Privilege (Withdrawal Agreement: Legal Advice)

Debate between Lord Beamish and Alex Chalk

Tuesday 4th December 2018 Commons Chamber

[Alex Chalk]

Respectfully, that is not right. My hon. Friend the Member for Chelmsford said at the time:

“I am deeply unclear—are you asking for publication of the final advice or of any legal advice in full that has happened during the entire negotiation? [Interruption.] With due respect, I am being asked for my vote regarding the motion on the Order Paper. Are you asking for what is on the Order Paper, which is,

“any legal advice in full”—

that is, during the whole negotiation?”—[Official Report, 13 November 2018; Vol. 649, c. 196.]

At that point, Mr Speaker rightly intervened to ask who my hon. Friend was referring to, and so it went on. The matter was not clear. Given the importance of these proceedings, and the potential impact on one or more individuals, is it not right that the House should be crystal clear about what is on the indictment, so to speak?

[Mr Kevan Jones (North Durham) (Lab)]

I am following the hon. Gentleman’s argument, but will he answer the question that my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) asked? If the motion was so unclear, why did he not vote against it and why did the Government not oppose it?

[Alex Chalk]

Respectfully, that is no answer at all.

[Mr Jones]

It is!

[Alex Chalk]

It is no answer at all; absolutely not. To take an analogy, if the prosecution were to bring proceedings against the hon. Gentleman for an alleged crime and if the court were satisfied that the proceedings were bad through duplicity or lack of clarity, the court would stay those proceedings because they would be improper proceedings. That is what has happened here. There are real concerns about these matters. In these circumstances, if the high court of Parliament wishes to act in a way that is proportionate and fair, the proper outcome is to refer the matter in accordance with the terms set out in the amendment. Those are my representations, Mr Speaker.

Counter-Terrorism and Border Security Bill

Debate between Lord Beamish and Alex Chalk

2nd reading: House of Commons & Money resolution: House of Commons
Monday 11th June 2018 Commons Chamber

[Alex Chalk]

That is pretty much everywhere, and I will give the right hon. Gentleman an example. How about an allegation of assault? Let us suppose the defendant goes out in the high street in Kingston in the right hon. Gentleman’s constituency with a baseball bat and starts swinging it around outside the pub, being reckless about whether someone might be struck by it. If he does recklessly strike someone’s jaw and they have a fractured jaw, the defendant can, and will in those circumstances, be convicted of a section 20 offence of grievous bodily harm. So the law does recognise that where there is recklessness, that can be sufficient mens rea for a large number—probably even the majority—of offences against the person. So to that extent all this measure would do is make sure the new legislation chimes with existing legislation.

The second provision I want to deal with has already properly been discussed: to

“update the offence of obtaining information likely to be useful to a terrorist to cover terrorist material that is just viewed or streamed over the internet, rather than downloaded to form a permanent record”.

First, we need to consider what material is being addressed here. It could be digital copies of “Inspire”, an online publication produced by al-Qaeda in the Arabian Peninsula. One edition of that publication contains material giving instructions about how to make a bomb using household materials; these are step-by-step instructions on how to manufacture an improvised explosive device with materials that we could buy in a hardware store and a regular supermarket. That is extremely serious and dangerous material if it gets into the wrong hands. Another example of the kind of material published in these online magazines is instructions on how to wreak the maximum amount of destruction using a vehicle in a crowded area.

To be caught by current provisions, such material has to be downloaded, but that creates a loophole because an individual who chooses to view this pernicious content by simply restreaming it could be outside the net. That would be ridiculous, particularly as every time one of these items is streamed, it will create digital artefacts on the computer. So an individual who downloads it—who has the full digital content on their computer—is liable to be prosecuted, but an individual who keeps streaming it, notwithstanding that that leads to some digital artefacts on their computer, would be outside the net. That would be truly perverse.

So while it is right to say that we should be mindful of the risk of people coming within the ambit of this provision, so long as the defence of reasonable excuse exists, we can be confident that that proper balance is struck.

[Mr Kevan Jones]

I am not a liberal on any of these issues, but there is a problem with this. One difficulty the security services face is dealing with the amount of material that is out there and targeting the right people. If someone who has viewed such material three times can be pulled in by this provision, does that not throw the net rather wide, making it more difficult for law enforcement to target the right people?

