(6 months, 3 weeks ago)
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I commend the petitioners for allowing us to have this debate, because many, many of my constituents believe that we should be pro-choice in specific ways and not in the current no-choice situation of most people. People who do not have the means to go to Switzerland have no choice but to suffer in pain or try to have secret, illegal conversations with medical people who make it difficult for everybody to be able to endure and allow them to have a good-quality death.
My good friend and colleague Debbie Woodward asked me to fight for assisted dying. Debbie had terminal cancer; tumours meant that she could not swallow or digest food any more. She was as bright as a button, determined, passionate and an excellent local councillor who we lost too soon.
In the last week I met Debbie before she died, I said to her, as many people do when they are with their friends, “What can I do to help? Is there anything you need?” She said, “Yes. You are in just the right place. I need you to fight for assisted dying.” She texted me the things that she wanted me to say:
“I believe we should fight for euthanasia for certain illnesses. I have Signet Ring Cell Carcinoma (had to be jewellery related with me) they also sometimes refer to Goblet cell Carcinoma. Not really sure why they give them the names they do, because when I see the pictures, I see no resemblance to either. I wish I had more time, I have not done all I want to do yet.”
In her last week, Debbie was in a lot of pain but she knew what she wanted. The last thing she said to me was:
“You asked me what you can do for me. Please support assisted dying. Give people who have terrible illnesses like me the choice as to when and how to die.”
(11 months, 2 weeks ago)
Commons ChamberIndeed. It has been suggested by a number of speakers this afternoon that no alternatives to the Bill have been suggested, but alternatives have been suggested, including a serious attempt to break the model of the people smugglers and proper international co-operation. Unfortunately, because of Brexit and the Government’s attitude towards international law, the United Kingdom’s opportunities for international co-operation are becoming few and far between. People no longer trust us and we do not have the same avenues for international co-operation as we used to have. Creating safe and legal routes is the way to do it. That is what we used to have. People who are seeking asylum are not seeking asylum illegally; they come across the channel because they have no other way to seek asylum except by coming to this country, so we should create legal routes.
I will in a moment.
I want to say something about how this Bill impinges on Scotland. Conservative Members talk about their mandate and about their constituents wanting this Bill. I want to make it clear that people in Scotland do not want it. This is not the approach that we want in Scotland. It is therefore particularly egregious that the Bill seeks to oust the jurisdiction of the Scottish courts in relation to such fundamental matters as human rights and the basic tenets of our constitution. Scotland’s system of civil justice is a devolved matter under the Scotland Act and therefore the preserve of the Scottish Parliament, yet I do not see any legislative consent motion being sought, despite the fact that the jurisdiction of the Scottish courts is being ousted. Perhaps even more importantly—and this is rather important to us Scots lawyers—the authority and privileges of the Court of Session, including its inherent supervisory jurisdiction, are protected by article XIX of the Treaty of Union, which includes the nobile officium of the Court of Session, a power that exists to give remedies where otherwise there would be none. That is arguably also threatened by this Bill.
I know the Government are not terribly interested in Scotland, but I wonder whether they have applied their mind to whether there should have been a legislative consent motion, and to whether this legislation is in breach of the Treaty of Union by ousting the jurisdiction of the Scottish courts. I see the Minister looking at his notes, and I would be particularly interested to hear him answer those points in his summing up.
I refer the House to my entry in the Register of Members’ Financial Interests, having been a solicitor for nearly 20 years. Every lawyer I met during those 20 years of my working life disagreed with every other lawyer on the issue in front of them. I can guarantee that a lawyer’s advice tends to be somewhat in line with their client’s instruction and the ends that their client wants, so Members may want to ponder the source of some of the legal advice that has been mentioned.
I have sat on the Justice Committee for four years, and I also sit on the Home Affairs Committee. I went on a trip to Calais with my hon. Friend the Member for Barrow and Furness (Simon Fell), who is no longer in his place, and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee. We spoke to people on the beaches, and we saw what some may call France’s functioning asylum and immigration system, but that is not what I witnessed in the slightest.
