Justice and Security Bill [Lords]

Nigel Evans Excerpts
Thursday 7th March 2013

(11 years, 8 months ago)

Commons Chamber
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James Brokenshire Portrait James Brokenshire
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I beg to move amendment 56, in schedule 1, page 16, line 31, leave out ‘(6)’ and insert ‘(5)’.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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With this it will be convenient to discuss the following:

Government amendment 57

Amendment 75, page 17, line 38, leave out from ‘ISC’ to end of line 43.

Amendment 73, page 18, line 34, leave out from ‘private’ to end of line 3 on page 19 and insert ‘from a person subject to the Official Secrets Act 1989.

‘(2) The ISC may only publish or disclose the information—

(a) by way of a report under section 3,

(b) if the ISC and the Prime Minister are satisfied that publication or disclosure would not be prejudicial to the continued discharge of the functions of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or any person carrying out activities falling within section 2(2), or

(c) if publication or disclosure is necessary for the ISC to comply with any enactment or rule of law.’.

Government amendments 59 and 60

Amendment 76, page 19, leave out from line 4 to end of line 7 and add—

‘Protection for proceedings of the ISC

6 No part of the proceedings of the ISC, including evidence given to the ISC may be used in any civil, criminal or disciplinary proceedings, except in the case of evidence given in bad faith.’.

Government amendments 61, 62 and 55

Amendment 71, in clause 2, page 2, line 29, at end insert—

‘(4A) Subsections (3) and (4) do not apply where a plausible claim has been made by or on behalf of an individual to the ISC that the Security Service, the Secret Intelligence Service or the Government Communications Headquarters has disseminated any information to any recipient concerning any person that appears to be—

(a) materially false; and

(b) harmful to the person defamed.

(4B) In any case where subsection (4A) applies, the ISC shall fully and expeditiously investigate the claim and, where the claim appears to be well founded, shall ensure that the misinformation is expeditiously corrected.’.

Amendment 74, page 2, line 29, at end insert—

‘(4A) The ISC shall consider the proposed appointment of the following, including by questioning the prospective appointee at a meeting of the ISC—

(a) the Head of the Security Service;

(b) the Head of the Secret Intelligence Service;

(c) the Head of the Government Communications Headquarters; and

(d) such other persons as the Prime Minister may direct.

(4B) The ISC may consider the appropriateness of holding hearings considering each prospective appointee’s proposed appointment in public.’.

Government amendments 63 and 64.

James Brokenshire Portrait James Brokenshire
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After that interesting debate about the basis for the important reforms that are taking place to strengthen the scrutiny, and perhaps some of the principles behind measures in the Bill relating to the parliamentary ISC, we will now consider a number of amendments that touch on procedural matters relating to the functions and operation of the ISC. I apologise to the House in advance that I will touch on a range of different points. I know that a number of other amendments have been grouped for this debate, so I will touch briefly on those and then reflect on points made in the debate. If time allows, I hope to respond to any further points that may arise.

Amendments 56 and 57 were originally tabled on Report in the other place and Lord Taylor highlighted that one possible consequence of the change in the Bill to refer to the Intelligence and Security Committee “of Parliament” could be that the ISC would have the power to take evidence on oath. However, further analysis concluded that the consequence of changing the ISC to a statutory Committee of Parliament would be that the ISC may, in future, take evidence on oath. Our view was that, when taken together, the Parliamentary Witnesses Oaths Act 1871, which concerns the power of Committees of the House of Commons to administer oaths, and its Lords equivalent, the Parliamentary Witnesses Act 1858, would give the ISC the authority to administer oaths.

However, the House services raised a concern with the Government about that provision and disagreed with our analysis that the change to “of Parliament” would give the ISC the authority to take evidence on oath. They believe that the Bill should contain an express power for the ISC to take such evidence. Following further discussions in response to that point, and with the intent of putting this issue beyond doubt, we have decided to address the concern of the parliamentary authorities by tabling amendment 57, which puts the ISC’s power to take evidence on oath beyond doubt.

