Amendment 262, in the name of the noble Baroness, Lady Walmsley, looks at thresholds for reporting and seeks to widen the duty to include the observation of suspicious behaviour or potential indicators of abuse. It is a well-intentioned, positive amendment but I say to her again that such indicators are complex and subjective, particularly for the many non-experts in scope, and the Bill itself is designed to focus on clear triggers where the reporter has an unambiguous reason to believe that they are in receipt of an allegation of child sexual abuse.
Lord Mann Portrait Lord Mann (Lab)
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The Minister gave a commitment earlier, I believe, to read the letter from IICSA. I have not seen the letter, although, unlike anyone from the Home Office, I was one of the two MPs who attended the inquiry. In fact, I represented people for 30 days at the inquiry, so if there are recommendations from those who spent many hundreds of days with the experts on the detail of the inquiry, can I take it that the Minister and his team will read and give consideration to the implications in relation to these or any similar amendments to the legislation that might come from the logic, the conclusions and even the specificity of what IICSA is proposing?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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As I said to noble Lords who raised the issue, we will look at and respond to the letter from the IICSA members, but I have not seen it, I have not got it in front of me and I am not going to respond to it today, even if it is passed to me, because I have to have some collective discussion with colleagues about the points that are raised. I just say to my noble friend that what the Government have tried to do since 4 July 2025—again, I pray in aid the statement, if he has not looked at it, of 9 April 2025 —is to meet the objectives of IICSA as far as we can. We have met an awful lot of the objectives that have been set, and they are before the House in the legislation today.

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Lord Russell of Liverpool Portrait Lord Russell of Liverpool (CB)
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My Lords, I pay tribute to the noble Baroness, Lady Owen, for her tenacity and the way in which she has consistently spoken up for the victims.

I will speak briefly to Amendments 273 and 274. The noble Lord, Lord Pannick, in his usual reassuringly expensive way, managed to pinpoint what this amendment is about. In effect, it would give courts an undertaking that they have a duty to see that the images that somebody has been convicted for taking and disseminating are destroyed. That seems unarguable. I hope that the Minister, with all her experience, can demonstrate why that should not be the case, because for almost everybody in the Chamber it seems to be a no-brainer.

In Amendment 274, we are revisiting some of the discussions that we had in Committee and on Report during the passage of the Online Safety Bill on the difficulty that victims have in being left to their own devices to deal with this, platform by platform, because each platform deals—or does not deal—with complaints in a different way. To have the indignity of having had something unmentionable done to you, which could happen on more than one platform, and then to have to individually pursue each platform and find that each platform has a different way of dealing with it and different hoops to go through, is piling injury upon insult.

We argued as well as we could during the passage of what became the Act that there should be much more thought given to the experience of victims as they try to confront what has happened to them and bring the organisations that have inflicted it on them, or enabled it, to book.

The way in which it has currently emerged from the Act and the way in which victims are still experiencing this huge variability and inconsistency is clearly an injustice, and I hope the Government will recognise that. Even if they are not ready and able to do something about it this evening, we would be most grateful for an undertaking that they will look at this very carefully and come back with something that the noble Baroness and the rest of us might find acceptable.

Lord Mann Portrait Lord Mann (Lab)
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My Lords, I find it hard to comprehend any reason why anybody on the Labour Benches could possibly contemplate not voting for these amendments. On Amendment 273, if the argument is, “Oh, leave it with us”, that is not convincing. The Labour Party has some problems with young women voters and problems with women voters; it has problems with all voters actually at the moment. There has to be more than “Leave it with us” as a response.

I say to male Labour Party members—I am speaking to the Labour Party, but I want to emphasise the point —that I have no intention of going back to my daughters and granddaughters without this, or something equivalent or better, going through. If the Labour Party thinks that it can stop that, it is a moment of some crisis.

That is not necessarily what I am hearing from the Minister’s opening remarks, but I have no intention of doing anything that would stop this, in this form or a better one, becoming law. I think I once met the Minister in her former life, but I have not had the pleasure of meeting her since she has been a Minister here. I found it refreshing that she had already made a number of—“concessions” is the wrong word—discussed and thought-through changes, having been prepared to listen. I thought that was refreshing; we are not hearing or seeing enough of Ministers who are prepared to do that. It is a weakness in all Governments in recent times, so it is very refreshing.

