Justice

Alan Brown Excerpts

Wednesday 15th May 2024 Written Corrections

The following extract is from Justice Questions on 14 May 2024.

[Alan Brown]

The introduction of tribunal fees previously led to a 54% drop in the number of cases going forward, and the scheme was deemed unlawful by the Supreme Court, so it beggars belief that the Government are looking at reintroducing tribunal fees, and giving a green light to bad employers to exploit workers, who will be deterred from coming forward. What does the Minister say to the 50 organisations, including the TUC, Citizens Advice, the Joseph Rowntree Foundation and Liberty, that are calling on the Government to reconsider the reintroduction of tribunal fees?

[Gareth Bacon]

I thank the hon. Member for his question. Many of these issues were raised when the statutory instrument passed through Parliament. The Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), who is the courts Minister, has written to the Senior President of Tribunals to convey those concerns, and I think that is in part why my noble and learned Friend is meeting the Senior President of Tribunals tomorrow.

[Official Report, 14 May 2024; Vol. 750, c. 119.]

Written correction submitted by the Under-Secretary of State for Justice, the hon. Member for Orpington (Gareth Bacon):

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 14th May 2024 Commons Chamber

[Laura Farris]

I want to provide some reassurance to the shadow Minister. Under our scheme, no sexual offender, no terrorist offender and nobody who has been convicted of a serious violent crime or been convicted for four years or more will be eligible for early release. I would just remind him that the slight distinction between our scheme and that conducted under the last Labour Government between 2007 and 2010 is that we have a governor lock. That means that the governor of any prison can prevent an individual prisoner from being released early if they do not think that it is suitable to do so, and that was not the case under the last Labour Government.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

3. What recent assessment he has made of the effectiveness of proposed reforms to employment tribunal panels.

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

The employment tribunal panel composition arrangements are now a responsibility of the Senior President of Tribunals, and I understand that he intends to publish the responses to the consultation on proposed reforms shortly. He has a statutory duty to consult my right hon. and learned Friend the Lord Chancellor before making these arrangements, and my noble and learned Friend the Parliamentary Under-Secretary of State for Justice will be meeting the Senior President of Tribunals—I think tomorrow—to discuss his proposals as part of that duty.

[Alan Brown]

The introduction of tribunal fees previously led to a 54% drop in the number of cases going forward, and the scheme was deemed unlawful by the Supreme Court, so it beggars belief that the Government are looking at reintroducing tribunal fees, and giving a green light to bad employers to exploit workers, who will be deterred from coming forward. What does the Minister say to the 50 organisations, including the TUC, Citizens Advice, the Joseph Rowntree Foundation and Liberty, that are calling on the Government to reconsider the reintroduction of tribunal fees?

[Gareth Bacon]

I thank the hon. Member for his question. Many of these issues were raised when the statutory instrument passed through Parliament. The Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), who is the courts Minister, has written to the Senior President of Tribunals to convey those concerns, and I think that is in part why my noble and learned Friend is meeting the Senior President of Tribunals tomorrow.

Violence Reduction, Policing and Criminal Justice

Alan Brown Excerpts

Wednesday 15th November 2023 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

The whole House will want to send their deepest condolences to the hon. Member for Oxford West and Abingdon (Layla Moran) after what we have just heard.

This has been a strong and powerful debate on the King’s Speech, and all hon. Members, despite the most challenging and difficult circumstances in the middle east, feel very grateful for the depth and quality of the contributions. We also heard the most outstanding maiden speech from my hon. Friend the Member for Rutherglen and Hamilton West (Michael Shanks). It was thoughtful, humorous and full of lived experience and fantastic Scottish history. I am sure that his career in this House will be very successful.

We had a lot of contributions about crime of course, given the nature of the debate, and it was good to hear from the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill). He was right to remind us about the cost of imprisonment and that every prisoner costs £47,000, and about the importance of the Government adopting a Labour position on shorter sentences. I was grateful to hear the Secretary of State moving in a Labour direction and disagreeing on this occasion with his colleague, the right hon. Member for South Holland and The Deepings (Sir John Hayes) who is not in his place at the moment —[Interruption.] Forgive me, he is.

