Afghan Citizens Resettlement Scheme

Andy McDonald Excerpts

Monday 25th October 2021 Commons Chamber

[Victoria Atkins]

On the matter of unaccompanied children in Doha, we have to ensure that the family members who have been put forward are who they claim to be, or who people have claimed them to be. We also have to ensure that they are able to take the child or children and look after them. This is taking a bit of time, and it is very much being done from a place of wanting to ensure the safety of those children once they are in the United Kingdom. As I say, we are very much working on this. In relation to the hon. Gentleman’s other comments, I do not feel that I can add anything to what I have already said.

[Andy McDonald (Middlesbrough) (Lab)]

My office in Middlesbrough has been inundated with cases of British nationals and their wider families who are trapped in Afghanistan, including children and also the new wife of a constituent. She has threatened to self-immolate if she is left to the devices of the Taliban. I urge Ministers to treat this with the utmost urgency, because time is something that these people do not have. They need to see progress urgently. If we are to do this, will the Minister please give consideration to visa waivers to accelerate the process, because time is absolutely of the essence in reaching every one of them?

[Victoria Atkins]

As I have said to other hon. Members, the fact is that we do not have British Army presence or consular presence in Afghanistan, and we are very much bound by those constraints now. I am very conscious of the impact on family members, and we have to try to find international solutions to this. We are working across the region with third countries to try to come up with solutions, but as I have said to the House repeatedly, there are no easy answers. I am very conscious of that in all our discussions.

Guardianship (Missing Persons) Bill

Andy McDonald Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 24th March 2017 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

I congratulate the hon. Member for Thirsk and Malton (Kevin Hollinrake) on the work that he has done to bring the Bill before the House. I would like to say a great deal about it, but I will not; I will be quick. The Labour party supports the Bill, which, happily, has resounding cross-party support. It deals with a gap in the law that needs to be addressed. I understand that the charity Missing Persons has been influential in the creation of the Bill and supports it in its current form.

As hon. Members know, as things stand in England and Wales, there is no mechanism for protecting the property and affairs of a missing person, and the Bill will change that. The hon. Member for Thirsk and Malton has said that some 2,500 people could benefit from such a law. Courts will be empowered to appoint a guardian to manage the property and affairs of missing persons and to act on their behalf. Unfortunately, the delay in filling this gap in the law has been too lengthy, and there has been consistent and long-standing cross-party support for the proposed legislation.

Happily, the Bill has wider support among campaigners and other interested parties. We should not frustrate such laws when there is political consensus about the positive case for acting. As I said at the outset, the Opposition support this Bill, and I am glad to have the opportunity, albeit brief, to speak in its favour.

The Shrewsbury 24

Andy McDonald Excerpts

Wednesday 9th December 2015 Westminster Hall

[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to be here and to serve under your chairmanship, Mr Howarth. I thank the hon. Member for Liverpool, Walton (Steve Rotheram) for securing the debate. His speech was informative, persuasive and, above all, powerful.

As the SNP spokesperson on trade union and workers’ rights, let me say it is a pleasure to speak in the debate. Before coming to this place, I was a Unison activist. Two years ago, in the hon. Gentleman’s city of Liverpool, Ricky Tomlinson addressed the UK Unison conference to raise awareness of the Shrewsbury 24 Campaign. It was my pleasure, as the then treasurer of Glasgow City Unison, to sign a cheque to the campaign, and I would encourage all members of the public watching the debate to consider making a contribution to it.

I want to assure the campaign that all right hon. and hon. Members of the SNP support it. It is important that justice be done. I should add that the campaign resonates with me because the arrests and charges came one month before I was born. Throughout my whole lifetime, therefore, the Shrewsbury 24 Campaign has been waiting for justice.

We know from the campaign that the National Federation of Building Trades Employers compiled a dossier. At the time, the Financial Times dismissed the dossier, saying:

“This document is itself flawed since it suggests the existence of a sinister plot without being able to substantiate the allegations. Many of the incidents that have been listed seem to be little more than the ordinary spontaneous angry behaviour that might be expected on a building site at any time (and especially during an industrial dispute)…the publication reads more like a politically motivated pamphlet than a serious study.”

That is a good way of putting it.

I want to praise the speeches we have heard so far. The hon. Member for Wansbeck (Ian Lavery) referred to the previous debate, on the Floor of the House, in January 2014, and to the hon. Member for Aldershot (Sir Gerald Howarth). When I read the report of the debate, I noticed that that hon. Gentleman bragged about his membership of the Freedom Association—what we would consider to be the Consulting Association’s wee cousin.