The amendment makes it unnecessary to specify in the Bill who has the power to administer oaths on behalf of the ISC, as there is no longer any need to displace the provision in the relevant statutory authorities. Amendment 56 makes procedure in relation to the ISC hearing evidence on oath a matter for the ISC to determine, pursuant to paragraph 2(1) of schedule 1.

An amendment was agreed in Committee that places restrictions on the ISC’s ability to publish material that it receives in connection with the exercise of its functions, other than through its reports. We had a useful debate in Committee, which highlighted some of the issues and challenges and recognised the need for safeguards to ensure that sensitive material was not inadvertently disclosed, as well as the need for the ISC to be able to fulfil its duties.

The amendment addresses a consequence of the ISC being a statutory Committee of Parliament. In that context, the ISC will have a general power to publish information, which will sit alongside its express power to publish reports to Parliament. Absent the restriction, which is now contained in paragraph 5 of schedule 1 to the Bill, under that general power the ISC would have been able to publish evidence it has received other than through its reports to Parliament. Following concerns raised by my hon. Friend the Member for New Forest East (Dr Lewis), I was able to provide assurance that it was not the Government’s intention that the amendment would inhibit or limit some of the existing practices of the ISC, and made a commitment to look at the language to see whether there was any way of giving further assurance. I have considered that matter and, as a consequence, we have tabled amendment 60.

Amendment 60 would provide a further gateway allowing publication or disclosure where the Prime Minister and the ISC agree that this would not cause prejudice to the functions of the agencies or other Government security and intelligence bodies. This is the same criterion that is used in clause 3(4) of the Bill which allows the Prime Minister, after consultation with the ISC, to require that the ISC must exclude a matter from any report to Parliament.

The consequence of amendment 60 would therefore be that the ISC would be able to publish informally—for example, in an open letter—any information which, ultimately, it would be permitted to include in its reports to Parliament. As I have said, the criteria are exactly the same. I recognise the concern to ensure that the existing arrangements for the ISC and the steps that it takes are maintained, and that is in part reflected in amendment 73, tabled by my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) with the support—I believe—of the existing members of the ISC. While I am sympathetic to the intentions, and have had several discussions with my right hon. and learned Friend to work out some suitable language to address the issues, our view of amendment 73 is that it would have some unintended consequences. In its current form, the amendment would widen the net in a way that I suspect the ISC had not anticipated.

I shall return to the principle after I have gone through some of the technical issues that have been identified. The amendment refers to information received by the ISC

“from a person subject to the Official Secrets Act 1989.”

While I appreciate the intention behind the amendment, that phrase suggests that the prohibition should apply to any person inside or outside Government who had ever known, or been in a position to know, any classified information. Unfortunately, the effect of the amendment would be slightly different. The Official Secrets Act 1989 contains prohibitions of general application, most notably in section 5, and it extends to the whole UK. It even apparently covers some acts done outside the UK by British citizens or Crown servants. It would therefore cover information beyond the purview and structure anticipated. It would cover all information supplied by a person who has, at any time, been in a position to have access to classified information. Information supplied to the ISC by such a person will be covered by the prohibition whether or not it is in fact classified information, and whether or not it even came to that person in connection with the role in which they had or could have had access to classified information.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. There are four Members trying to catch my eye on this set of amendments and the knife falls at 4 o’clock, so I ask Members to be conscious of the time that they take to make their case in order to allow the Minister to respond.

Julian Lewis Portrait Dr Julian Lewis
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I shall be brief. On amendment 73, in the light of the undertaking given by the Minister to my hon. Friend the Member for Cities of London and Westminster (Mark Field) that the publication issues will be addressed in the memorandum of understanding, I am say on behalf of colleagues that we do not propose to press that amendment.

On the question of taking evidence on oath, I think I speak for colleagues on the Committee in saying that we are entirely happy with what the Government propose. On the use of the word “voluntary”, I can only re-emphasise what has been said by many other colleagues. The Minister endeavoured to explain to the House why this applies only to that part of our duties that relate to operational matters. All I can say to him and to the Government is that we will be spending an awful lot of our time trying to fend off critics who, wilfully or otherwise, choose to interpret the presence of the word “voluntarily” on the face of the Bill as implying that we do not have the ability to force the agencies to comply with our requests, when in most cases we do. There must be a simpler and less emotive term that can be used to express the same purpose, without leaving us open to such unjustified criticism.