Calais is effectively a waiting room with no resources, where people are directed to wait for a boat to come to the United Kingdom. We saw that immigrants are housed in tents, and they are treated in the most appalling manner. When the French authorities get fed up with them, they burn down their tents, physically attack them and throw them into the next area or field. The idea that we are an outlier in how we treat immigrants is for the birds.
Too often in this Chamber, as a number of my hon. and right hon. Friends have rightly said, we ignore the concerns of our constituents in order to pontificate about our moral and liberal conscience.
Does my hon. Friend agree that France is supposed to be a safe country and that people have an option when they arrive in France, or in any other EU country, to claim asylum in that first safe country? When they make a decision to come over the channel, they make a decision to be illegal and to be involved with criminal gangs. Nobody is forcing them to do that.
I agree with my hon. Friend. We have heard some blanket statements about immigration, but one of the curious things I found when speaking to people on the beaches was that the people seeking immigration to this country were all males, all single and all of a certain age. There were virtually no females in any of the places we were taken.
We are escaping both from what our constituents want and from the reality that motivates people. When I was in those camps, people told me, “We are told that the United Kingdom’s streets are paved with gold. When we go there, we are going to be provided with a lot of financial support through benefits and other things.” That is what is motivating the vast majority of these people to come to this country. Listening to Opposition Members, we would think that nobody in the world has that motivation to come here; that everyone is fleeing some type of persecution. That is utter nonsense.
Our constituents expect us, as a Government and as a Parliament, to put in place a suite of measures to address the problem happening in the channel. This Bill, as many of my hon. and right hon. Friends have said, is one of a number of measures being taken by this Government, on which they should be congratulated.
As my hon. Friend the Member for Barrow and Furness said, although nobody seemed to pick up the point, the French authorities told us that a deterrent effect and policy—the Rwanda policy—is absolutely necessary. We saw, as did the French authorities, that when the policy was first announced, even though people were potentially coming over the channel, there was a drop in cases. The spike came only when it became clear that, through various legal means, the policy would not be taken forward.
Not only do the French authorities think we need a deterrent, and not only are countries such as Germany, the United States, Italy and Austria all saying that they need some type of policy and they need to follow the UK’s lead, but it is what our constituents want. We cannot have a situation where we cannot house people, where people cannot get a doctor’s appointment and where people cannot afford a house. That may be acceptable to Opposition Members, but we cannot have a situation where we have 10,000 foreign national offenders in our prison system. We have to take measures that reflect the will of the people, not the will of middle-class, liberal consciences. I sometimes feel it is more important for some to moralise than actually be concerned about what motivates their constituents and what we should be doing in this place.
I have heard two objections to the Bill, one of which relates to rule 39 injunctions. I wish to ask the Minister about that, because I agree completely with what my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox) said. May I ask the Minister to comment on the Government’s legal advice? I say that because, technically, the Government can ignore rule 39 injunctions; that is what the Bill states, although he may be able to tell me something different. I think that is an important part of the Bill and I would be grateful if he would comment on it.
I respect every contribution made by a Conservative Member, but I cannot believe that anyone thinks—I have certainly not read any legal advice that thinks this—that we should exclude the right of appeal or, in extreme circumstances, the right to challenge whether someone should be taken to a foreign country. There must be such circumstances. Even the star chamber advice says that there must be at least form of allowance in respect of that. The legal test that the Government have put in place, whereby somebody must show “compelling evidence” that they would suffer “serious and irreversible harm”, is a strong one. It will address, both legally and practically, everything that our constituents want us to do.
This is a good policy—one that the Government have worked hard to refine. It is within the bounds of international law and of what this Government have undertaken to the country, which is to tackle illegal migration and stop the boats crossing the channel.
