Anti-social Behaviour, Crime and Policing Bill
Lindsay Hoyle Excerpts(12 years, 4 months ago)
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Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
New clause 4—Firearms’ licensing—
‘(1) The Firearms Act 1968 is amended as follows.
(2) After section 28A (Certificates: supplementary) insert—
“28B Assessing public safety
(1) When assessing the threat to public safety under sections 27, 28, 30A, 30B or 30C the Chief Police Officer must ensure that a range of background checks are performed.
(2) Where these checks uncover substantiated evidence of violent conduct, domestic violence, mental illness or drug or alcohol abuse, the presumption is that the Chief Police Officer should refuse the licence application unless exceptional evidence can be brought forward by the applicant as to their suitability to possess a weapon.
(3) When assessing public safety within this section the Chief Police Officer must follow any guidance issued by the Secretary of State.”.
(3) Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) is amended as follows.
(4) After subsection (1) insert—
“(1A) Before making an order under this section the Secretary of State must consult with chief police officers to ensure the level of fees collected by the police under sections 32 and 35 are appropriate after considering the costs they incur through the administration and assessment of firearms’ licences made under this Act.”.’.
Government amendments 100 to 105.
Damian Green
The purpose of the amendments is to preserve the position of the authority of Scottish Ministers under section 5 of the Firearms Act 1968. The new firearms offence of possession for sale or transfer of any prohibited weapon is committed where the conduct is undertaken
“without the authority of the Secretary of State or the Scottish Ministers”.
The existing functions of the Secretary of State under section 5 were transferred to Scottish Ministers by order under section 63 of the Scotland Act 1998 on devolution. Additional functions under section 5 need to be transferred to Scottish Ministers in relation to new offences created by the Bill. Therefore, new clause 20 revokes the entry in the 1999 order in respect of section 5 of the 1968 Act, and transfers afresh all the Secretary of State’s functions under that section to Scottish Ministers. Amendments 100 to 105 are consequential on new clause 20.
I suspect it will help the House if I respond to new clause 4 before the Opposition deal with it, in that peculiar way we sometimes have. The new clause has been tabled by those on the Opposition Front Bench and relates to two firearms licensing issues that we discussed in Committee and during the Westminster Hall debate initiated by the hon. Member for Easington (Grahame M. Morris) in early September. The first part of the new clause seeks to create a presumption that if an applicant for a firearm meets one of the stated criteria, the police should not grant a licence. The stated criteria include evidence of domestic violence, mental illness, and drug or alcohol abuse.
As I said in Committee, the police already have the ability to take those factors into account when assessing the risk to public safety. I understand that there are particular concerns about domestic violence and abuse, and in response to those, on 31 July we published specific guidance on that issue, providing greater detail on how the police should handle such cases. Just last week, we published a new consolidated guide on firearms licensing law. It is therefore fair to say that the Government have taken on board the many important points that were raised in Committee, and we have been quick to act. As the House will agree, decisions must be made on a case-by-case basis, but guidance is clear that evidence of domestic violence will generally indicate that an application should be refused. That new guidance is being applied now by police forces up and down the country, which I hope will be welcomed across the House.
New clause 4 also seeks to introduce a requirement that the police must follow any guidance issued by the Home Secretary when assessing public safety. I consider, however, that guidance must remain just that. It is right that chief officers have discretion to assess applications for firearms in their local area, taking into account the merits of each case and the newly published guide. Chief officers are ultimately responsible for public safety at local level. The Government have sought to make decision making a local responsibility wherever possible. I do not want to undermine that, which is what new clause 4 would do.
We are ensuring that where national action can support local decision making, it does. We are working with the national policing lead for firearms and explosives licensing to ensure that police have a more detailed awareness and understanding of the Home Office guide. The College of Policing will be publishing authorised professional practice on firearms licensing, which will complement and cross-refer to our guidance. In order to assess standards, Her Majesty’s inspectorate of constabulary has carried out a scoping exercise on how firearms licensing is conducted in practice, and we will use the findings from the exercise to drive up the consistency of decision making across the country. Again, that was a legitimate point made in the course of our debates and outside. People wanted greater consistency and, again, we have taken action. As I said, HMIC is now doing that work.
The second part of new clause 4 seeks to introduce a legal requirement for the Secretary of State to consult all chief police officers before revising the licence fees so that they achieve full cost recovery. I reiterate that consultation with the police is integral to the fee-setting process and we accept the need to consider the impact of licensing on police resources. That is why we are introducing a new online licensing system, which cuts the administrative burden of the old paper-based system. We do not need primary legislation to make this happen.
