debate suggests that they need to be aligned and streamlined. A number of issues have been raised, such as the work of the Committee, the commissioner and appeals, as well as issues outside the direct scope of the debate, such as cash for honours, the awarding of contracts and ministerial codes of conduct. All those things need to be looked at.

Last week’s vote had direct consequences that need to be addressed. I note the suggestion by the Chair of the Standards Committee, which seems to fit the suggestions of both the hon. Member for North Dorset (Simon Hoare) and the right hon. Member for Forest of Dean (Mr Harper). I agree that we should take them forward.

Last week’s actions by the Government were a clear Executive overreach, and the Prime Minister has serious questions to answer. The Chancellor of the Duchy of Lancaster suggested that there was regret on the Government side and among ministerial colleagues, so I am disappointed that the Prime Minister is not here. However, when he has had the opportunity to apologise, such as in comments he made to the press today, he has chosen not to do so.

This is about trust. It is about trust in the Government that they will represent the House and not the Government in House business, and it is about trust in us as our constituents’ representatives. That trust, once eroded, is very difficult to regain. Trust in our politics has been eroded in this past week. That includes all of us here in this House. On behalf of all our constituents, we must do all in our power to do our best to rebuild that trust as we take the next steps on standards.

[Mr Whittingdale]

On a point of order, Mr Speaker.

[Mr Speaker]

I was just going to put the Question, but yes—John Whittingdale.

[Mr Whittingdale]

Thank you, Mr Speaker. I of course understand why it was not possible for you to call me in the debate. However, I am left in something of a dilemma. As I understand it, the House has still passed a motion that establishes a new Committee, which I am supposed to chair. I agreed to chair it on the basis that it would be a cross-party Committee that would have support from both sides of the House. It appears that that is not possible. As the hon. Member for Rhondda (Chris Bryant) indicated, I would not wish to chair a Committee that had support from only one side, but I am not clear what is the status of the Committee, given that the motion that the House passed last week, as I understand it, is still in place.

[Mr Speaker]

I am going to have to put the Question, but my quick answer is that we do need to resolve the issue as quickly as possible. No Committee can go forward—everyone has accepted that—but we need to draw a line under it, because at the moment there are too many questions that need to be answered. It is in the Government’s hands to resolve that, and I am sure that they will want to do it as quickly as possible, in which case this House can then begin to move on.

Question put and agreed to.

Resolved,

That this House has considered the matter of the consequences of the decision of the House of 3 November relating to Standards.

Tributes to Sir David Amess

John Whittingdale Excerpts

Monday 18th October 2021 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

I first met David Amess nearly 40 years ago, shortly after his historic election as MP for Basildon, the image of which, the picture of his smiling face, came to symbolise the Conservative victory under Margaret Thatcher’s leadership. He won because he embodied all that was best about Essex man: he was patriotic, he came from a working-class background, he was devoted to his family and he was passionately independent. I got to know him when I was working for Margaret Thatcher in No. 10 Downing Street. He adored her. He was absolutely furious when she was removed from office and, indeed, remained furious long after. In 2013, he held an Adjournment debate on her legacy, following her death. She, in turn, hugely valued him.

David championed many causes, as others have said, but most of all he loved his constituency and the people he was so proud to represent. My constituency is just about 30 minutes away from his, and a number of times I spoke for him at events and he spoke for me. The huge respect and affection in which he was held was always obvious. He loved meeting people and he made sure that he spoke to every single person at whatever gathering he was present. As has been referred to, it became a joke that for his first 14 years he would make sure that, in every question and every speech, he referenced Basildon in ringing tones, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) demonstrated in his contribution.

After David’s election to Southend, his campaign for Southend to become a city was mentioned at every opportunity. It is well known that he was a great animal lover and devoted to his dogs. Even when seeking support for his French bulldog, Vivienne, in this year’s Westminster Dog of the Year competition—as the Prime Minister referenced—the reason he gave as to why we should vote for Vivienne as Westminster dog of the year was that she is an enthusiastic supporter of Southend becoming a city. [Laughter.] So when, in 2012, Chelmsford, as the county town of Essex, was granted city status, David took the news reasonably well. [Laughter.] I can say, on behalf of my constituents in Chelmsford, how delighted we are that Essex will now have two cities.

I represent a part of the Chelmsford local authority area, but my hon. Friend the Member for Chelmsford (Vicky Ford) represents the city itself. She is unable to be here today, as she is on ministerial duties abroad, but she asked me to say on her behalf how much she appreciated the kindness and gentle wisdom that David typically showed to her and other new Essex MPs when they were first elected. I also join her in paying tribute to the work that David did for all of us to improve our hospitals across mid and south Essex, a legacy that will continue to benefit hundreds of thousands of Essex residents.

David was, quite simply, the best of us. All of us are still in shock but our hearts go out to his family, and I hope that people listen to their words. My right hon. Friend the Member for Rayleigh and Wickford spoke powerfully about the abuse that particularly Members of Parliament—but not just MPs; a lot of other public servants—suffer from online in social media. I have been heartened by the huge number of messages that I have had from my constituents and others, first, to express condolences and, secondly, just to express their appreciation of the work that we do in this place. I like to think—and I strongly believe—that those horrible, aggressive voices that sometimes seem to dominate social media are not representative of the views of the vast majority of people, who share all the qualities and would respond to the appeal of David’s family that we should show each other kindness and love, and that that should be his lasting legacy.