(11 months, 3 weeks ago)
Commons ChamberWithout wanting to drift back into my old portfolio, I have, in close co-ordination with my right hon. Friend the Immigration Minister, negotiated a number of youth mobility programmes to attract the brightest and the best. The hon. Gentleman talks about people leaving certain geographies. He might want to reflect on the fact that a significant number of people are leaving Scotland to come south of the border because of the pernicious income tax regime that the Scottish National party Government in Edinburgh have put in place.
I would like to thank my right hon. Friends the Home Secretary and the Immigration Minister for listening to us. I am sure that the measures he has announced today will be welcomed by constituents in Grimsby, but does he agree that we need these measures to come quickly and that we perhaps need more conditionality? For instance, if people are coming here supposedly to take up skilled or skill-shortage jobs but are not doing so, perhaps we should invite them not to stay.
I thank my hon. Friend for her comments about these reforms, and I pay tribute to my right hon. Friend the Immigration Minister, who has been working on this for longer than the three weeks that I have been in this role. My hon. Friend is right to say that we want to bring people here in good faith and that we expect them to act in good faith. If they apply via a certain visa route, we expect them to abide by the conditionality of that visa route. If they contribute, play by the rules and do the right thing, they will always be welcome, but we take a dim view of those people who seek to abuse our hospitality.
(11 months, 4 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I agree with my hon. Friend that for 30 years the public have voted in general elections to reduce the levels of net migration, and it is important that we as politicians, if we want to maintain their trust and confidence, act upon that. That is why the Home Secretary, the Prime Minister and I are working on a package of fundamental reforms, and I hope that we will be able to bring those to the House very soon.
I would like to thank the Minister for all the hard work he has done while he has been in his place, because I know how much he has done and how he has worked with colleagues here to make sure that he can drive this initiative through. It is absolutely the truth that the vast majority of people in this country want to see both the legal and illegal migration figures go down, and near to zero in the case of illegal migration. Does he agree that we have seen from the Opposition today that their plan is not really to affect any figures, which is to prevent democracy from happening, but also to tinker around the edges and reclassify people to pretend that they can solve immigration when actually what they are going to do is just tell a few untruths, perhaps?
Well, what a difference between the questions on our side of the House and those from the Opposition Benches. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) said that the Labour party had a plan, but each and every one of her colleagues behind her set out reasons why we should have higher levels of net migration, not lower. So we all know what would happen should there be a Labour Government; it would be uncontrolled migration once again. A leopard does not change its spots. The Labour party has always stood for open door migration and it would do so again.
(1 year ago)
General CommitteesI wholeheartedly support the Minister and the Government’s initiatives to make sure that we balance supporting the hospitality sector through these difficult times against addressing concerns about antisocial behaviour and public order.
I also remind the Minister, when she has discussions about this back in the Department, that anything proposed to go on the pavement can have a detrimental impact on those with sight loss, visual impairment, and other types of disability that make accessing and getting around areas such as town centres difficult. I know that this is a cross-departmental issue, so will she please ensure that officials, civil servants and other Ministers also understand that these decisions can have an impact on wider society that might not always be beneficial? We want to make sure we can balance that for everybody in society.
(1 year, 4 months ago)
Commons ChamberWhat is inhumane, I am afraid, is the Opposition’s stance on this subject. They maintain a principled objection—a ludicrous objection, frankly—to our measures, which will save lives, which are humanitarian at core and which will break the people-smuggling gangs. The fact that they continue to oppose those humanitarian measures is beyond me and frankly not in keeping with the tradition of the Labour party.
I spoke with a constituent on Victoria Street, Grimsby a few weeks ago. He said to me that we will never send illegal migrants back to Rwanda because the left-wing establishment will never allow it to happen. Is he right?
