Israel and Gaza

Debate between Andrew Mitchell and Ruth Cadbury

Tuesday 27th February 2024 Commons Chamber

[Mr Mitchell]

An unprecedented set of calamities has taken place. I reiterate that Israel has the absolute right of self-defence but must remain within international humanitarian law. It is important to hang on to those principles as we navigate this catastrophe.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Like Members across the House, I have had hundreds of emails from concerned constituents who are horrified by what they are seeing in Gaza—in particular, by scenes in hospitals where children have been operated on without anaesthetic. Will the Minister outline what specific steps the UK Government are taking to ensure that people from Gaza can get the medical treatment they so badly need?

[Mr Mitchell]

We are acting at every level to achieve the results that the hon. Lady and I both want. That is seen in: the work we are doing internationally in the region to try to facilitate the entry of medicines; our work with the Jordanian Government to make air drops, which include medical equipment; and our support for medical charities, some of which are based in Gaza. In every way, we are trying to alleviate the suffering to which she so eloquently referred.

Israel and Gaza

Debate between Andrew Mitchell and Ruth Cadbury

Tuesday 19th December 2023 Commons Chamber

[Mr Mitchell]

The right hon. Gentleman will know that Britain is a signatory to the International Criminal Court because we think that it is a vital piece of the international architecture, but it is for all countries to make their own decisions in that respect. He will know that a number of countries, including America, have so far declined to join.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Shot and killed for going to the toilet—the hon. Member for Oxford West and Abingdon (Layla Moran) has described just one example of what Palestinians in Gaza are going through. Our heart goes out to her and her family, but also to all the civilians in Gaza who are affected by such appalling treatment at the moment. Many Israeli leaders have openly pushed for the expulsion of Palestinians from the Gaza strip and called for the second Nakba in Gaza. Will the Minister reassure the House that the British Government oppose any such attempt to forcibly expel and displace Palestinians from Gaza?

[Mr Mitchell]

Yes.

Occupied Palestinian Territories: Humanitarian Situation

Debate between Andrew Mitchell and Ruth Cadbury

Wednesday 8th November 2023 Commons Chamber

[Mr Mitchell]

I am grateful to my hon. Friend for once again reiterating the strong support across the House for the brave humanitarian workers and what they are doing in this terrible conflict, and for expressing his abhorrence that unarmed people who are trying only to benefit their fellow humans should be murdered in this way. He can rest assured that we will do everything that we can to ensure that they are protected.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Hounslow’s Muslim leaders told me and my hon. Friend the Member for Feltham and Heston (Seema Malhotra) yesterday evening of the horror felt in their communities at the atrocities taking place in Gaza, the need to get aid and support in, and their wish for long-term peace. Now that Israel is threatening to occupy Gaza permanently, will the UK Government support the US Secretary of State Blinken’s insistence that there should be no Israeli occupation of Gaza after this war?

[Mr Mitchell]

I am grateful to the hon. Lady for telling the House about her meetings with the Muslim leaders in her constituency. I hope that she will tell them about the position of the House, the aid and support that we are trying to get in through the pauses, and the support for the political process that she mentioned. The British Government agree with what Secretary Blinken said, but are absolutely clear that the perpetrators of the dreadful events on 7 October—Hamas—must never be allowed to do it again.

Oral Answers to Questions

Debate between Andrew Mitchell and Ruth Cadbury

Tuesday 18th July 2023 Commons Chamber

[Mr Mitchell]

The hon. Gentleman will have heard my response to the hon. Member for Brighton, Pavilion (Caroline Lucas). I can tell him that we are committed to tripling our adaptation finance from £500 million in 2019 to £1.5 billion by 2025. I hope he will wait, with admitted patience, until September when we will be able to set all these figures out.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

6. What steps he is taking to support the rights of women and girls in Afghanistan.

[The Minister of State, Foreign, Commonwealth and Development Office (Mr Andrew Mitchell)]

We condemn the Taliban’s decision to restrict the rights of women and girls. We are working with international partners to urge the Taliban to reverse its decisions to ban women from working for the United Nations and non-governmental organisations, and to deny girls access to education.

[Ruth Cadbury]

I thank the Minister for his answer. As he said, in Afghanistan, households led by women are effectively banned from leaving the home and are, therefore, wholly dependent on female Afghan aid workers. With the Taliban now effectively banning female aid workers from delivering humanitarian aid, even a one or two week delay in reaching families means that mothers are turning to appallingly unacceptable negative coping mechanisms such as child marriage. What is the impact assessment of the Taliban’s policy on the distribution of essential aid and what are the Government doing about it?