The right hon. Member for Delyn (Mr Hanson) made a number of excellent points. I was surprised to hear that promises made in correspondence to him since 2010 have not been kept. I think he is due an explanation.

[Andy McDonald (Middlesbrough) (Lab)]

Does the hon. Gentleman agree that, beyond this huge injustice, something else is at stake—the reputation of this Parliament? Deceit upon deceit has been practised here, and the reputation of the word of Minister after Minister is now in the gutter. There is a deep-seated smell of corruption, which goes right to the heart of the Government, and it needs to be expunged.

[Chris Stephens]

I thank the hon. Gentleman for that. He makes the valid point that members of the public outside watching this debate will be very confused that promises about the release of information keep getting made but are not kept. That is why many of them do not trust parliamentarians and Parliament. The hon. Gentleman’s point is well made.

In making his powerful address, the hon. Member for Liverpool, Walton got to the nub of the issue for those involved in the campaign. The eldest of these men is 90, and the youngest is 68. They should not have to wait five years for the release of these documents.

The SNP supports the decision taken in the House in January 2014. I want to emphasise the result of the vote: there were 120 votes in favour of releasing the documents, and three against. Many of us are concerned that national security is being used as a reason not to release the documents. Len McCluskey, the general secretary of Unite, has said:

“It is time to end this 40-year conspiracy of silence and release all the government documents relating to the Shrewsbury 24. There is something deeply wrong in this country when a 21st century government uses national security to withhold documents about ordinary working people who tried to improve their working conditions four decades ago. We believe the Tories are desperately trying to hide the stench of a great miscarriage of justice and we urge fair minded MPs to back our campaign to release all the government papers on the Shrewsbury 24.”

Alex Deane, a Conservative public affairs consultant, wrote on the ConservativeHome website in January 2014,

“whilst deeply unsympathetic to their cause, I find it simply impossible to conjure up what the national security concerned might be in hiding the decisions taken by officials and elected persons relating to the prosecution of builders in Shropshire 40 years ago. What technique of surveillance or undercover work might possibly justify non-disclosure after this passage of time? Any technique will be outdated or universally known about. Any individual involved in undercover work can have his or her name redacted from the papers which might otherwise be released. Consideration of the wider disclosures rightly made in recent times of papers relating to Northern Ireland, where on any view those concerned were more dangerous, makes a mockery of any such claim to national security concerns.”

We believe a great injustice has been done, and hope that the Minister will confirm today that he will release the papers relating to the Shrewsbury 24.

Assisted Dying (No. 2) Bill

Andy McDonald Excerpts

Friday 11th September 2015 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

I have the most profound concerns about the Bill, most of which have already been rehearsed by other hon. Members. In view of the shortness of time, I do not intend to repeat them. However, I also consider it to be a deeply flawed Bill. I will focus on three concerns that I believe are sufficient to persuade hon. Members not to support it.

First, although clause 1 provides that the person seeking the consent of the court must have

“a voluntary, clear, settled and informed wish to end his or her own life”,

the Bill is completely silent on what inquiries should be undertaken to establish how that wish has been arrived at. The right hon. Member for Knowsley (Mr Howarth) made the perfectly reasonable point that it is possible to come to a rational decision that one does not wish to be a burden on one’s family. Equally, it is possible to be coerced, cajoled and browbeaten into that position, and the Bill provides no safeguards in that respect.

[Andy McDonald (Middlesbrough) (Lab)]

rose—

[Mr Jones]

I will not give way, as we have very little time.

Secondly, the Bill provides that the person seeking the order should have a terminal illness and

“as a consequence of that terminal illness, is reasonably expected to die within six months.”

Medical experts have pointed out that it is very difficult to ascertain whether an individual will die within three months. One is reminded of the Scottish case of Abdelbaset al-Megrahi, who was convicted of the Lockerbie bombing and discharged from prison on compassionate grounds because he was not expected to survive a further three months, and that was on the evidence of highly respected oncologists. In fact, he survived a further two years and nine months. Irrespective of the merits of the release, that illustrates how difficult it is to assess how long a patient might live.

Thirdly, the Bill is totally silent about what inquiries should be made by the court on whether an order should be made. I intervened on the hon. Member for Wolverhampton South West (Rob Marris) on that point, and he replied that it was a matter for the court. I venture to suggest that when one is talking about whether or not a declaration permitting assisted dying is to be made, there should be strong guidance in the Bill on how the court is to make that decision. In other words, it looks very much like a rubber-stamping operation, which cannot be right.