On the question of privilege, I am still concerned, as are the Opposition, that sufficient measures have not been taken to empower the Committee and protect the Committee to anything like the same extent. For example, when the Committee discusses people’s possible involvement in serious criminal activity, could we end up in a situation in which some of our proceedings that involve statements —not from witnesses, but from Committee members—that in the ordinary course of events might be regarded as defamatory may result in court proceedings being taken against members in a way that would not be possible with members of a Select Committee in analogous circumstances? If we could end up in such a situation, the Government need to consider that problem very seriously indeed and do something about it at a later stage. I hope that the Minister will refer to that in his closing remarks.

On the question of pre-appointment hearings, I do not believe that the Committee has taken a corporate view as such, but one point must be made, and made strongly: this would add to the work load of the Committee’s staff. The Committee, as has been made crystal clear today, is already grotesquely understaffed by comparison with comparable committees and organisations in this country and in Europe. Therefore, were we to take on that further burden, we would definitely need better proposals for resourcing it than those that are currently ready.

The Opposition are quite right to resist amendment 71, because individual complaints against the agencies, such as that involving Binyam Mohamed, are not the responsibility of the ISC; they fall within the statutory remit of the Investigatory Powers Tribunal. That is the correct body to deal with such matters.

Finally, on the question of the Osmotherly rules, I am glad that the matter will be dealt with one way or another. We would prefer it to be set out in the Bill, but otherwise in the memorandum of understanding, because the ISC frequently needs access to the papers of a previous Administration, for example, or has to deal with matters that are sub judice, and we cannot row backwards from that situation. Subject to those comments, we are very pleased with the progress the Bill has made thus far.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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The debate will finish no later than 5 o’clock, so can all Members please show time restraint in order to allow everyone who wishes to speak to do so.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I think there are still three Members standing.

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Julian Huppert Portrait Dr Huppert
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I agree. That is now firmly on the record.

As a result of the Joint Committee’s work in the Lords, we saw the switch from “must” to “may”, which gave judicial discretion. That was one of the key changes made to the Bill. As a result of our efforts in the Commons, that led to full equality of arms and the reporting and review process, which the Minister agreed to take away and then came up with. It is definitely moving in the right direction, but there is further to go. I have mentioned the clarity on the subject of habeas corpus, but there is still the issue of a renewal process, be it annual renewal or five-yearly renewal, to give the House the chance to say, “Is it doing just what its proponents want it to do, or is it going further, as many of us feared it would?”

There have been several votes on the principle of the Bill, including one in the House of Lords, when my colleagues were joined by a total of two Labour peers and one teller and five others, and lost quite convincingly. It is a shame that amendment 1, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), was not taken on Monday, because it would have given the House the chance to have that vote. I pressed the same principle in Committee. I hope that the Lords will now step up and do more on this. Part 1 is a good step forward; part 2 is not. I hope that in the process of ping-pong we will be able to make further progress, because sadly it seems that it will pass through this House.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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There are still two Members left to speak. I call Jeremy Corbyn.

Jeremy Corbyn Portrait Jeremy Corbyn
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Thank you, Mr Deputy Speaker. I think you are asking me to be very brief.

Nigel Evans Portrait Mr Deputy Speaker
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I am suggesting that you split the time limit.

Jeremy Corbyn Portrait Jeremy Corbyn
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Oh, you are asking me to do maths as well. I will be extremely brief.

I have no quarrel with the right hon. and learned Member for North East Fife (Sir Menzies Campbell) in respect of his sincerity, honesty or support for human rights or how he put his case today. I disagree with his final point, but I have no quarrel with the judgment he reached or why he reached it, because I have observed him and his general approach to human rights in the House for a long time. When I say that I do not agree with him, it is not out of anger; it is out of sorrow. I am sure that in the next five minutes he will change his mind and take a different approach, or perhaps he will not.