The Prime Minister and I have made a promise to the British people to stop the boats. I believe that that is what the British people want us to do fervently and passionately. We are working flat out day in, day out to deliver the measures, to deliver our Bill, to deliver the extra resources and to deliver our partnership with Rwanda. I believe that we will deliver on that promise, and we will get there in the end.
(1 year, 7 months ago)
Commons ChamberDoes the hon. Lady recognise that it works both ways? I have a constituent who offered her home to a “17-year-old” asylum-seeking young man. He had all the benefits of being under 19, but then he revealed that on his next birthday he would be 24. We need to talk openly and fairly about the safeguarding issues, both for our own children and for children coming from other countries.
The hon. Member makes an interesting point, but the fact is that the medical professionals just do not support the methods that the Government are suggesting to determine age.
(1 year, 8 months ago)
Commons ChamberDo the French authorities know who the people coming over here to seek asylum are, or are they just wandering around France unknown, as well as when they come here?
It is a pleasure to follow the hon. Member for Devizes (Danny Kruger), with whom I agree about the source of human rights. Sometimes we need to have an arbiter, a human one, who will prevent us from being our worst selves, and I fear that the Government are being their worst self in this instance. I fear that the Bill, with its flagship title—no pun intended—will not stop the boats. I want to stop the boats, because every person who gets into a rickety boat on the French side of the channel and takes the risk of crossing it is a potential tragedy. We should all want those boat crossings to stop. However, I am convinced that the Bill will do nothing of the sort.
This Bill is dozy and it is dangerous. It is dozy because it will not work and will be counterproductive; it is dangerous for genuine refugees—we will not know who they are unless we seek to assess them in the first place—and it is dangerous for Britain’s reputation and therefore to our power overseas, soft or otherwise, thus undermining our sovereignty. It fails the moral test, not just because of the impact on those who seek sanctuary on our shores, but because it is based on a hysterical and bogus pretext. The context is important here, and so is the language. The fact that the Home Secretary and other refer to the UK’s being “swamped” by refugees is an outrage as much as it is totally and utterly inaccurate. In a league table of European countries, the United Kingdom ranks 20th among those taking refugees, per capita. It takes a third of the number taken by France, and a quarter of the number taken by Germany.
The bogus premise on which the Bill is based is set out clearly and obviously. Intelligent Conservative Members—and I am sure they are all intelligent—understand that, yet they continue to promulgate this nonsense. Nevertheless, language has consequences. Do Conservative Members not realise that when far-right protesters stood on the pavement screaming abuse at some terrified person fleeing persecution and simply awaiting an assessment, that was caused in no small part by the incendiary language used by politicians and people in the media? It is outrageous.
And I am delighted that the hon. Gentleman has given way. Does he not realise that we are in this position because the left wing-supporting lawyers have taken us to this point? When I knock on my constituents’ doors, they ask, “Who is running this country? The Government, we who voted you in, or the left wing-supporting lawyers?” We are in this situation because left-wing extremists are trying to stop our democracy from functioning.
I thank the hon. Lady for articulating the case so clearly. When all is said and done, we should ask why we have a problem. I have set out irrefutable numbers showing where we are in the world, and in Europe, in terms of the number of asylum seekers we receive on our shores: far fewer than most European countries, far fewer than many smaller European countries, and an absolute blinking fraction compared with the likes of Lebanon, for instance. Nevertheless, we have a problem, and why do we have a problem? Because the Home Office is dysfunctional.
It is outrageous that there are people sitting in hotels and hostels being jeered at by right-wing protesters, wound up by those on the other side of the House who have used—if I am being generous—intemperate language. Why are there so many people in those places? Because the system is broken. We are not “swamped” by refugees; we have an asylum system run by an incompetent Government, and what is perhaps the most morally outrageous aspect of this whole debate is the fact that these people, whether or not they are genuine asylum seekers—and we will not know whether or not they are unless we blooming well assess them—are being blamed for the Government’s incompetence. What a moral outrage. There is, of course, a case for making changes in the law, and I do not believe in open borders, but what the Government are proposing is uncontrollable borders. As I have said, language has consequences, and we should be careful about how we use it.