[Alex Chalk]

The right hon. Gentleman is right to raise that question, but I do not think that is the case. We accept that an individual deciding to view this material online and then download it on to their computer so that they can watch it at their leisure three times commits an offence—and we do so because terrorist offences often escalate quickly from the viewing of such materials. Given that we accept that, would it not be perverse to say that an individual who simply views this material three times—and while doing so takes account of the instructions in that material to build a bomb or wreak havoc with a vehicle—would be outside the law? That would be a bizarre anomaly, and it would say more about the digital habits of that individual than the pernicious nature of the content. So while we should always be mindful of the point the right hon. Gentleman makes, in my view the risks of doing nothing simply leave open huge loopholes that terrorists, who are increasingly digitally savvy, can exploit, so this is a proportionate and appropriate step to take.

[Mr Kevan Jones]

rose—

[Alex Chalk]

I am not going to give way again on that point.

If I may, I will move on to the issue of increasing the maximum penalty. At the moment, the maximum penalty under section 58 of the Terrorism Act 2000 is just 10 years’ imprisonment. The Bill proposes to increase that to 15 years. It is important to make the point that, certainly until the recent sentencing guidelines increase, someone pleading guilty to being in possession of material that might be of assistance to a person planning an act of terrorism could expect to be sentenced to just 14 or 15 months and to be released in seven months. We have to recognise, when we are dealing with these kinds of offences, that part of the necessity for the legislation is to ensure that dangerous people are kept out of circulation. In those particulars, this proposal is necessary and proportionate.

Elsewhere in the Bill, there are common-sense extensions including the proposal to add terrorism offences to the list of offences for which an individual can be subjected to a serious crime prevention order. That makes perfect sense, because SCPOs enable the authorities to continue to manage an individual convicted of a terrorism offence. In the interest of balance, it is important to note that the proposed legislation also contains protections for individuals. For example, it introduces a statutory bar on the admissibility as evidence in a criminal trial of oral admissions made in an examination at a port under schedule 7 to the Terrorism Act, so it would be wrong to get the impression that this is one-way traffic. Overall—certainly so far as part 1 is concerned—these measures serve to clarify and to extend in a way that chimes with common sense. They update the law, and they will lead to a modest strengthening of penalties, which is a calibrated, proportionate and modernising approach that I am happy to support.

Armed Forces Pay

Debate between Lord Beamish and Alex Chalk

Wednesday 1st November 2017 Commons Chamber

[Alex Chalk]

That is exactly the kind of sophistication that should be brought to this debate. We should be looking at specific issues, that can improve the lives of serving soldiers, sailors and airmen and women.

The principles that we should apply are tolerably simple. First, we should listen to independent experts—the pay review bodies—and, secondly, we should build in flexibility where there is a skills shortage. I will return to that briefly in a moment. It is right, as my right hon. Friend the Prime Minister indicated in Prime Minister’s questions today, to look at the context of the public finances. She said that we are spending £50 billion a year on debt interest alone. That raises a really important moral argument. When we talk about the future of our armed forces, we do not just want armed forces for today, tomorrow or next week; we want our children to be able to enjoy the protection of the armed forces as well.

What is Labour’s suggested solution to this? Notwithstanding the fact that we have public borrowing of about £58 billion each year and a national debt of £1.7 trillion, its remedy is more borrowing, more debt and more tax. Where does that leave us as a country? If we were to borrow an additional £500 billion, as has been suggested, our national debt would go from £1.7 trillion to £2.2 trillion. What happens to that £50 billion that we are spending each year? It goes to about £65 billion. Basically, before we pay for a single soldier, a single police officer, or a single nurse, we will be spending £62 billion a year when the entire defence budget is £36 billion. There will be people born today in our country who in 30 years’ time, through no fault of their own, will either knock on the door of the welfare state because, as an entirely deserving case, they need assistance, or they will want the protection of our armed forces, but the cupboard risks being bare if the Opposition are able to achieve what they want to achieve.

[Mr Kevan Jones]

I thought that the Tory party’s script had changed; obviously the hon. Gentleman does not have the new one. Will he explain, therefore—

[Alex Chalk]

rose—

[Mr Kevan Jones]

He needs to sit down.

[Alex Chalk]

I was chomping at the bit.

[Mr Kevan Jones]

The Government were able to find £1 billion out of fresh air to pass over in their agreement with the Democratic Unionist party in Northern Ireland so that they could stay in power, so why can they not fund the pay of our armed forces?

[Alex Chalk]

With respect, that argument has been made with tedious regularity. It betrays a complete lack of understanding of the public finances. This country borrows £58 billion every single year. The nation spends £803 billion a year. Yet, Labour wants to borrow £500 billion, which in turn would increase our annual payment by something in the order of £12 billion. That would be monstrous and disastrous for the UK economy and future generations. There is an issue of generational justice, and that is a message that Labour has not learned.