[Mr Mitchell]

The impact assessment is truly horrific. The effect of the Taliban’s decision is absolutely appalling and we are working with other countries to press the Taliban to reverse its decision on education, especially that on 23 March and the ban on girls going to secondary schools. On the specific point the hon. Lady makes, we are doing everything, along with our likeminded allies and others with greater influence on the Taliban, to try to rectify that.

Oral Answers to Questions

Debate between Andrew Mitchell and Ruth Cadbury

Tuesday 2nd May 2023 Commons Chamber

[Mr Mitchell]

My hon. Friend is absolutely right. Our top priority is to secure a permanent ceasefire. In respect of looking after British citizens who may still be there, we keep every option open and are 100% on that case.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

T8. Many of my constituents from the Armenian diaspora remain deeply concerned about the ongoing blockade of the Lachin corridor and its humanitarian impact. Could the Minister let me know what the Government have done and will be doing to raise that issue with the Azerbaijan Government?

Israel and Occupied Palestinian Territories

Debate between Andrew Mitchell and Ruth Cadbury

Thursday 20th April 2023 Commons Chamber

[Mr Mitchell]

In response to the hon. Member’s general point, the British Government welcome the decision by the Israeli Prime Minister to pause the legislation to reform Israel’s judiciary; that is relevant to the main point she made. In respect of her interpretation of international law, Britain will always urge all Governments to abide by their commitments under international treaties and under international humanitarian law.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

On top of the ongoing day-to-day restrictions on life for Palestinians in the occupied territories, in February there was unprecedented settler violence towards local Palestinians in Huwara, during which Israel’s Finance Minister, Bezalel Smotrich, called for the town to be “wiped out”. Has the Minister raised concerns with his counterparts about settler violence and the culture of impunity in relation to attacks by Israeli settlers against Palestinians?

[Mr Mitchell]

The hon. Lady is quite right to condemn settler violence, and Britain condemns it in the strongest possible terms. Although I have not had those discussions, I can assure her that Foreign Office officials in country and in London do have those discussions, and they emphasise the point that I have made.

Joint Enterprise

Debate between Andrew Mitchell and Ruth Cadbury

Thursday 25th January 2018 Commons Chamber

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy), my hon. Friend the Member for Manchester Central (Lucy Powell), the right hon. Member for Sutton Coldfield (Mr Mitchell) and the hon. Member for Bromley and Chislehurst (Robert Neill) on securing this debate, and I thank the Backbench Business Committee for allocating it time today.

I represent some of the family of Alex Henry, whose case was explained in some detail by my hon. Friend the Member for Ealing North (Stephen Pound). Alex Henry was involved in a fatal street fight in Ealing in 2013, and has spent four years in prison, serving 19 years under joint enterprise. His mother, Sally Halsall, is my constituent, and last October I met her and Alex’s sister, Charlotte, along with my hon. Friend the Member for Ealing North and the right hon. Member for Sutton Coldfield. I really came to understand the importance and significance of joint enterprise, and the need to review the law.

In August 2013 Alex Henry went shopping with three friends. A confrontation took place that lasted just over 40 seconds. It is not clear why the confrontation took place, but it may have been triggered by a stare. One young man used a knife from within a bag, and he stabbed two brothers, one of whom tragically lost his life. On the sixth day of the trial, the man with the knife pleaded guilty to murder and grievous bodily harm with intent, and was sentenced to 22 years. Alex Henry received a sentence of 19 years—only four years less—despite never touching the knife or even being aware of its existence.

Since Alex’s conviction in March 2014, his family have campaigned tirelessly with JENGbA to reform the law of joint enterprise. The injustice, as the family saw it, was that traditionally, for someone to be found guilty of murder the Crown needed to prove that the defendant inflicted fatal harm while intending to kill, or at least to commit very serious harm. Conversely, under joint enterprise the Crown needs only to prove that the defendant foresaw the possibility that the crime “might” happen, rather than that they intended it and knew that it “would” happen. This means that it is easier to prove the guilt of the accessory than the principal offender. Therefore, in Alex’s case the Crown needed to prove that Alex foresaw the possibility that the stabbing “might” happen, rather than that he intended and knew that it “would” happen.

There was no evidence that Alex knew about the possession of the knife and therefore that someone might be stabbed. However, the Crown persuaded the jury by arguing that “friends tell each other everything”, and therefore that Alex must have known the other man was in possession of a knife that day, and foreseen the possibility of its use if any altercations were to arise during the shopping trip. “Friends tell each other everything and therefore the crime could have been foreseen”—what a shocking indictment of the way the law works if that can lock up a young man for so long.