My hon. Friend the Member for Walsall North (Mr Winnick) put it well when he said that the House has to make decisions on important issues of human rights, liberty, the rule of law and the role of Parliament. Successively over the past 30 years, and even before that, we have enshrined in law on many occasions various forms of secrecy, denials of justice and denials of evidence, and people have been wrongly prosecuted as a result. There is a litany of miscarriages of justice that many Members of this House have been involved in over many years, most of which have centred on withholding evidence, secrecy or, in some cases, confessional evidence.

Since 2001, there has been a significant game change. Draconian anti-terror laws have been introduced in this country and many others. As a result, the most grotesque miscarriages of justice have taken place, including Guantanamo Bay and extraordinary rendition. All the legislation has been enshrined on the basis that we have to protect the security services and prevent what they do from seeing the light of day.

As I understand it, the Government’s position is that they cannot defend cases where there has been British involvement with other security services in the abuse of human rights when the individuals involved seek restitution in the British courts because it would mean identifying where their evidence came from. They have therefore paid out millions of pounds. Instead of admitting that we have been a party to human rights abuses, we are passing legislation to bring a new process into law.

I understand the point made by the hon. Member for Cambridge (Dr Huppert), when he said that the Bill is not as bad as when it started its journey. My hon. Friend the Member for Aberavon (Dr Francis), the Chair of the Joint Committee on Human Rights, has done a lot of good work to improve the Bill, as he has for many other pieces of legislation.

However, I feel that the Bill sends out the wrong message. We should have had a debate and a vote on the removal of part 2 on Monday. It is regrettable that we did not. I am opposed to the Bill because I do not like the secrecy or the protection of those who commit human rights abuses, whether they be in the pay of this state, another state or somebody else. The use of open courts and criminal law where appropriate is far more satisfactory. I therefore register my dissent against the Bill.

Violence against Women and Girls

Nigel Evans Excerpts
Thursday 14th February 2013

(11 years, 9 months ago)

Commons Chamber
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Eilidh Whiteford Portrait Dr Eilidh Whiteford (Banff and Buchan) (SNP)
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It is a pleasure to follow the hon. Member for Battersea (Jane Ellison), and I congratulate the Members who secured this debate, in particular the hon. Member for Slough (Fiona Mactaggart), who opened it so eloquently.

The One Billion Rising campaign reminds us that one in three women will be raped or beaten in their lifetime. Today’s debate gives us an opportunity to commend the women and men who in so many different ways are refusing to accept the status quo and are working either to support the victims of sexual violence or to change laws, attitudes, customs and institutions that perpetuate abuses of power here at home and internationally.

On a day when so many people around the world are celebrating loving relationships, it is important to highlight the extent to which violence against women and girls blights our individual and collective lives and to acknowledge the systemic nature of violence against women. It affects all of us, directly or indirectly, whatever our age, nationality and religion. I am sure all of us will have experienced gender-based violence or will know a friend, sister, mother, aunt or work colleague who has experienced it.

It is also important not to be overwhelmed by the dimensions of the problem and the scale of the challenge of ending the culture of violence. Some 20 or 30 years ago domestic abuse was seen as a private family matter. Too often criminal violence in the home was not pursued as it ought to have been. It was a taboo subject. Breaking the silence around abuse has been an important milestone on the road to taking the issue seriously and tackling it. It is a multifaceted problem, but I believe it is underpinned by inequality between women and men, and is perpetuated through unacceptable abuses of power. One reason why it is so difficult to address is that it challenges deeply held attitudes and beliefs, understandings of justice and ingrained cultural perspectives—yet it is neither inevitable nor intractable.

As legislators, we have a special responsibility to tackle the grave and serious human rights abuses happening in our own community. We also need to recognise that we are not impotent to deliver meaningful progress. Today’s motion has focused largely on prevention within the formal education system. Obviously, education is a devolved issue in Scotland, and the structure of the curriculum does not mirror the situation in other parts of the UK. Nevertheless, I wish colleagues well in their efforts to improve the curriculum in England and Wales, and I hope there will be reciprocal learning on how the respective education systems can rise to the challenge, especially given the alarming attitudes to sexual violence recorded among young people, to which Members have alluded. The hon. Member for Totnes (Dr Wollaston) talked about the normalisation of violence, so I do not see how anything could be more of a priority for us.