I hope to hear how we are going to accept these changes, because there is not a case to answer, in relation to Amendment 273, that this should be stopped. I am looking forward to a continuity of the very welcome approach, which will make my remarks totally redundant by showing that there is a new spirit emerging in how we work to get the best possible legislation that we can all be proud of.

Lord Berkeley of Knighton Portrait Lord Berkeley of Knighton (CB)
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My Lords, I will add just one small point, and in doing so congratulate the noble Baroness, Lady Owen, who I regard as a friend. It is a great thing that these amendments are not gender specific, by which I mean that men have also been targeted in this way. I would be grateful if the Minister could confirm that what she intends would cover people of both sexes if they are the victims of this horrible exposure.

We all know how difficult it is to change something that has been said, or an image. Therefore, anything in the law that helps us to take down things that are offensive or, as the noble Lord said, disgusting, is welcome. These things very often just lodge in the mind; that is why it is so psychologically damaging to think, “Somebody has seen this and now it is so difficult to take it down”. So I completely support these amendments.

Non-Consensual Sexually Explicit Images and Videos (Offences) Bill [HL]

Lord Mann Excerpts
Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, it is an absolute pleasure to take part in the Third Reading of this Bill. I give many congratulations to the noble Baroness, Lady Owen, on this rare and much-deserved victory with the contents of a Private Member’s Bill. She made a very generous comment about the Minister, and I failed to do so the other day. The noble Lord, Lord Pannick, paid tribute to the Minister. Even though he could not quite get over the line, at least some of the substance of the offence is there. I very much hope that that will remain in the Bill and that the noble Lord’s Commons colleagues will make sure of that. As we have heard in the debates on the Data (Use and Access) Bill, this is part of a wider battle against misogyny, and the noble Baroness, Lady Owen, has landed a really important blow in that battle.

Lord Mann Portrait Lord Mann (Lab)
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My Lords, the noble Baroness, Lady Owen, has had to run a gauntlet online of Corbynite malcontents, misfits and misogynists. Her courage in taking this forward with such persistence and skill should be commended additionally in that context. Those people ought to give a public apology to her today; they will not, of course, but that is on them, because the country is with her on this.

When I came into this place, I was a relative youngster. It is appropriate to note that this place does not simply require people of my generation—free bus pass people—bringing great wisdom and experience; it can benefit equally, and sometimes more, from younger voices bringing a different and more modern perspective. Perhaps that points some direction for the future of this place.

Lord Ponsonby of Shulbrede Portrait The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)
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My Lords, I personally agree with all the speakers so far. I say to the noble Lord, Lord Davies of Gower, that I absolutely agree that the Government should and do stand with the victims; it is the victims who are the main beneficiaries of the changes we plan to put through. I agree with the noble Lord, Lord Clement-Jones, that this is part of a wider battle, which we will continue to fight through other pieces of legislation that will be before us. I also agree with my noble friend Lord Mann that the country, as he said, supports the noble Baroness, Lady Owen. It is worth noting that I joined this House when I was about the same age as she is now. You can make changes, and the House is a welcoming place. The noble Baroness has certainly used her seat in this House for the benefit of victims, and I think there is no higher compliment that I can make.

The Government have set an ambitious target of halving violence against women and girls within a decade. We know that the majority of victims of intimate image abuse are women and girls, and we will do all we can to tackle it. Although we cannot support the Bill, I assure your Lordships that we continue to work tirelessly to tighten our laws to give women and girls the protection they need. As the House knows, we are bringing forward a package of offences to tackle the taking of intimate images without consent in the crime and policing Bill, which will be in the other place very shortly.

Our provisions tackling the creation of purported intimate images without consent, as amended on Wednesday, have now moved to the other place for further consideration. We intend to table further amendments there to strengthen the provisions and ensure that they can be applied effectively. I know that the noble Baroness, Lady Owen, is concerned about further issues, such as the definition of “intimate image” and the inclusion of wider types of images, such as semen images, and I confirm that we are looking closely at these issues as our provisions progress. So I thank the noble Baroness for her work on this matter.