Until we have driven out the inefficiencies in the current paper-based approach to the licensing function, it would not be appropriate to raise the fees fourfold in order to achieve, in one giant step, full cost recovery, which I assume is the purpose of new clause 4. As I have said in other forums, we are considering proposals for an interim fee increase and I will make an announcement on that in due course.
In conclusion, I hope the Opposition Front-Bench team will acknowledge that progress has been made in all the significant areas where criticism of the system could legitimately be made a few months ago. I hope I have persuaded them that further legislation is unnecessary. On the off-chance that I have been unsuccessful in persuading the Opposition Front Bench that new clause 4 is unnecessary, I will have no hesitation in inviting the House to reject it.
Child Protection
Lindsay Hoyle Excerpts(12 years, 5 months ago)
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Damian Green
I apologise to the hon. Gentleman. If I keep giving way, I will not get through any of the responses that I want to make to points that have been made.
It is reasonable to ask what the national group has achieved. We have issued new guidance for consultation on protecting children who go missing or run away from home or care. On the policing side, the College of Policing and the Director of Public Prosecutions have launched a public consultation on revised guidance for sexual violence victims. It was launched in June and runs until September. Although we are still consulting, the new guidance is already in effect, which is critical if we are to move the focus of investigations away from testing the credibility of victims to testing the credibility of the allegation and ensuring that the police listen to victims.
In the criminal justice system, we have improved the experience of victims by launching the new criminal justice strategy, which includes significant measures to improve the court process for victims of sexual abuse and exploitation. As the hon. Member for Stockport acknowledged, later this year we shall be piloting measures for recorded pre-trial cross-examination of vulnerable and intimidated witnesses. I agree with her that it is important that victims do not have terrible experiences in court.
On the online front, leading companies have pledged £1 million to the Internet Watch Foundation, which will strengthen the work that it is doing in tandem with the Child Exploitation and Online Protection Centre to identify child abuse images.
On wider child protection reform, on 21 March this year we published statutory guidance entitled “Working together to safeguard children”, and we have strengthened the role of local safeguarding children boards in holding the local agencies to account, providing funding to the association of independent LSCB chairs to drive forward that improvement and share good practice across the network. We are also continuing to drive improvements in the quality of serious case reviews so that the system learns from past mistakes.
I was asked whether there would be a review of what went wrong in Oxford and Operation Bullfinch. The LSCB in Oxford has commissioned a serious case review to learn the lessons and will ask precisely what went wrong and make sure that it does not happen again.
I was asked about hotels and bed and breakfasts. Earlier this week, I attended the launch by the National Working Group Network charity and the Children’s Society of a new toolkit for local practitioners, which I think will be useful.
The hon. Member for Coventry North West (Mr Robinson) raised the Daniel Pelka case. We have strengthened arrangements for serious case reviews and we will see what the case review has to say next week. On the issue of child protection at a local level, everyone who works with children obviously has responsibility. The hon. Gentleman asked whether, if everyone has responsibility, no one has responsibility. That is why the local safeguarding children boards have the key and central role and why we have sought to strengthen them.
Various hon. Members have called for mandatory reporting of concerns. There is already a clear framework in place for all who work with children to report concerns. The statutory guidance is clear that immediate referral should be made to a children’s social worker if there is concern about a child. So I hope I can reassure my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) that already in a few months many changes have been made.
Points have been made about culture in the context of Christian Churches and of groups of often predominantly Pakistani heritage men grooming and abusing white British girls. It is worth saying that political or religious sensitivities must not get in the way of preventing and uncovering child abuse. The same laws apply to all of us in this country whatever our background, religion or ethnic origin. There are no excuses for anyone committing this disgusting crime. The vetting and barring arrangements apply to those who are working in a faith context as much as anyone else; I can assure hon. Members of that.
I thank the many Members who have contributed to a serious and very good debate.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Can I sit the Minister down? It is now 3.30 pm and we should have started the next debate. I am sorry that there are not two more minutes for winding up.
Question put and agreed to.
Resolved,
That this House has considered child protection in the UK.
Legal Aid Reform
Lindsay Hoyle Excerpts(12 years, 7 months ago)
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Robert Neill
I have given way twice and am afraid that I cannot give way any more. I am sure that the hon. Gentleman will find another opportunity to make his point.
We should not be sniffy about the development of alternative business models that might deliver the service properly. I recognise the points that have been made about accessibility in rural areas and about the particular types of expertise that may be needed. We could do more within the existing mechanisms to assist people with such issues.