It is a pleasure to see you in the Chair, Dame Eleanor. It is convention to say that it is a pleasure to follow the previous speaker, but I find it hard to say that because I do not agree with anything that the right hon. Member for South Holland and The Deepings (Sir John Hayes) said. It is an extraordinary proposition to say that, to use his words, it is virtuous and just for the United Kingdom to pass legislation that is in breach of our international obligations. These are not obligations that have been imposed on us from above. They are obligations to which we freely signed up. If the Government and Conservative Members do not like the obligations to which they freely signed up, they should have the courage of their convictions and join their chums in Russia and Belarus as non-signatories to the European convention on human rights. [Interruption.] They do not like it, but it is true: those are the other two countries in Europe that cannot live with the obligations in the European convention on human rights.
I want to make another preliminary point before I go any further. The right hon. Gentleman does not speak for my constituents—he does not speak for the people of Edinburgh South West. The contents of my mailbox and my conversations with constituents show that he does not speak for them. He does not speak for other voters in Scotland, either. We are proud of our international obligations, and we would like to remain a signatory to the European convention on human rights.
There is widespread concern about this Bill, and not just from lefty lawyers, to whom the hon. Member for Great Grimsby (Lia Nici) referred earlier.
No, I will not at this stage; I want to develop my point. I have been a lawyer for many years, and it pains me to say this—because I am a lefty lawyer —but if the hon. Lady knew much about the legal profession she would know that most lawyers are actually not lefties. However, what most lawyers do have, in contrast to the Conservative Members who have spoken so far today, is respect for the rule of law and for legal obligations freely entered into. Nobody took the hand of the United Kingdom and forced it to sign the convention. We did so freely, of our own volition. I repeat that, if Conservative Members do not like the obligations any longer, because they occasionally throw up results they do not like, they should have the courage of their convictions and leave the convention.
I want to develop my point. I will take interventions in a moment. I do not want to take up too much time.
I rise to speak mainly to amendment 122, which is in my name, and to support the amendments tabled on behalf of the Scottish National party by my hon. Friend the Member for Glasgow Central (Alison Thewliss). I also add my support to the excellent and forensic points made, as always, by my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). It is a great pity that the Minister chose to take no notes while my hon. Friend was speaking, because he made some very good points and it would be really nice to hear why the Government disagree with them. At the end of six hours of debate, it is going to be difficult for the Minister to answer those points, given that he paid no attention to them and did not make any notes.
I tabled amendment 122 in my capacity as Chair of the Joint Committee on Human Rights, and I am very grateful to those hon. Members who have lent their support to it. I am not going to press it, because the Committee has only just commenced its legal scrutiny of this Bill. That is not because we are dragging our feet, but because the Bill has been bounced on us at such short notice. We have very little time to undertake that scrutiny, but we hope to report before the Bill has finished its passage through the Lords. At that point, I hope we will be able to recommend some detailed amendments.
Amendment 122 is a probing amendment that gives me the opportunity to explain to the Government the legal basis of our obligations to obey the interim measures of the European Court of Human Rights, because an awful lot of what we in Scotland call mince—which is a technical legal term—has been spoken about that so far.
As a preliminary point, I also want to stress the widespread opposition to this Bill. Our own Equalities and Human Rights Commission, the Scottish Human Rights Commission and the Council of Europe all have severe concerns about this Bill’s impact on our international legal obligations. The UNHCR also has severe concerns about it, as have the Law Society of England and Wales, the Law Society of Scotland, many other very respectable civil society organisations and many of our constituents.