Ethical questions are notoriously difficult, and most of us here in this House are not medical professionals. We therefore have to rely on medical ethicists and on medical practitioners and clinicians. We should all have regard to what the BMA and the royal colleges have to say. We should listen to hospices such as St David’s and St Kentigern, which serve my constituency. In this House, we should listen to people such as the hon. Member for Central Ayrshire (Dr Whitford) and my hon. Friend the Member for Totnes (Dr Wollaston), who clearly understand the issues. I urge all hon. Members to oppose the Bill.

Oral Answers to Questions

Andy McDonald Excerpts

Tuesday 16th December 2014 Commons Chamber

[Mr Speaker]

I trust that the experience was even more unpleasant for the hon. Member for Lichfield (Michael Fabricant) than it was for the car.

[Andy McDonald (Middlesbrough) (Lab)]

Fraudulent whiplash claims are criminal activity, plain and simple, and everybody in the House would condemn them. Will the Minister also condemn those insurance companies that created third-party capture, massively contributing to the number of these claims in the first instance? While he is at it, does he have any evidence to suggest that medical practitioners are failing their obligations under civil procedure rules—CPR—35?

[Mr Vara]

For too long, honest drivers have been bearing the cost and, with that, higher insurance premiums because of the whole issue of whiplash. Government reforms have been robust. We have set up a system whereby we hope to deter unnecessary or speculative claims and ensure that those who are genuinely injured can claim. We have clamped down hard on the insurance companies. We have been working with them, along with the medical profession and the lawyers, to try to make the system a lot better. Medical reports from now on will cost £180 and lawyers will carry out previous claims checks on potential claimants in order to combat fraudulent claims. That will, of course, impact on the insurance companies.

Social Action, Responsibility and Heroism Bill

Andy McDonald Excerpts

Monday 20th October 2014 Commons Chamber

[Mr Slaughter]

As I would expect, my hon. Friend asks a very good question. It comes from the media grid in the Ministry of Justice. There was a vacant slot in The Mail on Sunday and something had to be pushed forward for the weekend. I see the Minister was in charge of spin this weekend. He has obviously been promoted to Lord Chancellor. Not only can the Lord Chancellor not be bothered to come to the House any more, but he cannot even be bothered to do The Mail on Sunday. How extraordinary! However, I admired the Minister’s performance over the weekend, particularly dealing with questions about whether he had been the subject of abuse himself. I was glad he was surprised by the question. Someone as emollient as him would never be the subject of abuse by his constituents or anybody else’s.

My hon. Friend the Member for Huddersfield (Mr Sheerman) makes the crucial point. What is the purpose of the Bill, other than as a piece of spin? If we say, “The Bill promotes volunteering and encourages people to intervene where they can be of assistance”, who would not be against sin in that way? But of course that is not the whole purpose, and when we come to the second set of amendments, I will explain that there is an insidious part of the Bill, in clause 3.

Returning to amendment 1, will the Minister clarify—he has tried several times already in Committee—whether the Bill changes the law? This is a key point. After some consideration and umming and ahhing, he said that clause 3, unlike clauses 2 and 4, would change the law. He said:

“We consider that clause 3 represents a change in that it ensures that the court takes into account a defendant’s general approach towards protecting the safety and interests of others when carrying out an activity. It is the general issue that is relevant there.”––[Official Report, Social Action, Responsibility and Heroism Public Bill Committee, 9 September 2014; c. 75.]

I cannot see how that is any different from what is in clauses 2 and 4, which he concedes do not change the law.

[Andy McDonald (Middlesbrough) (Lab)]

It might help the House if I quote from the House of Common research paper:

“The Bill would not change the existing overarching legal framework, or leave victims without protection, and the courts would still be able to find that a person had been negligent or in breach of a statutory duty in relevant circumstances.”

Why are we here? What is this about? What is the point of the Bill?

[Mr Slaughter]

Indeed. In responding to this amendment in Committee, in flat contradiction to what I have just quoted, the Minister said:

“Nothing in the Bill suggests that it gives immunity from civil liability. It also does not change the standard of care that is generally applicable… The Bill simply requires the court to have regard to certain factors in deciding what steps should have been taken to meet that standard of care in a particular case.” —[Official Report, Social Action, Responsibility and Heroism Public Bill Committee, 9 September 2014; c. 63.]