I have come across such a situation in my constituency. Bromley council has set up an online platform in negotiation with reputable and well-established solicitors firms in the area that puts potential clients in contact with a solicitor, who provides the initial advice without any charge. There was difficulty in setting that up because, despite the willingness of the established solicitors firms to take part, the Solicitors Regulation Authority would not provide the necessary regulatory clearance. That is a needless bureaucratic obstacle to a practical solution to a genuine problem. That could sensibly be looked at and I hope the Minister will consider what might be done.
There are other ways in which we can make savings in criminal matters. My hon. Friend the Member for North West Norfolk (Mr Bellingham) has suggested using the independent Bar more within the Crown Prosecution Service. We should look at whether more efficiencies can be made in that body more generally. Perhaps we should look at the operation of the new centralised magistrates courts service. Again, there might be scope for savings.
We spend markedly more on legal aid than any comparable common law jurisdiction. We spend about £39 per head in the UK, compared with about £20 per head in the Republic of Ireland, about £10 per head in Canada and about £13 per head in New Zealand. Those are jurisdictions with the same system and trial processes as we have, but they do it markedly cheaper. I do not believe that a reduction of 10%, which is not out of line with other reductions, is unacceptable.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am dropping the time limit to four minutes. I am going to get everybody in, so nobody will miss out.
Sadiq Khan (Tooting) (Lab)
I congratulate the Backbench Business Committee on holding this debate.
The Justice Secretary may be a rising star in the Conservative party, but this policy and his non-appearance this afternoon are misjudgments. More than 30 Members of Parliament have applied to speak on a Thursday when there is a one-line Whip and more than 98,000 people have signed a petition expressing concern about the proposals.
I have only 10 minutes to address the various points that have been made, so I will rush through the most pressing of them. First, I will make the position of the Opposition clear. We support efforts to find savings across the justice system. We support making those who can afford to pay their legal fees do so and restricting legal aid to those who are most in need. We support using the frozen assets of criminals to fund their legal costs. We would support moves to address the problem of very high-cost cases. We would support a root-and-branch review of our criminal justice system to cut out the waste and inefficiency that anyone who works in the sector or has used it knows is rampant.
We do not support the Government’s proposals to place the quantity of cases processed ahead of the quality of legal provision and to remove choice from defendants. We believe that those proposals could lead to more miscarriages of justice. We do not support legal aid being run by the same global corporations that run prisons, probation services, courts and tagging. I should say that those are the proposals not just of the Justice Secretary or the Conservative party, but of the Government, including the Liberal Democrats and Lord McNally.
I pay tribute to all 32 Members who have contributed to today’s debate. I agree with much that has been said and look forward to the Minister’s response. Will he clarify whether the changes will require primary legislation and when parliamentarians will have a chance to vote on the proposals? My right hon. Friend the Member for Tottenham (Mr Lammy) spoke about dividing the House this afternoon. I tell him that although we have a limited number of Opposition days, in the light of the Government’s failure to move on this issue, it will be a priority for us. We will have a debate on a motion that divides the House because of the issues that have been raised this afternoon.
The Government’s latest proposals on legal aid are this Parliament’s second attack on access to justice. Social welfare legal aid has been decimated. We were accused of scaremongering during the passage of those proposals. However, law centres have closed—we hear today that the law centre in Birmingham will be closed—leaving the most vulnerable without recourse when they suffer wrong decisions by the Government and other organs of the state. In the recent past, more than 600,000 people have been denied access to advice in areas such as social welfare, debt, employment and housing law. There has been a 30% fall in the providers of civil legal aid and a 12% fall in the providers of criminal legal aid. None of those providers was a fat cat or ambulance chaser.
It is disappointing that the Justice Secretary is not here. If he was, he would have heard 30 mini tutorials on our legal system. [Interruption.] The hon. Member for Bromley and Chislehurst (Robert Neill) would know all about that. Fundamental to our legal system is a presumption of innocence. A decision on guilt is taken by a court of law only after the evidence for and against a prosecution is presented and cross-examined in an open and transparent manner. Due process needs to happen. After all, removing an individual’s liberty is one of the most important powers in the gift of the state. Properly administered legal aid means that all individuals charged with a criminal offence have legal representation, not just those who can afford it, and ensures that our country’s precious rule of law applies to everybody. Legal aid helps those who are wrongly accused to maintain their innocence, and ensures that the state proves, beyond reasonable doubt, the case against a defendant. Please note that I use the word defendant, not criminal. I do not, unlike others, make sweeping generalisations that all those who receive legal aid are guilty criminals. The last time I checked, we still had a presumption of innocence in this country.