One example recently brought to my attention in the Scottish context was a pilot scheme initiated by the Dundee violence against women partnership, which was an attempt to embed preventive measures in the curriculum for excellence in nursery, primary and secondary school settings. Working with a range of partners and using a rights-based approach, it tries to embed the idea that children and young people have rights and that their dignity is important. The project workers commented on how relatively easy it had been to integrate preventive measures across the curriculum. They used a thematic approach so that the issues could be addressed in an English class or a statistics class—not just in the timetabled slot for health, well-being or relationships education.

Another key part of addressing sexual violence is ensuring that perpetrators are held more accountable for their actions within the criminal justice system. Changing attitudes and beliefs will not be enough on its own if people cannot realise their rights. I do not think it would be controversial to say that the historical track record has not been good in domestic terms.

Again, I would like to share some perspectives from the Scottish context, which I am sure will resonate with hon. Members from other parts of the UK. I pay tribute to the Scottish Women’s Aid and Rape Crisis Scotland for its campaigning and advocacy to raise awareness and improve our legislative framework. Only one in four rape cases reported to the police in Scotland results in a prosecution; three out of four people who seek access to justice are still denied it. We know that huge numbers—perhaps a majority—of people who have been raped do not report it to the police. In that respect, confidence in the system remains far too low. Conviction rates have historically been woeful; they are improving, albeit from an abysmal starting point. It is easy to understand why many people who have experienced serious sexual assault are reluctant to put themselves through further trauma at a time when they might feel exceptionally vulnerable. Given the fairly low prospect of securing a conviction, it takes immense courage for women to come forward.

Our criminal justice system has failed and continues to fail far too many victims of rape and sexual assault. Many of us have been deeply saddened by the dreadful revelations about the suicide of Frances Andrade. Back in 2002, an equally tragic death took place in Scotland when 17-year-old Lindsay Anderson took her own life shortly after giving evidence at the trial of a person subsequently convicted of raping her. What was particularly appalling was that in court Lindsay had to hold up the underwear she had been wearing at the time of the attack. It was sickening and, frankly, it still leaves me speechless. In spite of real efforts to move away from using women’s character and sexual history in court, people subjected to sexual violence are still traumatised by the process, which can compound the very real harm done by the original offence.

I do not have much time left. Before concluding, I echo the points made earlier about the way in which women are portrayed in popular culture and about the misogyny often expressed in social media. We do not have any room for complacency. Prevention and accountability must go hand in hand. Together, we really can make progress and end—

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Gavin Shuker Portrait Gavin Shuker
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I will give way.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I am terribly sorry, but you have taken two interventions already.

Gavin Shuker Portrait Gavin Shuker
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I thought that was the case.

Nigel Evans Portrait Mr Deputy Speaker
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It was. I call Diana Johnson.

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Mark Harper Portrait Mr Harper
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I have just said that good teaching in schools is essential. I am not sure the route the right hon. Lady sets out is a valid one. I will take no lectures from her on the urgency of the task. She was in government for 13 years. She is now complaining about failing to legislate in the wash-up at the tail-end of 13 years of Labour government. If she meant what she said, she would have done something about it. I am afraid that her strictures are rather hollow.

This has been a very good debate. I think I am being glared at by Mr Deputy Speaker, and am being urged to bring it to a close. I am sorry that I have not been able to reference everyone who has spoken in this excellent debate. I think it will be followed by an equally excellent debate, with which Mr Deputy Speaker is keen to proceed.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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For no more than two minutes, Fiona Mactaggart will sum up.

Police

Nigel Evans Excerpts
Wednesday 13th February 2013

(11 years, 9 months ago)

Commons Chamber
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None Portrait Several hon. Members
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. The winding-up speeches will begin at 4.6 pm. Five Members are trying to catch my eye. May I ask them to show time restraint in the speeches that they are about to deliver? Meanwhile, I may well introduce a time limit in order to protect Back Benchers and ensure that they are all able to speak—following the speech from Mr Keith Vaz.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. Four Members wish to speak and I want to confirm that my maths is better than that of Keith Vaz. If all Members speak for a little less than 15 minutes, everyone will get equal time and I will not need to impose a time limit.