As was pointed out ad nauseam to the Minister, the doctrine of negligence in common law has been developed not over years but over centuries. Furthermore, there is already guidance in legislation—the Compensation Act 2006 being the obvious example—insofar as it is needed, but generally the courts do not need guidance in considering all the relevant factors. As I said, however, when we come to clause 3, we will perhaps see what the Government’s ulterior motive is.

I do not wish to labour the point; I simply wish to have an answer from the Minister. Will the Bill—clause 3 or any other part—make any difference to how the law of negligence works in the courts? If so, will he indicate how and explain the motivation? If it does not, what is the purpose of the Bill? I await his response.

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[Mr Slaughter]

I will deal briefly at the end with the amendment relating to clause 4. It raises the issue posed by the hon. Member for Colchester (Sir Bob Russell) about St John Ambulance and its concerns about the Bill. Amendments 2 to 5 deal with what is effectively the Bill’s only operative clause, clause 3. Again, I make no apology for saying that these amendments were put in Committee.

Amendments 2 to 4 propose ways of improving the drafting of what everyone from the Law Society to legal practitioners and commentators has described as one of the worst-drafted pieces of legislation they have ever seen. Our concern is that clause 3 is drawn very widely. It states:

“The court must have regard to whether the person, in carrying out the activity in the course of which the alleged negligence or breach of statutory duty occurred, demonstrated a generally responsible approach towards protecting the safety or other interests of others.”

That is hedged around with many generalities. What is a “generally responsible approach”? What does the “safety or other interests” of others mean? Our amendment 4 attempts to clarify the clause by adding the words

“in relation to the circumstances leading up to the alleged negligence”.

The Minister was made aware of this point in Committee so I shall not explain it at length, but the purpose of our amendments is to ensure that if material other than that specifically relating to a particular incident is taken into consideration, it should have a direct causal link—through time, location or type—to the incident being complained of. Otherwise, we risk opening up many cans of worms. In relation to an accident at work, for example, the entire conduct of an employer or employee over a long period could be taken into account, as could working practices and conditions, as well as “other interests”, whatever they might be. I suspect that, in trying to keep the ministerial team happy, the parliamentary draftsmen have been scratching their heads and trying to come up with something. Our amendments are meant to be genuinely constructive in trying to improve the drafting of the Bill—if that is possible. But I shall say no more about that.

[Andy McDonald]

Amendment 2 proposes leaving out the word “generally”, in the context of the person who might have difficulty showing that they have demonstrated a “generally responsible approach” towards protecting the safety of others. My hon. Friend has rightly focused on the word “generally”. The hon. and learned Member for Harborough (Sir Edward Garnier) has said that he suspects the Bill will be the subject of derision and confusion if it is enacted as drafted, but is that not already the case?

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during the activity in which the alleged negligence occurred. That makes it perfectly clear that the Bill is concerned with the approach that the defendant adopted in the course of the events that led to the injury, and not with their actions in other unrelated circumstances, or their health and safety record over a number of years. During the activity in which the incident took place, if the person’s actions were risky or careless, and that caused injury, there is nothing in clause 3 to stop them being found negligent.

[Andy McDonald]

What parameters is the Minister setting for courts by including such a woolly, vague and indeterminate word as “generally”? What if someone says, “A week last Tuesday, I behaved really properly, but on this occasion, I behaved like a nutcase”? Which one is it? This is a ridiculous way to go about legislating.

[Mr Vara]

It is not for me or this place to dictate to the courts the decisions that they should come to. It is for us to make the law, and for the courts to take account of all the facts that may apply to that case and come to their decision. That is how the constitution of this country has operated for centuries, and will continue to, as far as we are concerned. The clause says that if a person carries out an activity in a way that demonstrates

“a generally responsible approach towards protecting the safety…of others”,

and, despite their best efforts, something goes wrong and somebody is injured, the court should take full account of the circumstances. That represents a change, in that case law does not currently oblige a court to consider whether a person took a generally responsible approach to safety during the activity in question. I believe that it is a desirable and beneficial change that is both fair and proportionate.

Amendment 3 seeks to limit the effect of the clause to people who have been taking a generally responsible approach to the safety of “employees or bystanders”. The hon. Member for Hammersmith indicated that that was intended to prevent the provision from being interpreted as extending to entirely non-safety-related matters, such as protecting shareholders’ profits.

Oral Answers to Questions

Andy McDonald Excerpts

Tuesday 9th September 2014 Commons Chamber

[Andrew Selous]

We have 10,834 foreign national offenders in our prisons. We have signed prisoner transfer agreements with the European Union, Albania and Nigeria and, as I said in an earlier answer, we removed 5,097 foreign national offenders last year. I can assure my hon. Friend that this is a priority for me, as it is for him.