Prison Capacities

Lord Mann Excerpts
Thursday 12th September 2024

(1 year, 5 months ago)

Lords Chamber
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Lord Mann Portrait Lord Mann (Lab)
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My Lords, I shall make two quick points—or perhaps two and a half, if I am quick.

My first point is to ask the Minister why, with the prisoners released this week, the local authority where I live was given no notice of which prisoners would be released from the local prison or who had a previous address in the local area? That has been the case with other prison releases over the past decade, but why is it that somebody does not inform local authorities and did not do so this week? Is that going to happen again?

The Government have made a big announcement, and rightly so, about planning infrastructure and bureaucracy, and there has been a lot of talk of a 10-year plan. That gives me the opportunity to raise something that I raised in the House of Commons many times, without any success. We have old prisons, such as Armley, in Leeds, that clearly want knocking down and the land used for expensive capital development, such as housing or whatever else, but they will need replacing with new prisons. Near where I live, and once represented, is Ranby prison. It is a more modern prison and does not need knocking down, and has vast amounts of land. I have regularly proposed to Ministers in many Governments that it would be a suitable place. There is a suitable workforce, with plenty of people who would love to work there in that industry, as plenty have done and do. Why not get on and build a brand-new prison there, with one governor and one set of management managing the two prisons as a combined prison? On long-term planning, I do not understand why that has not happened.

Queen’s Speech

Lord Mann Excerpts
Tuesday 18th May 2021

(4 years, 9 months ago)

Lords Chamber
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Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, I am enthused by the fact that the online safety Bill will have pre-legislative scrutiny. Indeed, I am so enthused that, if the Whips are listening carefully, I am prepared to offer my services to sit on such a Joint Committee. One of the reasons for that is because I see a weakness in the Bill, not in its wording but in its structure. It is missing enabling powers to allow civil society to take action over online hatred. It has often been posed that we need the police to do this or that. Frankly, that is a logistical nonsense when it comes to online abuse and hatred.

I cite the example of football. If the perpetrators of the racist and other abuse that footballers receive had to have their identity provided by law, the banning orders that football could bring in would be a far heavier sanction, in terms of their impact on the behaviour of many individuals, than the fines the courts could apply. The football banning orders legislation of, I think, 1989 could be tweaked to add the concept of online harm so that, where there is a criminal conviction for football-related online crime, a football banning order for six to 10 years could be immediately added. That would have a huge impact on the behaviour of football supporters, both spectators and those online. Sky television and others, using their own civic powers, could well be persuaded to join in by removing the ability of the online abusers even to watch from a distance the football that they would be banned from attending. That is one example of how civil society could assist.

On the issue of football, I am hearing a lot of talk from politicians about how, with the European Super League, we could potentially emulate Germany. I spend a lot of time working with German football and have done for many years. I fully understand the tripartism that has been in Germany post-war, but it is not as simple as people think. People think that there is a 50+1 procedure in German football. If we take the 18 clubs of the Bundesliga, Volkswagen owns Wolfsburg, Leverkusen is owned by Bayer, and Red Bull owns Leipzig. Hoffenheim has a wealthy individual who has put in a vast amount of money. That has not been fan ownership. Bayern Munich is the classic example: every major German multinational is on its board. That is where the key decisions are made, not on the supervisory board. That is an illusion that some, in particular in the other House, are running on at the moment.

It would be far better to give powers by law to football supporters—I would deem the best definitions to be in the football banning orders legislation, which gives definitions; I would use season ticket holders as the empowerment group—to allow 75% of football season ticket holders in a particular club to veto new competitions the club goes into, shifts in location and changes in the registered colour of the club. That would give fans what they want. I am sure that could be tagged on to some legislation during this Session.

Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

Lord Mann Excerpts
Tuesday 2nd February 2021

(5 years, 1 month ago)

Lords Chamber
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Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, I would like to ask the Minister how an individual who has been evicted will be traced—for example, there is tracing currently for the South African virus variants—or how they will be contacted for an appointment for their jab if they have been evicted.

I know that the Minister, his predecessor and his officials will have been involved in detailed discussions and research looking at this issue, which is obviously fundamental to getting out of the current health crisis. All my experience suggests that there is a direct correlation between the ability to interact with the NHS and the stability of housing. Therefore, the more that people are evicted and moved, the less their interaction with the health service will be, and the more vulnerable they and society will be—either by not being traced when there is an emergency requirement or by not being contacted when there is an opportunity for them to receive the vaccine.

What is the propensity for someone not to be registered with a GP who is trying to communicate with someone, having lost the address when that person has been evicted? It is a big issue for NHS business planning and is not new. What discussions have taken place over the past year between the Minister’s department and the department of health to clarify that matter? It is an important consideration now and in the future.

A second issue is a microcosm of a problem that I have raised previously but not with any success, relating to the Traveller community. It is more vulnerable to eviction under the criteria that the Minister has set out, yet it is by definition more likely then to move to another area. Given the context in which these regulations are made—the health pandemic—what specific attention has been given to the requirements of the Traveller community and its danger of being evicted, either from a fixed location or from within the community? Some Travellers are evicted by others in that community from less-fixed accommodation. How does that issue fit into the strategy?

Anti-Semitism: University Campus Incidents

Lord Mann Excerpts
Thursday 21st January 2021

(5 years, 1 month ago)

Grand Committee
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Lord Mann Portrait Lord Mann (Non-Afl)
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My Lords, the Council of Europe, the European Union, the British police for the last nine years, Chelsea Football Club for the last two years, and universities, some for three years, have not just thought about the IHRA definition; they have used it. There are no examples of it restricting free speech in any way. Every one of the examples cited by some maverick academics is an embellished falsehood, but do not take my word for it. This week, the Palestine Solidarity Campaign, in its training document, stated that there are no such examples.

The IHRA creates a framework for democratic debate. We are the ones in favour of democratic debate and academic research, not those who are against it. Jewish students have a right to be themselves on a university campus. That is what the IHRA gives us. I look forward to more information and announcements next week, as this spreads worldwide. I call on the Government to give it maximum support, not least in allowing me and others to have proper dialogue with the new Biden Administration, to ensure that they are at the heart of getting this success into American universities.

Oral Answers to Questions

Lord Mann Excerpts
Tuesday 6th March 2018

(8 years ago)

Commons Chamber
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Rory Stewart Portrait Rory Stewart
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I take this opportunity to pay tribute to the work of my hon. Friend, particularly on prisons and advocating for the prison population in her constituency. It is absolutely true that there is a strange anomaly in the human resources procedure, and we must tackle it. It cannot make sense that people are paid more to act up than to occupy the role. We want people to have career development and we will focus on the issue immediately.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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7. How many prisoners have undertaken work experience before release in the last 12 months.

David Gauke Portrait The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
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In 2016-17, offenders completed 16 million hours of work and there were, on average, 11,200 offenders working in prison workshops. In the same period, 2,048 individuals were released on temporary licence for work-related purposes. The New Futures Network will aim to get even more prisoners working during their sentence and to see that that work leads to employment on release.

Lord Mann Portrait John Mann
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I know that the Secretary of State is new in office, but people at Ranby Prison have been waiting for two years now to be able to get on with creating the sports facilities that they are capable of building inside— the seating, the dugouts for community sports, and even the changing rooms—but the one thing they have not been given is the Secretary of State’s permission to proceed with doing this commercial work. Could I incentivise him with perhaps a cup of tea afterwards, to concentrate his mind on why he needs to make this decision urgently?

David Gauke Portrait Mr Gauke
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Certainly, the prospect of a cup of tea with the hon. Gentleman does concentrate the mind, and I would be delighted to accept his invitation. We are trying to ensure that we have a prison system that encourages people to progress by having opportunities to gain experience of work, and I am keen to do that in this post.

