Rape Victims: Disclosure of Evidence

Suella Braverman Excerpts

Monday 29th April 2019 Commons Chamber

[Mr Hurd]

The hon. Gentleman lets himself down by trying to make cheap political points on this issue, because we are talking about a very serious matter in our criminal justice system and its integrity. He and other Opposition Members know that the problem of disclosure has run for a very long time, going way back into the 1990s, and I would have hoped that there would be cross-party support for what is being done to make radical improvements to that process.

The hon. Gentleman will also know that one of the big game changers in recent decades has been the exponential growth in the volume of digital data and the challenge that that brings to the police. He continues to give the impression that what has been announced today is a new process, but the police have been taking and requesting access to mobile phones for some time. What today represents is a well-intentioned attempt by the police to bring together best practice in a national form so that there is consistent practice across the country and so that consent is as well informed as possible—that is the intention of this form.

[Suella Braverman (Fareham) (Con)]

I was never a specialist in criminal law, but my time as a barrister taught me that, during litigation or prosecution, both sides come under an ongoing duty of disclosure. That is a vital principle of our justice system, made all the more important in this context where we have seen a number of rape and serious violence cases collapse upon the emergence of subsequent evidence. Does my right hon. Friend agree that what has been proposed is proportionate, reasonable and sensitive, and therefore is not anti-victim but pro-justice?

[Mr Hurd]

I believe so. We have to be clear that there is some risk, but there is also a counter-risk, to which my hon. Friend alludes, that continued disclosure failures would lead to more cases, such as that of Liam Allan and others, collapsing at the last moment, which is disastrous for everyone involved. No one should pretend it is easy, but we are very clear, and the House should be very clear, that we need to make material, rapid improvements to the disclosure processes, because they are the heart of the integrity of our criminal justice system.

Windrush Compensation Scheme

Suella Braverman Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Sajid Javid]

I thank the right hon. Lady for her comments and also for what she said about Martin Forde QC and the work he has done to make this scheme a reality. She started by saying that this should never have happened. I absolutely agree with her and always have. I think the whole House agrees on that. Of course none of the people who were caught up were here illegally; they had every right to be here.

The right hon. Lady has referred to the compliant environment. Sadly, she talks about it as though it were an environment that had been put in place since 2010. However, she knows that the right to check whether someone is here illegally and a number of other rules and regulations were put in under the previous Labour Government. She talks about how people were affected, and we are all trying to deal with this issue and to provide justice, but it is worth reminding the House that when the historical review was done and it was determined that 164 people were the most likely to have suffered detriment, almost half of them had suffered detriment under the previous Labour Government. It is worth keeping it in mind that successive Governments have in effect caused this problem, and it is no good trying to point the finger at one particular Government.

The right hon. Lady talked about the EU settlement scheme. It is precisely because of the lessons of Windrush that we need a scheme that cannot just be declaratory in approach. We need to ensure that our EU friends who are here in this country are properly documented. The abiding lesson from Windrush is the lack of proper documentation. She has rightly talked about those who want to have UK citizenship, and she knows that we have set up a special route for that. Approximately 4,000 people have taken advantage of that, at no cost to themselves. She is also right to say that the scheme is not just open to people of Caribbean origin, and I am glad we agree on that. She asked about the urgent exceptional payments fund. This is not just another compensation scheme; it is supposed to deal just with urgent exceptional payments. It is not capped, and I understand that nine payments have been made so far.

The right hon. Lady also asked about the compensation scheme, and how much it was likely to cost. There is no cap on the scheme, so no one knows what the eventual cost will be. It will be based on people’s needs and the claims that are made by eligible people, but the baseline estimate from my Department is that it will be approximately £200 million. She also referred to legal fees and private healthcare costs. I can tell her that in both those cases, although there is a tariff structure, both allow for actuals being paid in certain circumstances where proof is provided.

[Suella Braverman (Fareham) (Con)]

My parents came to the UK in the late 1960s from Mauritius and Kenya, both of which are Commonwealth countries. They came with no one and with nothing except a desire to make their lives in Britain and to serve our country, like the parents of many in this room. They could have been caught up in this episode, so I welcome the Home Secretary’s commitment and action and his statement today. Does he agree that the compensation scheme represents real progress towards securing justice for the Windrush generation and that the independent Wendy Williams lessons learned review is the vital next step in the process?