We also heard from the Chair of the Home Affairs Committee, my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), who raised spiking as a growing issue in our country, along with sexual exploitation, as well as the need to move forward with a statutory description. We heard from my right hon. Friend the Member for Garston and Halewood (Maria Eagle) and my hon. Friend the Member for Liverpool, West Derby (Ian Byrne) about the long campaign for justice and a Hillsborough law, and about how painful it was, and will be for many people, that, despite the report of Bishop Jones, that measure did not find its way into the King’s Speech two and a half years later. My hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) raised policing in Wales, and my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) spoke about the horrible scourge of knife crime, and the failure to ban Rambo and zombie knives. We are still waiting.

Let me turn to the amendments and the horrors of war that I know every Member of this House and so many of our constituents are all focused on tonight. I will start with a meeting I held two weeks ago in Cairo with the Egyptian Foreign Minister. He reminded me that it has been almost exactly half a century since Egypt and Israel were at the height of the Yom Kippur war—a 25-year pattern of conflict that some feared would never end. There were devastating losses in the Sinai and whole armies facing encirclement by the Suez canal. Few expected the narrow diplomatic openings to lead to lasting peace, but diplomats seized those narrow openings.

Then, in 1977, Sadat came to Jerusalem, setting the two countries on a path to a peace that has held ever since. Minister Shoukry reminded me of that. Although it may seem impossible in the toxic fog of war, peace is always possible in the end, so 39 days since the start of the war between Israel and Hamas, I ask the House to remember that peace is never simple, and never won easily.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Much of the language is about a ceasefire. The Pope, the Archbishop of Canterbury, Save the Children, UNICEF, the World Health Organisation, the UN Secretary General and several EU Prime Ministers have all called for a proper ceasefire. Is it not time that Labour moved its position and actually used that word “ceasefire”—a proper one to let humanitarian aid in?

[Mr Lammy]

I will turn to those issues shortly. Everyone in this House wants the fighting to end. The central debate is about the steps to bring that about, and there is a discussion across this place among Members, all of whom want peace and all of whom want to see the loss of life come to an end. [Interruption.] I respect the hon. Member’s position, and I will come to that in a moment.

Peace is never won easily; peace is possible because of diplomacy, because of compromise and because of negotiation. It is our duty in this House to support all the necessary and practical steps to get us there.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 28th March 2023 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

T5. Rather than the Tory bluster on article 8 of the European convention on human rights, does the Secretary of State acknowledge the findings of the Joint Committee on Human Rights that the UK actually has tight restrictions on article 8 rights in deportation cases, often requiring the need to prove very compelling circumstances?

[Dominic Raab]

I am afraid that I do not, but I respect the Committee. There has been pretty rampant abuse of the Human Rights Act 1998 when it comes to deporting foreign national offenders. That is what our Bill of Rights will cure.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 14th September 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I am extremely sorry to hear of the experience hon. Friend’s constituent has undergone. I can confirm that this area is a priority in court recovery from covid. For example, domestic violence protection orders are being prioritised. In cases where there is a particular vulnerability, the judiciary, in deciding which cases to list, give that careful consideration. As I laid out in answer to the very first question, significant additional resources have gone into the justice system, which have resulted in higher levels of public family law disposals—they are significantly higher this year than last. We are using remote hearing technology and getting extra sitting days organised, for exactly the reasons he mentioned; hearing awful cases such as the one he described remains a significant priority.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

T8. I come back to female Afghan judges, where the key question is: what steps is the Department taking to allow them safe passage out of Afghanistan? What timeframe is it working to? When does it think will be too late, because the executions will have begun?

[Robert Buckland]

As I said to the House earlier, the Afghan relocations and assistance policy scheme covered the initial flights out. We have now extended and created a new scheme yesterday, which will cover and make a priority those particular judges. The hon. Gentleman knows that the issues in the country are complex and that colleagues across Government are working out ways in which we can facilitate safe passage, but I assure him that everybody who fits that category will get the warmest of welcomes in this country and that that work goes on daily. [Interruption.] I do not know how many times I can explain this: there is a clear plan and we are getting on with it.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 29th June 2021 Commons Chamber

[Robert Buckland]

I am glad that my hon. Friend declared his interest, as is appropriate. Many other Members of this House will be dog owners. I am a cat owner, so I declare that interest. Clearly, behind that, there is a very important point about the ways in which we can help to prevent the spread of this crime. As the Prime Minister said, this is often the underbelly of more organised and serious criminality, where profit is being made on the backs of the misery of not just the pets themselves, but their owners, who suffer great distress as a result of the theft.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

What steps he has taken to ensure the UK upholds its legal obligations under international treaties on human rights.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The United Kingdom has strong human rights protections within a comprehensive and well-established constitutional and legal system, and a long-standing tradition of ensuring that our rights and liberties are protected domestically and of fulfilling our international human rights obligations. We have put in place a combination of policies and legislation to give effect to the international human rights treaties that we have ratified. We have a strong record before the various UN treaty-monitoring bodies and fully participate in the relevant reporting processes.