Many miscarriages of justice have happened because of an absence of proper representation for defendants: the Birmingham Six, the Guildford Four, the Maguire Seven and others. Because of legal aid, victims have confidence that genuine perpetrators of crime are prosecuted and punished. Victims of crime want certainty that the true perpetrator has been found guilty. They do not want the wrong person pleading guilty or being found guilty, and they certainly do not want the guilty walking the streets. Legal representation for defendants is crucial in minimising miscarriages of justice. These proposals introduce perverse incentives that could unbalance the criminal justice system, with representatives being paid the same whether someone pleads guilty or stands trial.
The Justice Secretary may not have turned up this afternoon, but he has sought to portray legal aid solicitors and junior barristers as fat cats. He knows that the profession has a public relations problem, and he has sought to exploit that in the media to further his own political aims. That is all a tough veneer that masks the real impact of his proposals. Local providers, often high street firms that know their local authorities, courts, police and probation, will be replaced by big corporations, maybe even the same ones that run prisons, probation and tagging—conflicts of interest at every turn. Strangely for a party that claims to be pro-enterprise and pro the high street, this will sweep away hundreds of small and medium-sized enterprises. High street firms will go under, an unintended consequence that will have an impact on the diversity of the judiciary.
The driver of the new contracts is how many cases can be done at the lowest cost per unit, not the quality of the legal representation provided. Why else propose to pay the same fee regardless of whether there is a guilty or not guilty plea? It is as if Ministers do not know the substantial difference in work load between the two pleas. In an era when so much in the public sector is about choice, the opposite will happen in legal aid. People will get what they are given, whether it is rubbish or good. The state will prosecute people and decide who defends them. The Justice Secretary would not accept a special adviser—also paid for by the taxpayer —or the external legal advice relied on by his Department, to be imposed on him. Nor would he accept where his children go to school being decided by someone else. Why then should someone who is facing serious allegations, but is presumed innocent, have no choice in their solicitor?
Lawyers who have the confidence of defendants are more able to give robust advice, for example for a defendant to plead guilty when the evidence determines that that is the best course of action. A lawyer who has acted in previous cases will know about a client’s learning difficulties, language and other problems that may be relevant to their current case, leading to a more efficient legal system that saves money.
Let me be clear and save the Minister’s time. He talked about Labour wanting to spend more, but we would make savings to the legal aid budget. We did so in government, as many legal aid lawyers keep reminding me. Despite what the Government claim, our legal aid budget was not increasing:
“The Government’s legal aid bill increased very substantially in real terms between around 1965 and 2000, but it has been cut since then”.
Those are not my words, but those of the President of the Supreme Court, Lord Neuberger, last week. The hon. Member for Enfield, Southgate (Mr Burrowes) also talked about cost pressures on solicitors as a result of Labour proposals. However, they did not lead to defendants being denied choice. In government, we did look at a version of price competitive tendering. We looked and we considered, but we recognised that it was fraught with danger and thought better of it. Back in 2009, the current Attorney-General, the then shadow Justice Secretary, supported that decision. He actually committed the Conservatives to suspending the scheme, claiming:
“We really should be concerned about the lasting damage that could be done if we’ve got this wrong”.
He said:
“It could permanently damage the provision of criminal legal aid.”
He knew that the proposals could mean a generation of lawyers leaving the profession and that once they are gone, they are gone. I see from recent press reports that he is unhappy at current plans, which are even worse than the ones he opposed when in opposition.
I note from the look on your face, Mr Deputy Speaker, that—
Mr Deputy Speaker (Mr Lindsay Hoyle)
It is 4 o’clock and we need to hear from the Minister.
Sadiq Khan
Notwithstanding your generosity in allowing the debate to carry on, Mr Deputy Speaker, time means that you have cut my comments short. I understand that, but may I say that it is unacceptable for the Government to be railroading these plans through, with no pilots, no proper consultation and no working with key stakeholders to see whether savings could be made in a less oppressive way? We oppose the current plans, but we are happy to work with the Government, with or without the Justice Secretary, to see whether we can make savings that are less unjust.
Protecting Children Online
Lindsay Hoyle Excerpts(12 years, 8 months ago)
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Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Many Members wish to speak, so I am introducing a time limit of eight minutes.
Fiona O'Donnell
My hon. Friend makes an excellent point; children are often well ahead of the adults who are supervising them. I do not know whether the Government have any plans to involve children in the summit and this process. Children were part of the consultation, but what opportunities will the Government provide to allow them to be part of the debate? When I went into a local primary school I found that the children’s knowledge was well in advance of mine, and from my experience as a parent I know that children can be canny in finding ways round things that we are perhaps not aware of—
Marriage (Same Sex Couples) Bill
Lindsay Hoyle Excerpts(12 years, 9 months ago)
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Kelvin Hopkins
I thank the Attorney-General for that intervention. No doubt Scotland will be drummed out of the convention for what it has done.