Crime and Courts Bill [Lords]

Nigel Evans Excerpts
Monday 14th January 2013

(11 years, 10 months ago)

Commons Chamber
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None Portrait Several hon. Members
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. A time limit will be announced after the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has finished her speech. Members who are preparing the length of their speeches in their heads should think in terms of not much more than 10 minutes.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. We will start with a 12-minute limit on speeches, although that does not mean that Members have to take 12 minutes, of course. That limit may well be reduced later this evening.

Child Sexual Exploitation

Nigel Evans Excerpts
Tuesday 13th November 2012

(12 years ago)

Commons Chamber
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None Portrait Several hon. Members
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. The time limit is now 10 minutes.

Intercept Evidence

Nigel Evans Excerpts
Thursday 18th October 2012

(12 years ago)

Commons Chamber
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None Portrait Several hon. Members
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I intend to call the winding-up speeches at 4.30 pm. Will hon. Members therefore be conscious that other Members wish to take part in the debate?

UK Border Agency

Nigel Evans Excerpts
Wednesday 4th July 2012

(12 years, 4 months ago)

Commons Chamber
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Keith Vaz Portrait Keith Vaz
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I will speak only very briefly because the Home Affairs Committee does not want to intrude on the time available for the Foreign Affairs Committee’s debate, which is about to begin.

I thank all Members who have taken part in the debate. They have all talked about their strong local relationships, and I want to pay tribute to my own caseworker, which I forgot to do earlier. Everyone else has paid tribute to theirs, so I should thank Diana Cank for her work.

The Home Affairs Committee will continue to scrutinise the UKBA in a robust way. We look forward to seeing the Minister before the Committee on Tuesday, and we will publish our next report in about three weeks.

Question deferred (Standing Order No. 54).

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I have now to announce the result of the Division deferred on the Question relating to the draft Police and Crime Commissioner Elections Order 2012. The Ayes were 304 and the Noes were 209, so the Question was agreed to.

I have now to announce the result of the Division deferred on the Question relating to the draft order on the amendment of curriculum requirements. The Ayes were 317 and the Noes were 199, so the Question is agreed to.

[The Division lists are published at the end of today’s debates.]

Foreign and Commonwealth Office

European Convention on Human Rights

Nigel Evans Excerpts
Tuesday 19th June 2012

(12 years, 4 months ago)

Commons Chamber
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Mark Reckless Portrait Mark Reckless
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Just to clarify, is the hon. Gentleman presuming that an independent Scotland would be part of a common travel area in the way that the Republic of Ireland is? If so, can he be certain of that—

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. We are straying way off the matter under consideration.

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Yvette Cooper Portrait Yvette Cooper
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On a point of order, Mr Deputy Speaker. The Home Secretary did not properly clarify earlier whether this motion is separate from the normal and proper debates on the different immigration rules. The Clerk of the Journals has now provided some clarification and reassurance that these are in fact separate. He has advised:

“The effectiveness of the statutory disapproval procedure for any particular Statement of Changes in the Immigration Rules laid before Parliament is a matter of law, which cannot be altered or over-ridden by any Resolution of the House of Commons.”

Will you confirm that that is indeed the case, because I think that would provide the House with important clarification and allow it to deliver a clearer message?

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I thank the right hon. Lady for notice of her point of order. The legal effect of the resolution is not a matter for the Chair; it is a matter for the courts. But I can confirm that, as a matter of procedure, agreeing the motion would not prevent the tabling of any motion to disapprove a Statement of Changes in the Immigration Rules as provided by statute.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. The wind-ups will start at six minutes past 8. Three more Members wish to participate, so I ask Members to give some consideration to others.

Family Migration

Nigel Evans Excerpts
Monday 11th June 2012

(12 years, 5 months ago)

Commons Chamber
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I remind the House that in order to ask a question about the statement, a Member must have been in the Chamber to listen to it.