[Alan Brown]

By contrast with what the Secretary of State just said, the Joint Committee on Human Rights recently published a report that concludes that his Department’s Police, Crime, Sentencing and Courts Bill will restrict peaceful protest

“in a way that we believe is inconsistent with our rights.”

The report also singles out the provisions on noisy protests as

“neither necessary nor proportionate”.

With findings like those, will the Secretary of State reconsider his assertion that the Bill is compliant with the European convention on human rights?

[Robert Buckland]

I am happy to repeat the declaration that I made on the face of the Bill: its provisions are indeed compatible with the convention. As a former member of the Joint Committee, I well appreciate its work, but with respect, I wholly disagree with the analysis that it has produced. The balance between freedom of expression and other fundamental rights and the need to maintain order and protect the rights of other citizens going about their lawful business is properly struck in the Bill, which I commend strongly to the House.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Robert Buckland]

My hon. Friend is right to raise the important issue of unpaid work, because it is a way for offenders to make reparation to wider society for the damage that is caused by crime. As part of our White Paper plans, we will introduce a new statutory duty for important stakeholders, such as police and crime commissioners, to be consulted on the type of unpaid work projects in their area. I believe that that means we will see projects being delivered that are far more at the heart of the communities in which they live.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

This Government intend to break an international treaty that they negotiated while blaming the other party when it is going to act in good faith. Tomorrow, the Government will bring forward a Bill that seeks to decriminalise torture. Instead of global Britain, is this not a further indication that this Government intend to act as a rogue state?

[Robert Buckland]

No.

Oral Answers to Questions

Alan Brown Excerpts

Tuesday 31st October 2017 Commons Chamber

[Mr Lidington]

I think the hon. Gentleman is referring to a document that was produced some years ago. It is important now that in addressing the underperformance of some areas of the probation service, we act on the recommendations from the independent probation inspectorate and seek, through the contractual mechanism, to drive up standards to where the public would expect them to be.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

4. What assessment his Department has made of the effect of the UK leaving the EU on the legal system of each legal jurisdiction.

[The Minister of State, Ministry of Justice (Dominic Raab)]

We recognise the distinct legal systems across the UK. We engage with our counterparts in the devolved Administrations to prepare the ground for Brexit, in terms both of achieving a smooth transition on things such as civil and judicial co-operation and of seizing the global opportunities for the UK legal sector, which contributed around £25 billion to the UK economy last year.

[Alan Brown]

That being the case, what actual steps has the Department taken to ensure that Scottish legal services and the Scottish legal system are protected when the UK leaves the EU?

[Dominic Raab]

There is a two-part answer to that. First, in relation to the negotiations with our EU partners, we are very focused on making sure that the current co-operation continues as well and as optimally as possible. Secondly, in relation to the legal position, the EU withdrawal position will make sure that there is legal certainty for citizens across the UK.

European Union (Withdrawal) Bill

Alan Brown Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Luke Graham]

To clarify, there is an amendment on the Order Paper, and I would suggest that some of those provisions should have been included in it.

As many hon. Members across the House have said, we would be open to some of the suggested amendments. The Government have committed to listening to the amendments and reacting to them as the parliamentary process progresses. There have not been many constructive measures from the Opposition, so, with other hon. Members, may I suggest that if they respect democracy, the Bill and the vote of the British people they should vote for the Bill? I say that as someone who voted remain, along with many of my constituents. However, as a democrat, I will support the Bill to make sure that we go through the process.

Clauses 7, 8 and 9 delegate considerable powers to Ministers. On Thursday, many Opposition Members said that the delegation of powers was unprecedented, but I draw their attention to section 32(4) of the Immigration Act 2016, which allows Ministers to

“make such provision amending, repealing or revoking any provision…as the Secretary of State considers appropriate in consequence of the regulations.”

Although provisions in the Bill are wider in scope, they are not entirely unprecedented; I wanted to draw that to the attention of the House. I understand even as a new Member that there is a lot of politics at play in our discussion of the Bill, but it is complicated enough. Our constituents do not want us to blur lines; they want us to clarify them. I would urge Ministers and other hon. Members to decouple myths from facts. There have been people in Henry VIII costume on the lawns outside the House trying to grab airtime, and “Westminster power grabs” creates headlines, but what our constituents really want is for us to honour the vote and get on with delivering the best possible Brexit.