I congratulate my hon. Friend the Member for Stretford and Urmston (Kate Green) on her powerful speech, which I think she made extremely well. I only wish that she had been given more time to go through all the detailed objections, which the British Humanist Association has answered at length, but of course there is not always time in debates to answer every question. I assure hon. Members that the BHA has dealt with all the objections it has heard so far. [Interruption.]
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. There are too many private conversations going on and I am struggling to hear—[Interruption.] Mr Blunt, order, please.
Kelvin Hopkins
In conclusion, I want to put it on the record that I strongly support new clause 15 and very much hope that it will eventually lead to humanists being allowed to marry in the way they wish and not to be required to get married in any other way.
Stephen Williams
I originally proposed a version of new clause 10 in Committee. I did not see it as an attempt to wreck the Bill; I genuinely felt it was an opportunity to close that loophole.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are obviously not going to reopen yesterday’s debate. We are discussing other amendments today.
Simon Hughes
The proposals appear to be linked, Mr Deputy Speaker. I thank my hon. Friend for that proposal and many others he has made, and for his much-respected work. We do not agree on every single item, but his record is one of which the Liberal Democrats and Parliament should be proud.
Let me put my position on the record. I believe, have believed and was brought up to believe that marriage is ordained by God. I believe that marriage is traditionally ordained by God to be between one man and one woman. I believe that marriage was set up by God for the creation of children. I believe that it was to link the biological needs of children with their biological parents. I believe that it was for biological complementarity. I believe that it was for gender complementarity, and that it was a gift of God in creation. That is why I have taken a traditional Christian and other-faith view on how marriage has traditionally been—for one man and one woman—which was the case long before we legislated for such things in this country and made them the law of the land.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are not talking about infertile couples. Unfortunately, we are on the humanist part of the Bill, and that is what we will discuss. Fortunately or unfortunately—depending on which way we look at it—we must try to speak to the amendments if we can. I hope, Mr Hughes, that you are not going to tempt many others down another track.
Simon Hughes
I will not, but with respect I want to say a word about humanism and speak to my new clause 18, which is in this group, on the difference between the church and the state.
Let me say to the hon. Member for Hackney North and Stoke Newington (Ms Abbott) that of course marriage is never only for the production of children. Many people get married without that intention, and it might be impossible for some. That is not the argument. In the theological tradition, one purpose of marriage is to have children, and that is not possible, biologically, between two men or between two women. Some churches believe that marriage is a sacrament or holds another special position.
We move from that position of faith to one where we legislate. My right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) intervened earlier to make it clear that Methodists, Quakers, Jews and the Free Churches had to fight for the right to perform marriages in their churches. Now, places that have nothing to do with churches or faiths are licensed to carry out marriages—civil marriages became possible. The position of registrar was set up and people are able to have entirely civil marriages in a registry office. That is still the case. Marriages can be held in a place that is entirely civil—in a state-authorised location—or in a place of worship, which can also include the legislative provisions that the state requires.
In all my time in the House, I have argued that we should try to separate those two things. New clause 18 suggests a way of doing that, just as new clause 14, tabled by my hon. Friend the Member for Leeds North West (Greg Mulholland), does. I believe in the disestablishment of the Church of England. I am a member of the Church, but I believe in its disestablishment. Just as the Church in Wales has been disestablished, I have always believed that in England we should separate as much as possible the activities of the Church and the activities of the state. Marriage, therefore, between a man and a woman in a Christian or religious sense is different from marriages, partnerships or unions that are secular, or between people of the same sex.
I pray in aid the view, which has been quoted already, of the hon. Member for Rhondda (Chris Bryant). It was referred to in the Public Bill Committee and goes back to what he said in 2004. When he was asked whether he agreed with the proposition about same-sex marriage, which is at the heart of the Bill, he answered:
“I do not support that; I believe that marriage is an institution that is ordained of God and should be celebrated between a man and a woman. However, I also believe that two men or two women can have a relationship that in many ways mirrors that between a man and a woman but is not identical. Therefore, I believe that we should have in law separate institutions that reflect that reality.”—[Official Report, Standing Committee D, 21 October 2004; c. 68-70.]
That has always been my position too. We should give equal rights to gay and straight couples to form partnerships, unions or relationships that give the same pension rights and status, but are not the same as the traditional marriage between a man and a woman.