[Sajid Javid]

I agree with my hon. Friend, and I want to take this opportunity to thank her parents and the parents of millions of others for their contributions to this country. I agree with her about the importance of Wendy Williams’s work, which will be a vital step to ensuring that we right the wrongs.

EU Nationals

Suella Braverman Excerpts

Wednesday 29th November 2017 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

The International Trade Secretary told the Tory party conference last year that the Government

“would like to be able to give a reassurance to EU nationals in the UK, but that depends on reciprocation by other countries”.

He said any other strategy

“would be to hand over one of our main cards in the negotiations and doesn’t necessarily make sense at this point”.

That is using the EU nationals here as bargaining chips—that is the Government’s approach. This could have all been resolved quickly if the Government had made a unilateral guarantee of rights, as Labour Members were pushing for, and it would certainly have been reciprocated by the EU. At the start of the negotiations, the EU tabled an offer that opened the doors to a reciprocal arrangement. Had the UK accepted it and worked with the EU on the details, we may have settled the issue by now. But the UK did not take that course and instead has created a climate of uncertainty and confusion. That uncertainty has already led to discrimination against EU citizens.

[Suella Fernandes (Fareham) (Con)]

rose—

[Afzal Khan]

I am going to make some progress, as we have limited time. Labour and the EU citizens’ rights group the3million found more than two dozen examples of job, housing and other adverts that illegally prevented applications from EU nationals. Those adverts have been reviewed by the Equality and Human Rights Commission, which has written to a number of the advertisers. How can EU nationals who have been here for decades continue to feel welcome if we allow discrimination of that kind?

Even the Home Office is finding it hard to deal with the confusion. Over the summer, it sent hundreds of letters to EU nationals living in the UK, ordering them to leave the country or face deportation. The letters were intimidating and unsettling, especially given the fact that the recipients were in the UK perfectly legally. Instead of providing assurances from day one, the Government made their own offer on EU citizens’ rights. Their so-called settled status offer has been extensively criticised by the3million. The Government must urgently improve their offer and stop acting as if this settled status is a settled matter.

The problem with settled status is that the Government seem to think that assimilating EU nationals into our existing immigration system is sufficient. That was the vision set out in the leaked Home Office White Paper, but it is not sufficient. The Government will have to realise quickly that both our non-EEA and EEA immigration systems need a total overhaul. Moreover, although this debate focuses on EU nationals in the UK, let us not forget British citizens living in EU27 countries. Despite the pensioner stereotype, some 80% of them are working, often on a cross-border basis. What are the Government doing to secure their right to freedom of movement and the recognition of their professional qualifications? What assurances can the Minister give today that those rights will be guaranteed before we proceed to phase 2 of the negotiations?

Another problem is the attitude of some Government Members, who seem to imply that EU nationals are lucky to be in this country, rather than acknowledging the value they bring and the contribution they make to our economy and communities, particularly our public services and not least the NHS. There are 58,000 EU nationals working in NHS hospitals and community health services in England alone.

[Suella Fernandes]

The Prime Minister has said clearly,

“we want you to stay”

and that we value their commitment. What part of that does the hon. Gentleman not understand?

[Afzal Khan]

It is clear that things are still confusing for everyone. What part of this does the hon. Lady not understand—that we need to give a simple offer so that we can move on?

In total, there are 2.4 million EU migrants working in the UK, and a far greater proportion of them are in work than of the population as a whole. They make a huge contribution. What they desperately need now is certainty before the conclusion of phase 1 of the talks. This is what the hon. Lady needs to understand: we need certainty for EU citizens in the UK, for UK citizens in the EU and for the businesses and communities in which they have built their lives. The Government have provided none, as they are still busy negotiating with themselves.

It seems to be an alien concept to the Government, but citizens have rights. EU nationals came here in good faith when their rights were guaranteed under freedom of movement rules. Rather than guaranteeing those rights, the Government are offering them the opportunity to reapply for them, charging them for the privilege, and then pretending that nothing much has changed. That is transparently false. No wonder the EU negotiators seem to believe that the Government are incompetent. The Opposition value EU nationals; it is high time that the Government did, too, and followed up their warm words with action.