Over the weekend, I received a number of letters from primary 7 pupils at Oxgangs Primary School in my constituency of Edinburgh South West. The gist of their letters was that we are a wealthy nation—the hon. Member for Devizes (Danny Kruger), who is no longer in his place, referred to the United Kingdom as a wealthy country; it is not a country but a union of nations—and we need to do more to help refugees. As other hon. Members have said, the majority of displaced people in this world just go to the country next door. It is only a very tiny fraction who come to the United Kingdom, looking for our help. I think that what those young people were trying to say is that we have a moral obligation to them. I think they were also making the point that human rights are universal. The Government need to remember that. This Bill seeks to carve out certain categories of people to whom human rights will not be applicable in the same way as they are to me and my constituents. That is simply wrong.
The purpose of amendment 122, which relates to clause 49, is to ensure that we recognise that the United Kingdom is bound to comply with interim measures issued by the European Court of Human Rights, and that any regulations made under clause 49 do not undermine that principle. The amendment is consistent with the unanimous recommendations made by the Joint Committee on Human Rights when we reported on a similar provision in the Bill of Rights Bill.
It is important to set out the legal basis on which the United Kingdom is bound to comply with those interim measures, and I will take a couple of minutes to do so. Under rule 39 of the rules of the European Court of Human Rights, the Court may indicate interim measures to any state party—not just the United Kingdom—that has freely signed up to the convention. They are usually sought in connection with immigration removal or extradition cases, and they amount to a requirement that the removal or extradition be suspended—not stopped—until the case has been fully examined. Case law from the Court has established that requests for interim measures are granted only exceptionally, when applicants would otherwise face a real risk of serious and irreversible harm. They are granted from time to time against the United Kingdom, but in fact that is very rarely the case. In 2021, the European Court of Human Rights received 1,020 requests from across the Council of Europe for interim measures and granted 625 of them. However, between 2019 and 2021, the interim measures under rule 39 were applied for in 880 cases against the UK, but granted in just seven of them.
This rides a coach and horses through our freely entered into international legal obligations in respect of interim measures—it really is taking a hammer to crack a nut. Interim measures appear in the rules of the Court rather than in the convention itself, which has led some commentators—including some Conservative Members —to argue that the UK is not bound to comply with them. This is particularly the case because article 46 of the convention, which concerns the
“Binding force and execution of judgments”,
only commits the UK to abide by final judgments of the Court, and does not mention interim measures.
(1 year, 9 months ago)
Commons ChamberWe review the seasonal agricultural worker scheme every year, working closely with DEFRA. We have extended it for this year, as my hon. Friend knows, and increased the numbers permitted under that scheme. That is quite right, but it is important to balance that against the need to ensure that British workers find their way into the workplace and are trained, and the need to invest in British farming, so that we do not need to reach in the first instance for foreign labour.
It is quite right that police forces are under significant scrutiny at the moment, but I commend Humberside police force, which has recently been assessed as “outstanding”, and, in particular, its Grimsby-born chief constable, Lee Freeman, who was recently awarded the King’s Police Medal. Will my right hon. Friend outline the steps that excellent police forces such as Humberside can take to share good practice so that every police force across the UK can become outstanding?
(2 years ago)
Commons ChamberWorking collaboratively with the French is a key component in solving this problem. The simple truth is that we cannot do this alone. That is why I am very pleased that we have a relationship with the French and I am very keen to amplify that. That will involve greater surveillance between the French and British authorities; greater intelligence co-operation and interception upstream between the French and the British authorities; and joint working at all points in the system. That co-operation is vital.
As I am sure the Home Secretary knows, she has my full support in doing whatever she can to stop illegal migration into this country. We have had several conversations about this issue, but does she share my concerns about putting illegal immigrants in places across the UK that do not have the infrastructure or the expertise to look after them? Also, will she commit to ensuring that she talks to Government Members when illegal migrants might come into their constituencies to make sure that we can represent our constituents properly?
Ultimately, we need to bear down on the asylum backlog so that fewer people are in the UK waiting for a decision. We also need to stop the use of hotels at £6 million a night.