Colloquially, people talk of equal marriage, and I understand that. People who are in civil partnerships talk of being married, and of their husbands and wives. We are not going to be able to put the clock back, which is why new clause 18 talks about “civil marriage” and not civil union. Many of my Christian friends say that that is an unacceptable compromise, because the Christian view of marriage cannot be changed by calling it civil marriage. We have to wrestle with that issue and sort it out, because we could have civil marriage that is different from faith, Christian or religious marriage, and I think that people would reasonably understand the difference.
Jim Shannon
I am pleased to have the opportunity to speak to amendments 27 and 28. It will not be a surprise to you, Mr Deputy Speaker, to hear that I am deeply unhappy about the Bill. I have said that in Public Bill Committee and in this Chamber in the earlier debate, I said it yesterday and I will reiterate it today.
I want to thank the Government for at least listening to me and my party on one issue. The Bill proposes that same-sex marriages formed in England and Wales should be recognised as civil partnerships in Scotland and Northern Ireland. That is consistent with the way in which overseas same-sex marriages are currently recognised in the House.
I was a member of the Committee that scrutinised the Bill. When I say “scrutinised”, I mean that the hon. Members for Enfield, Southgate (Mr Burrowes) and for East Worthing and Shoreham (Tim Loughton) scrutinised it very thoroughly. Most of the Committee’s members, however, sat in silence throughout the five days of our debates on the clauses, and most of them tabled precious few amendments. They seemed to see themselves as cheerleaders for the Bill, rather than the scrutinisers that they should have been. Never before, during my short time in the House of Commons, have I known members of the official Opposition to abdicate their responsibility to hold the Government to account quite so thoroughly.
Some of us did table amendments, and took the time and the trouble to speak. I pointed out to the Committee that Scottish Ministers were to be asked to give their consent to legal changes allowing recognition of English same-sex marriages, whereas Northern Ireland Ministers were merely to be consulted. Amendments 27 and 28 give us an opportunity to align the law with that in Scotland, which is good news.
As I said in Committee and have said in the Chamber, the Bill has generated the biggest single postbag I have received on any issue in all my years as an elected representative—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I am trying to be as tolerant as possible, but we are discussing this group of amendments, not previous amendments and what happened in Committee. I am trying to be fair, but we are in danger of not remaining where we should be.
Jim Shannon
Amendments 27 and 28 provide for “consent”, Mr Deputy Speaker, and remove the reference to consultation. Why is that important? It is important to the people whom I represent in Northern Ireland because it introduces accountability to the process. Some 1,700 of my constituents have contacted me about the issue: members of the Church of Ireland, Presbyterians, Methodists, members of the Elim Pentacostal Church, Baptist Brethren, evangelical groups, Roman Catholics, Sikhs and Muslims. Members of faith groups throughout Northern Ireland have asked us, as Members of Parliament, to push for consent rather than consultation, and we have done so.
I believe that when we convey opinions about the importance of faith and religious persuasions, as we have in the House today and as we did in Committee, those opinions cannot be ignored. It has grieved me when some members of the Committee, and perhaps some Members in the House, have brushed aside the opinions of those with hard-held religious views.
Several of my fellow Northern Ireland Members have received similar amounts of correspondence from constituents, all of them pushing for consent rather than consultation. Only 17 of my constituents who contacted me were in favour of the changes. Theirs was very much a minority view, but it is one that we must respect and take on board.
The Northern Ireland Assembly will make the final decision on the issue, which is why amendments 27 and 28 are important. The Assembly has rejected same-sex marriage on two occasions under the consultation process. The first occasion was on 1 October 2012, when it was rejected by 50 votes to 45. Then, on 29 April this year, it was rejected by 53 votes to 42.
Mr Deputy Speaker
Order. I have been generous, and have allowed what I thought was a kind of preamble, but we are actually discussing a group of amendments entitled “Gender, benefits and miscellaneous”. That is the problem that I am facing. I thought that the hon. Gentleman must be getting there. I am sure that he is, and will confine himself to the subjects under discussion from now on.
Jim Shannon
I may have been a wee bit over-ambitious in trying to express some of my points of view, Mr Deputy Speaker, but I appreciate your generosity. I will return to the issues directly.
The Minister of State, Department for Culture, Media and Sport, the right hon. Member for Faversham and Mid Kent (Hugh Robertson), confirmed to me, in a letter that I received yesterday, that
“Amendments 27 and 28 to clause 15(6) of the Bill make all orders and regulations made under the Bill subject to the consent of the Department of Finance and Personnel if those amendments would otherwise fall within the legislative competence of the Northern Ireland Assembly.”
The amendments have clearly given the Assembly the authority to make a final decision on the issue. That is very significant, and I thank both Ministers for what they have done.