As we have heard, in February 2016 the joint enterprise law was successfully reformed. Now, rather than foresight, the Crown needs only to prove that the defendant intentionally encouraged or assisted the principal offender while knowing that the crime “would” take place. The law of joint enterprise has convicted thousands of men, women and children, 800 of whom are supported by JENGbA. However, the courts have ruled that the change in the law will have no automatic retrospective effect for out-of-time appeals, which include every case resulting in conviction 28 days or more before the change in the law. Instead, those out-of-time appeals will be allowed only if a defendant can prove a substantial injustice, which means proving that the change in law would, without doubt, have made a difference.

However, that is an impossible test, as was found in the case of Regina v. Anwar in 2016. The evidential bar has not been raised by Jogee; in particular, presence at the scene of the offence can amount to encouragement of the crime. Moreover, proof of the defendant’s intent to encourage, coupled with his knowledge that the crime would happen, can be inferred from the friendship of the co-defendants, just as foresight was inferred before Jogee.

If nothing more need be shown evidentially since the change in the law, how can a defendant prove that the change in the law would have made a difference? In comparison, those who have suffered a misapplication of the law changed in Jogee need to show only within 28 days of conviction that the conviction is unsafe, in that the misdirection might have made a difference. So far, no out-of-time case has succeeded on appeal—including Alex’s appeal, which was rejected.

In his excellent report on black and minority ethnic people in the justice system, my right hon. Friend the Member for Tottenham, who is no longer in his place, rightly shone a light on unacceptable inequality, particularly for young people from those communities. But two other factors are particularly relevant to joint enterprise. First, there is maturity. Many convicted under joint enterprise are not in full maturity; the justice system is beginning, slowly, to understand that young men under 25 are not mature and need to be considered slightly differently—their maturity must be a factor in their cases.

The other factor is the autism spectrum. Alex Henry’s diagnosis of autism was important in his case. Despite Alex’s having had many problems from an early age, no one had suggested to him or his family that he might be on the autistic spectrum until a viewer of the documentary made about the case wrote to the family. Alex’s family then arranged for Alex to be assessed by Professor Simon Baron-Cohen, the leading academic on autism and Asperger’s syndrome in this country.

The professor’s report states that it is incredibly unlikely that Alex could have foreseen what would or might happen in those 40 seconds since, due to his autism, he cannot predict the actions, behaviours or intentions of others. The Court of Appeal rejected that ground because Alex’s mother has a PhD in psychology and so she could have coached Alex in “how to act autistic”. That is shocking. The court also said that it could not understand why Alex was diagnosed so late in life, aged 23, despite seven previous mental health assessments, which did not result in a diagnosis.

[Mr Mitchell]

I want to strongly support what the hon. Lady is saying about the judgment of the court in that case in respect of autism. I have read the case and, as a layman, I find the response of the court completely inexplicable.

[Ruth Cadbury]

I thank the right hon. Gentleman so much. Anybody who has had any contact with people who have been diagnosed with autism at a later stage knows that the condition is often not diagnosed early. Many people go though many difficulties in their lives before being diagnosed, if at all. Alex was one of those in that unlucky situation. Because autism is an invisible disorder, many assessments found traits of autism as highlighted in Professor Baron-Cohen’s report. That could be a factor in appeals.

The refusal of Alex’s appeal has left the family devastated, as the House can imagine, but they are determined to see him proved innocent. In their view—and mine, from what I know of the case—he is not a murderer. How many people in prison for joint enterprise have undiagnosed autism? We need to look at that.

Since Alex’s appeal was rejected last year, his sister Charlotte has applied to challenge the “substantial injustice” at the Supreme Court. The family are also taking Alex’s case to the European Court of Human Rights. They believe that joint enterprise breached article 7 of the European convention on human rights and the principle of legality that holds that there shall be no punishment without law. Since those convicted under joint enterprise were not actually convicted under a true law, their presumption of innocence under article 6(2) remains, and it is breached by the need to prove that the change in the law would have made a difference.

In October 2016, the Select Committee on Justice, on which I have the pleasure and honour of serving, wrote to the chair of the Law Commission to suggest that it review the law of joint enterprise, given the lack of legal clarity in the wake of the Jogee judgement—particularly on how juries should be directed on the question of intention. Unfortunately, the final version of the 13th programme of reform omits any work on joint enterprise. I know, however, that the Justice Committee’s Chair will continue to push those points.