Oral Answers to Questions

Lord Mann Excerpts
Tuesday 1st November 2016

(9 years, 4 months ago)

Commons Chamber
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Phillip Lee Portrait The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)
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Care applications are made only when a child is suffering, or is likely to suffer, significant harm. The rise in care applications requires a cross-system response, and we are working closely with a range of partners to establish its causes and mitigate its operational impacts. Conflict during divorce is often focused on children and the division of assets. Mediation can be a quicker alternative to court, and legal aid is available to eligible parties.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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Recognising the significant flexibility recently given to the governor of Ranby prison in employment and rehabilitation matters, may I propose that the Prisons Minister and I conduct a joint visit to maximise local and national support for that reform?

Sam Gyimah Portrait Mr Gyimah
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With trepidation, I accept the hon. Gentleman’s invitation to a joint visit to Ranby. I am grateful that he appreciates the reform. Giving prison governors real power can make a difference.

Oral Answers to Questions

Lord Mann Excerpts
Tuesday 6th September 2016

(9 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. We now need to make progress as there are a lot of questions. Progress thus far has been slow, so we can be speeded up by Mr John Mann.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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2. What assessment she has made of her Department’s contribution to tackling online hate crime.

Phillip Lee Portrait The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)
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Hate crime is abhorrent and has no place in society. The Government published their plan to tackle hate crime, “Action Against Hate”, in July 2016. This Government believe that the enforcement of criminal legislation has an important role in tackling online hate. We also need deterrence and prevention, which require a broader response, from counter-narrative activity through to effective management from the internet industry.

Lord Mann Portrait John Mann
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The last time I asked the Secretary of State a question in here, she invited me to join her on a delegation to China. May I reciprocate and invite her and her Front-Bench colleagues to come to Bassetlaw day in the Jubilee Room, hosted by me and the hon. Member for Newark (Robert Jenrick)?

True Vision, the internet reporting organisation based in the Secretary of State’s offices, is the pride and joy of her Department and the envy of every other Government in the world. Is she going to allow it to disappear into some other Department, or is she going to keep it in her Department?

Phillip Lee Portrait Dr Lee
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I thank the hon. Gentleman for his characteristically delivered question. The Secretary of State has, I gather, recently written to him on this matter. The cross-Government hate crime programme is highly regarded by this Government and internationally. I am committed to ensuring that that important work continues.

Draft Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

Lord Mann Excerpts
Thursday 7th July 2016

(9 years, 7 months ago)

General Committees
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Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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We all know who is behind this order: a Chancellor of the Exchequer who is totally discredited. All his proposals should be taken off the table now. He has failed to introduce his promised emergency Budget that he said was necessary, and now he is punishing the most vulnerable people in society, probably because of the way that they voted in the referendum.

I am no lawyer, but I take employment tribunal cases for constituents like Alan Hardwick, who has spent 15 years working for the same employer. He gets locked out and then finds that some new agency workers who happen to be new migrant workers in the country are taking his job. They are there the next day, being paid a lot less, and he has to go to a tribunal to try to get anything out of it. The law is already far too weak for people like Mr Alan Hardwick.

Or there is Michaela Lake, who is 16 years old. She and her colleague are in their first ever job, working in a hairdresser’s. They work for four weeks and do not get paid. The owner disappears, and they have still never been paid. I track him down on a Tory website, because he is a Tory donor and activist in Gosport, but what can Michaela and her colleague do? How can they pay the fees? Michaela Lake had not been paid; that was why she was going to a tribunal. Not a penny was paid in her first job—welcome to flexible labour market Britain. Welcome to fairness Britain. And some people wonder why there is a bit of a people’s rebellion going on at the moment. Why should she have to pay anything? Why should she have to pay more to go to a tribunal?

What about John Anderton, a driver with Eddie Stobart, or Brian Jackson, or 50 others who were slung out as the company was restructured? Every one of them has to pay a fee to go to tribunal to get the money they are owed, never mind compensation or the redundancy they have not been given. They have to pay a fee to get their holiday pay and their wages from the last week they worked. Stobart is not a tiny little employer like that Tory from Gosport, but employers like that still do the same thing. The balance of power is wrong.