This issue is immensely important to us in Northern Ireland, and has given rise to a massive postbag. I thank Ministers again for enabling consent rather than consultation to be enshrined in legislation.
Lady Hermon
I am listening intently to the Minister and am sorry to interrupt her at this stage, but I must bring her back to Northern Ireland. I really want an assurance from the Government that we in Northern Ireland will not see legal challenges on the grounds of breaches of the European convention on human rights by those who, if the Bill becomes law, avail of same-sex marriage in England and Wales. It is specifically paragraph 2 of schedule 2 that concerns me. It states:
“Under the law of Northern Ireland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership… (and accordingly, the spouses are to be treated as civil partners).”
I just need reassurance from the Minister.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are getting to Third Reading points and I would not want the hon. Lady to use up the points that would be better made then.
Mrs Grant
I am afraid that, as this is a devolved matter, it is impossible for me to give the assurance that the hon. Lady is asking for. Northern Ireland, rightly, has to look at the issue itself.
Government amendments 40 to 47 deal with pension entitlements. They amend part 6 of schedule 4, which provides for same-sex married couples to be treated in the same manner and to be entitled to the same survivor benefits as civil partners. As drafted, that includes couples in same-sex marriages who have preserved their marriage following the change of legal gender of one of the spouses, and it is designed to ensure that all same-sex couples are treated alike for this purpose. We recognise that our policy of treating same-sex marriages in the same way as civil partnerships for occupational pension survivor benefits may create a problem in relation to survivor benefits for a very small group of individuals whose spouses change gender during their marriage. We understand that this could deter a transsexual person from seeking to change their legal gender because of the financial impact on their husband or wife. If the amendments are made, widows of marriages that become same-sex as a result of the husband’s change of legal gender during the marriage will still be treated as widows for the purpose of calculating survivor benefits in a contracted-out occupational pension scheme; and for schemes that are not contracted out, in calculating any entitlement to survivor benefits, the marriage will continue to be treated as opposite-sex marriage.
Human Rights Act 1998 (Repeal and Substitution) Bill
Lindsay Hoyle Excerpts(12 years, 11 months ago)
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Jacob Rees-Mogg
For the record, I think that the Deputy Speaker is so many leagues above me that I am not sure my hon. Friend is right. If one takes my hon. Friend’s point about the equality of humanity—the equality before God that I believe as a matter of faith—that does not mean that rights are always applied equally. Even in this Bill, the right to life—that most essential right—is qualified in the case of self-defence, so rights immediately become relative.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Just for the record, I think we are all equal unless there is a long intervention, when I might show a little more power.
Rory Stewart
Rights are indeed qualified, but that does not mean that they are relative. This is an important distinction. The clause that my hon. Friend mentioned does indeed establish the right but says that under certain specific circumstances it may be qualified or overruled. That is not a statement that the right is relative. It is not a statement that the right to life contained in the European convention on human rights is purely relative. It is not a statement that, below the threshold of the qualification, in other words, the specific circumstances in which a right may be suspended—this is what makes rights quite different from any other form of moral law—one’s possession of a right is not relative to the costs or benefits of upholding it in a particular case.
One’s right to life may be suspended at a certain threshold. The thresholds described in the European convention include those relating to civil disorder and military law. However, below those thresholds one’s right to life cannot simply be looked at in terms of the costs or benefits of upholding it in any particular case.
European Union (Approvals) Bill [Lords]
Lindsay Hoyle Excerpts(13 years ago)
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Geoffrey Clifton-Brown
To whom will the FRA be accountable? Who will set its agenda and control its budget?
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. The hon. Gentleman has been here a long time and normally addresses the Chair. This is not a private conversation between two Back Benchers. We have allowed the debate to drift, but I hope we will come back to having it through the Chair rather than having a private conversation.
Mr Deputy Speaker
Order. We could always continue the debate in the Tea Room if we are getting frustrated with the rest of the Chamber. I am sure that is not the case.
Mr Chope
In that case, Mr Deputy Speaker, I shall raise my voice to make it obvious that this is not a private conversation. My hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) would like to have this conversation on the record—it certainly would not be on the record if it took place in the Tea Room. The short answer to his question is that we have a great opportunity, because the FRA has its multi-annual framework approved every five years. If we believe it has the wrong priorities, this is the moment to change it. The Bill could be amended to reflect the concerns of this Parliament.
Mr Cash
I assure my hon. Friend 100% that, if this House, in its sovereign right, decides to repeal the European Communities Act 1972—we entered on a voluntary basis in that year—or any provision that emanates from section 2, by, for example, using the “notwithstanding” formula, we are entitled to do so. Nobody can do anything to stop us doing so. Whether the Whips would allow it is another thing.