May I suggest to Ministers an example of where that would be particularly helpful? The Human Rights Act 1998 appears to be protected under clause 7(6). Some Opposition Members are thinking about opposing the Bill because it does not transpose the EU charter of fundamental rights, but I am assured that all rights contained in the charter are in the Human Rights Act or other pieces of legislation. To help clarify that point, I urge Ministers to list the protections in current British law, so that we can compare and contrast them with those in the charter of fundamental rights and give assurances to Opposition Members that those rights are protected. We can then take those assurances back to our constituents, who care a lot about this.

The Bill represents the democratic vote of the United Kingdom. As I have said, I support it, but I hope that the Government act on their commitment to listen to learned colleagues in all parts of the House to ensure that substantive measures in the Bill receive the appropriate level of parliamentary scrutiny as the Bill proceeds through the House. If the Government establish a clear framework of strong parliamentary oversight, I hope that we can engage with the detail of the Bill, and finally introduce the substantive Bills that hon. Members and our constituents care about, including Bills on immigration and trade.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will the hon. Gentleman clarify why his colleagues think it reasonable for the Government to argue that there should not be a border in Northern Ireland—Northern Irish citizens will continue to be able to claim Irish citizenship, which will allow them to become EU citizens—with special arrangements there, but not one of them is arguing for special arrangements for Scotland?

[Luke Graham]

That is not in the Bill. There is protection for the Belfast agreement under clause 7(6). We can go through that, but Scotland is a completely different situation, as the hon. Gentleman well knows. [Interruption.] Again, if we can complete Second Reading tonight, the Bill will go through subsequent stages, and we can get to substantive debates on immigration, trade, customs, agriculture and the issues that remain and leave voters in my constituency want us to tackle.

Sexual Offences (Pardons Etc) Bill

Alan Brown Excerpts

2nd reading: House of Commons
Friday 21st October 2016 Commons Chamber

[Stewart Malcolm McDonald]

I should say that God is always surprised to see me when I attend prayers in this House.

Although we laugh, that is what people were going through, and much, much worse has been adumbrated to the House by other Members. Things have moved on remarkably, but even through the 1980s, friends of mine talk about going to pride parades in London where the streets would be lined with police looking as though they were expecting some kind of violent protest. In a magnificent act of defiance, a friend of mine tied a pink balloon to the strap of his bag, so that it would bounce off the noses of the police officers as he marched down the street.

Look at us now—out and proud. There is not a Member here—certainly not on the SNP Benches—who is not desperate to be associated with the progress in gay rights. It is now very popular to be in favour of equality, but it did not used to be. What this Bill seeks to do is right the wrong. I should just say that the Government and the House are not doing us a favour by doing this: equal marriage was not a favour and equality of adoption rights was not a favour. It is about correcting our mistakes of the past.

Imagine you are a young person thinking of coming out, Mr Deputy Speaker. It is 6 o’clock and you turn on your computer or iPad and across your Twitter timeline comes the story of how today’s vote goes. Imagine if the House declined the opportunity to pass this Bill; how would that make you feel? What kind of signal does it send to young people across this country and around the world if we decline to pass this Bill today?

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will my hon. Friend give way?

[Stewart Malcolm McDonald]

Certainly; one young man to another.

[Alan Brown]

A gay man to a straight man. Does my hon. Friend agree that the message coming from some in other parties is that living homosexuals could still be at risk of being classified as a paedophile? That is the message if we reject this Bill.

[Stewart Malcolm McDonald]

My hon. Friend makes a good point. I should also clarify that I am the gay man here; I would never have that clash of a yellow lanyard with a purple tie—and I have seen him in worse as well.

The 16,000 people the hon. Member for Reigate (Crispin Blunt) mentioned, and many others, are the giants on whose shoulders we stand. Today we have an opportunity to do the right thing. Symbolism is important in this; rather than have some anonymous technical amendment in that place along the corridor—which is even more camp than this place—a Bill is important. Where there are concerns, genuine or otherwise, the Committee is the place to strengthen the Bill, otherwise what is this place for—a question I find myself asking quite a lot, actually?

What I think we all want today is for young people to read about and watch this debate, and see this Bill pass. That would send a strong and positive message that it is indeed okay to be gay.