Mark Reckless Portrait Mark Reckless (Rochester and Strood) (Con)
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I welcome the series of impressive and, dare I say, Conservative measures that the Home Secretary has announced. Given that thresholds are higher when children are involved, is there not a risk that people entering the country in order to marry will quickly have a number of children, and may therefore need state support although they are above the original threshold?

Home Affairs and Justice

Nigel Evans Excerpts
Thursday 10th May 2012

(12 years, 6 months ago)

Commons Chamber
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None Portrait Several hon. Members
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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I just want to make certain that everybody gets in during the remaining time available, so I am going to introduce a nine-minute limit.

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Mark Hendrick Portrait Mark Hendrick (Preston) (Lab/Co-op)
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This Queen’s Speech is a joke, but not a very funny one. Thankfully, we all know that the Queen did not write it, although she had the unpleasant task of having to read it out yesterday in the House of Lords.

I will say a little about policing in Lancashire. As many people will know, Lancashire has the best police force in the country—it has been independently assessed as the best of the 43 police forces in England and Wales. The right hon. Member for Carshalton and Wallington (Tom Brake) is no longer in his place but has been replaced by one of his Lib Dem ministerial colleagues, now the only Lib Dem Member in the Chamber, which shows what respect the Lib Dems have for the coalition speech that the Queen delivered. If we look at the police force in the right hon. Gentleman’s constituency, we will see that it will lose 1,486 police officers, or 1,907 police staff overall, including front-line officers, so I was quite surprised that the first thing he talked about in his speech was House of Lords reform. Given the fact that his constituents are losing so many police officers, I am sure that they will be horrified that their parliamentary spokesperson is putting House of Lords reform at the top of his agenda. That just shows how out of touch the Liberal Democrats are. When I go into my local pub or club, my steward and my constituents do not come up to me and say, “What we really need, Mark, is House of Lords reform.” They are talking about crime on the streets, antisocial behaviour and the day-to-day problems they have to deal with.

In talking of day-to-day problems that people have to deal with, and why we need the police to deal with them, I should point out that the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly), is losing only 65 front-line officers in his constituency. I am sure that in leafy Cambridgeshire the public will not miss 65 police officers, but they will miss 550 police officers in my constituency, and they will miss almost 1,500 police officers in Carshalton and Wallington. I know that the Minister’s constituency has a bit of trouble now and then when Huntingdon Life Sciences is attacked and a few extra police officers have to be drafted in, but the seriousness of these cuts is lost on some Government Members.

The hon. Member for Croydon Central (Gavin Barwell) says that Opposition Members accuse the Government of not being sympathetic to the lives that people face or to the victims of crime. I am sure that they are sympathetic, but we are talking about crime on a far bigger scale in many of our inner cities and in many parts of the country. That needs far bigger and more effective police forces that have to be able to deal with it.

We know that things are getting bad when the police themselves take to the streets to go on marches. There is a demonstration today in which thousands and thousands of police officers have descended on London, including officers from my constabulary in Lancashire, to protest about the 20% cuts in policing. Members of this House, as well as families and communities up and down the country, will be supporting them.

Fairly recently I met representatives of the Lancashire Police Federation, and they reminded me of a meeting I had with them four or five years ago, when Jacqui Smith was Home Secretary and they complained about changes to their working arrangements and pensions that took place under the previous Labour Government. When I met them a couple of months ago over a very nice lunch in Preston, they said, “Bring back Jacqui Smith”, but I am afraid that they do not have that option at the moment. What they are left with is a Home Secretary who basically does not give a toss—[Interruption.]

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. That is unparliamentary language. I ask the hon. Gentleman to withdraw that terminology.

Mark Hendrick Portrait Mark Hendrick
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I withdraw the comment, Mr Deputy Speaker. Perhaps I should use a more appropriate expression and say that the Home Secretary does not care as much as she should do.

As I have said, Lancashire constabulary is the best of the 43 police forces in England and Wales. Let us look at the sort of money that is being withdrawn by central Government. In real terms—cumulative cash terms—in 2011-12 there was a 6% cut, in 2012-13 there will be a 13% cut, in 2013-14 there will be a 17% cut, and in 2014-15 there will be the magic 20% cut that police forces up and down the country are facing.