Mr Deputy Speaker
Order. I have been very generous in allowing hon. Members to drift all over, but I am not going back to 1972. I want us to stick to Second Reading. We have a bit of time and a bit of latitude has been given, but I do not want to go to the complete ends of it.
Mr Chope
As you know, Mr Deputy Speaker, the fact that time is available does not mean we have to use it all. Other hon. Members may wish to participate in the debate. Some might regret that they missed the opportunity to participate when they look at the record. Some of us hope we will catch Mr Speaker’s eye in tomorrow’s debate, and might do our prospects some damage if we speak in extenso this evening.
This is a worthwhile debate and it is fantastic that we have the opportunity to discuss the Bill. I disagree with the hon. Member for Cheltenham (Martin Horwood), who is no longer in his place. He said that the relatively low attendance shows a lack of interest, but many hon. Members have looked at the issue and we are discussing it, and we look forward to the Minister’s response.
Obviously, most Europe debates from now on—for the next several years—will be preparatory to that great referendum. I would like the Government to start work on drawing up an audit of the costs and benefits of our EU membership. In the context of the Bill, they could do a lot worse than draw up an audit of the costs and benefits to this country of the work of the FRA compared with the work that is already being done in the Council of Europe—the Council of Europe’s work is being duplicated by the FRA.
I will not vote against the Bill, but I hope that, in due course, we have the opportunity to discuss amendments to it.
Police (Complaints and Conduct) Bill
Lindsay Hoyle Excerpts(13 years, 2 months ago)
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Damian Green
On the first point, I know that the IPCC is extremely aware of the desire for things not to appear to be unduly delayed. Indeed, that is one reason why we are here today—to put a Bill through all its stages in one day, which shows that the House and the Government are trying to speed the process up as much as we can.
On the application to the High Court, I know that my right hon. and learned Friend the Attorney-General is proceeding as fast as he can, and I think a decision will be made public very shortly. I can go no further than that, but the hon. Gentleman’s wider point is well made, and I absolutely take it. I am very conscious that people want to see that this process, having started after the report, is not unduly delayed at any stage. I am very keen, as I know are many other people who have been involved from the start, that that should happen.
That explains why the House should not today consider the wider reform of the IPCC, although we will examine whether there are other gaps in its powers. We have asked it what tools it needs to progress its investigations into Hillsborough, and this short Bill will ensure that it has the two additional powers for which it asked. The Bill thus represents an important step on the road from truth to justice for Hillsborough. All who support that aim will, I hope, support this Bill. I commend it to the House.
Mr Deputy Speaker (Mr Lindsay Hoyle)
I must now announce the result of the deferred Division on the draft order amending schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Ayes were 288 and the Noes were 213, so the Question was agreed to.
I must also announce the result of the deferred Division on the draft Civil Legal Aid (Merits Criteria) Regulations 2012. The Ayes were 287 and the Noes were 213, so the Question was agreed to.
Leveson Inquiry
Lindsay Hoyle Excerpts(13 years, 2 months ago)
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Mr Whittingdale
I have very little time left. I could probably spend another hour discussing the whole issue of privacy law, but I shall merely tell my hon. and learned Friend that I hear what he says.
I am absolutely at one with those in the Chamber who believe that we need to establish—
Mr Deputy Speaker
Order. The hon. Gentleman must not test the patience of the Chair. A great many other Members wish to speak.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Shorter interventions would be helpful. I know that two knights want to exchange views, but I worry about the costs that might be charged.
Sir Edward Garnier
I agree with the premise of my hon. Friend’s point but think that we perhaps draw different conclusions from it. Lord Justice Leveson has stated, as did our right hon. Friend the Secretary of State at the beginning of this debate, that the status quo is not an option, so if we learn nothing else from Leveson, we should learn that what went before cannot go on. It seems to me to be uncontroversial that the PCC is dead, for example. We need some other form of disciplinary body or regulatory system that matches public concern but also has parliamentary approval. We could approve through parliamentary procedure a body that is not statutory, but we could also approve a regulatory body that is not the creature of Parliament but that would be recognised and saluted by statute. There are plenty of other bodies that discipline the professions or other public bodies but that are not controlled by the Government.
Voting Eligibility (Prisoners)
Lindsay Hoyle Excerpts(13 years, 2 months ago)
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Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. I want to get everybody in and do not want to disappoint anyone, so we need short questions and speedy answers.
Thomas Docherty (Dunfermline and West Fife) (Lab)
Many members of the public will believe that this decision is because of the Human Rights Act. As the Lord Chancellor has said very clearly that it is not, will he confirm whether he supports repealing that Act?