The law is too weak, yet Parliament chooses not to listen to what is going on out there and not to get a glimmer of inspiration from the people. Many of them have never voted before, but they are now participating in politics in this country, and look at how they voted. Brian Jackson had a big poster up when I went past his house in Langold village, which voted 85% in a certain direction.

Tory Members voted in different ways, so I am just appealing to those of them who want to remain in contact with the wider public. I say to them, vote with your conscience. Here is an opportunity to knock back the Chancellor of the Exchequer, who hits the wrong people in the wrong way. Let us make a little mark by standing up for the little man, the little woman and the 16-year-old who has not been paid. Let us stand up for people’s rights and for empowerment, because that is what this is about.

Of course the money matters, but this is about empowerment and what we say to people about how they are being forced to pay, and then pay more, for their basic human rights. There are people who work at 16 years old and do not get paid at all. What kind of country are we living in where it is not automatic that their employer should be jailed, never mind taken to a tribunal? That 16-year-old should be paid to go to a tribunal, never mind having to pay fees to go to it. That goes for Alan Hardwick too, and for Brian Jackson, John Anderton and many more of my constituents. Those are just the ones I have represented in tribunals. Sometimes nobody bothers turning up, or sometimes there are fancy lawyers there who are paid lots of money to defend the indefensible, minimise the situation, talk about the technicalities of how the forms are filled in and grab back the money that is due to decent people from my constituency. That is why this is so important.

I see that heads are down on the Conservative Benches, but I want to look into the eyes of the Tories who want to stay in touch with the world. There could be an election coming up; they have to be careful. My advice is to listen to what the people are saying and, on this occasion, vote with the Opposition parties.

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Shailesh Vara Portrait Mr Vara
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The hon. Gentleman is right that the Scottish Government have taken a different approach. However, there has been a distinct lack of any mention of where they will get the money from. From which other budget will they take it? Until that response is given, the promise of scrapping one set of fees is somewhat hollow, commendable though it is. There is an element of balancing budgets here.

It is not unreasonable to charge people who use the courts and tribunals system so that they make a contribution for that use. The order is not about profit—it is simply wrong to say that it is. In fact, it shows a complete lack of understanding of how the courts and tribunals system operates. It is abundantly clear that the fees will be used to help run the courts and tribunals system and will go towards the additional £700 million that the Chancellor has made available to ensure that we have a 21st-century, first-class courts system that is the envy of the world. There is simply not a bottomless pit of money, and we must remember that we are talking about taxpayers’ money.

The issue of employment tribunal fees is not relevant to this debate, but I will briefly make one or two comments to rebut some points that have been made. As the hon. Member for Glasgow South West said, the latest figure for the cost of employment tribunals was £71 million a year. It is therefore not unreasonable that the public should contribute towards the use of those tribunals. What has not been taken note of, however, is that some 83,000 people have used the ACAS early conciliation scheme, which is free.

It is ironic that some Members here claim to represent the public, given what they have said today. Indeed, the hon. Member for Bassetlaw said that we are not in touch with the public. He is the one who is not in touch with the public, because he is seeking to scrap fees. We are instead encouraging people to use a system that is absolutely free, with no lawyers’ fees, no court fees—no anything. We have the irony that these people are standing up and advocating a system of people going to employment tribunals, which would necessitate cost.

Lord Mann Portrait John Mann
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Irony? The irony is that people are required to go to ACAS. Does the Minister think that in the cases that I take, we do not go to ACAS? The employers, like that Gosport Tory, refuse to answer the phone calls and letters from ACAS. Of course we go through ACAS. These bad employers do not settle in ACAS. I do not suggest that the taxpayer should be funding the service—of course the taxpayer should not be funding it. There should instead be proper fines for employers that break the law. That is how the tribunal system ought to operate, and that—enforcing and strengthening the law—would be easy to do.

Shailesh Vara Portrait Mr Vara
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The hon. Gentleman said that he was not a lawyer, but he does not have to be a lawyer to know that people who go to employment tribunals and win are entitled to have their costs repaid, including the cost of the fee.