The Government base their predictions on those of the Office for Budget Responsibility and predict that council tax will increase by 3.4% per annum. The OBR might be giving a figure of 3.4% per annum, but the Government are telling local authorities to freeze council tax, as many Tory authorities throughout the country are, so, when authorities look at the money available to them, particularly through the police precept, they find that, if everybody sticks to the Conservative line on freezing council tax, they will not have that 3.4% to include in the budget and, therefore, will have to cut even more from the police budget.

We know that, if councils want an increase of more than 3.5%, they will also have to hold a referendum to get that budget measure through, costing them not only in a referendum, but through the likelihood of losing it. Constituents will not want to pay more for a service that is not as good. The Government have therefore been cynical to say the least in putting forward this estimate of a 3.4% increase in council tax.

If we look at central funding for the Lancashire police force, we find that its income will fall from £220.21 million in 2011-12 to £195.53 million in 2014-15, and that we are going to see funding gaps in the first year of £13.82 million and in the final year of £8.32 million. That is from a very lean starting point for Lancashire constabulary: 28.6% of its back-office budget has gone; 20% of its middle-office budget has gone; and now almost 10% of its front-line budget has gone, despite the Prime Minister indicating that there was no need at all to cut any front-line police.

On the impact, 5,000 police nationally have already gone, and some 550 police officers will go in Lancashire, along with 250 police staff. Lancashire’s record is, however, fantastic. Crime has gone down year on year since 2004; all crime is down by 34%; acquisitive crime is down by 45%; burglary is down by 36%; violent crime is down by 31%; and antisocial behaviour has fallen since April 2009, from 155,000 incidents to 100,000.

The situation is ridiculous. When Labour left office there were record numbers of police officers on the streets, with over 16,500 more than when we took office in 1997. The Government should urgently rethink the scale of police cuts and set out a proper plan to cut crime instead. The Queen’s Speech included nothing about crime, and the Government will rue the day they did nothing about it, because, although their constituents will not feel the cuts in the way that ours do, they will still pay the price.

--- Later in debate ---
Alun Michael Portrait Alun Michael
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On a point of order, Mr Deputy Speaker. Surely it should be possible to correct what I am sure is an inadvertent misleading of the House by the Minister—he would not have intended to do it. The ASBO is a civil order. A breach of it is a criminal offence, tested by the criminal quality of evidence.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Further to that point of order, I call Mr Djanogly.

Jonathan Djanogly Portrait Mr Djanogly
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I think that is exactly what I said. If I did not, I am happy to reaffirm it.

The community trigger will empower victims and communities to demand that agencies take action against persistent antisocial behaviour problems. The Government will shortly set out our formal response to the consultation and our new powers, which will put victims and communities at the heart of agencies’ response to this problem.

The Bill dealing with families seeks to ensure that we tackle the root causes of delay in care cases as part of a wider package of reform that was set out in the family justice review. I am grateful for the interventions of my hon. Friends the Members for Milton Keynes North (Mark Lancaster) and for Harrow East in support of the Government’s intention to tackle the delay in care proceedings. I am also grateful to the right hon. Member for Leicester East for his support of the Government’s intention to legislate on a target of six months in care cases.

Reforms to the use of experts in family courts—on both the number and quality—have been rightly raised by the Chair of the Justice Committee. Proposed amendments to the family procedure rules and practice direction on experts were submitted to the family procedure rules committee in April. These amendments seek to ensure that expert evidence is commissioned only where necessary—this, in turn, will save time in proceedings.

On the quality of experts, Ministry of Justice officials have spoken to health regulators on developing minimum standards, and this will be an important area for my Department to improve.

Jonathan Djanogly Portrait Mr Djanogly
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I think that question is for others in the Ministry of Justice and the Home Department to address.

The adoption clauses on ethnicity will also help to reduce the time children have to wait for an adoptive placement and will see more children placed in stable loving homes with less delay and disruption. My hon. Friend the Member for Milton Keynes North gave a very well-informed speech on adoption and my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) spoke very well on the urgency of the early years of a baby’s mental development and the benefits of early intervention—