[Andy McDonald (Middlesbrough) (Lab)]

The number of prison suicides has risen by 50% since the coalition came to power. The Secretary of State sits on his hands and simply says that the numbers go up and down; he has no explanation for that. However, his own chief inspector of prisons says that this is down to overcrowding. Is he wrong?

[Chris Grayling]

We have looked carefully at this matter, as have the ombudsman and a number of others. There is no common pattern to the suicides.

Oral Answers to Questions

Andy McDonald Excerpts

Tuesday 1st July 2014 Commons Chamber

[Jeremy Wright]

I do understand that, and of course it is important that we stand behind the principle of open prisons assisting in the rehabilitation of prisoners and making it less risky for the public when they are finally released, but my hon. Friend is right that only the right people should be in open prisons. We are tightening up the rules on how people move through the system into open prisons. We are sending the clearest possible message that prisoners who abscond from their sentence and abuse the trust they were given in an open prison will not get a second chance.

[Andy McDonald (Middlesbrough) (Lab)]

10. If he will take steps to ensure that mesothelioma victims do not have to pay legal costs from their damages. When the Government’s no win, no fee reforms apply to mesothelioma claims, it will be up to claimants’ lawyers whether they wish to charge their clients a success fee. There is no requirement for them to do so.

[Andy McDonald]

Given the revelation of the secret agreement between the Government and the Association of British Insurers to stitch up victims of mesothelioma, and the pathetic attempt to cover the tracks, will the Minister confirm his opposition to any non-transparent agreements or arrangements between the Government and commercial third parties that potentially negatively impact on mesothelioma sufferers’ compensation?

Oral Answers to Questions

Andy McDonald Excerpts

Tuesday 6th May 2014 Commons Chamber

[Chris Grayling]

My hon. Friend is right to say that we have to be very careful. Of course the gross fees that are cited include VAT and chambers’ fees, but those barristers also derive benefits from being self-employed that counteract some of the reductions they experience, because they can offset many other parts of their expenditure and overheads against tax in a way that employed people would not be able to do.

[Andy McDonald (Middlesbrough) (Lab)]

How many more serious fraud trials in the pipeline are struggling to secure legal representation for the defence, in a way similar to the case that collapsed last week, where the judge was forced, in effect, to abandon the trial because of Government legal aid changes?

[Chris Grayling]

As I said, given that this case is subject to appeal, I do not think it would be appropriate for me to comment further on it.

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[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

I am grateful to my hon. Friend for his suggestion. He will know that we now have a more all-embracing victims code than ever before. Also, with reference to getting the views of victims, tomorrow sees the first meeting of the victims panel so that the Secretary of State and I can hear face to face the experience of those who are victims and what they want to happen to future victims in the system.

[Andy McDonald (Middlesbrough) (Lab)]

T6. How many books, to the nearest thousand, sent to prisoners in 2013 were intercepted and found to include contraband?

[Jeremy Wright]

The hon. Gentleman will not be shocked to learn that I do not have that figure in front of me. As I said to his hon. Friend the Member for Middlesbrough South and East Cleveland (Tom Blenkinsop), the Opposition need to think carefully about what they are really worried about. If they are worried about prisoners having access to books, I have reassured them that they do not need to worry about that. If, however, they are worried, as the shadow Secretary of State told us he was, about the influx of drugs and other contraband substances into prisons, they might want to reflect on the sense of restricting packages as they come into prisons. That is what we are proposing to do. What are they going to do?

Oral Answers to Questions

Andy McDonald Excerpts

Tuesday 18th March 2014 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

3. What his future plans for legal aid are.

[Andy McDonald (Middlesbrough) (Lab)]

11. What his future plans for legal aid are.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

We are implementing the reforms of litigation procurement and Crown court advocacy fees that we announced last month. Although making fee reductions is unavoidable, we have listened to the professions wherever we can and taken concrete steps to ease the impact of the changes. Moreover, the Justice Secretary has given a personal commitment that this Government will not seek further savings from criminal legal aid.

The Ministry of Justice and the Legal Aid Agency keep the operation of both the criminal and civil legal aid schemes under continual review. The Government plan to undertake a post-implementation review of the legal aid provisions within the Legal Aid, Sentencing and Punishment of Offenders Act 2012 within three to five years of implementation. That review will include an assessment of the impact of the reforms implemented during that period.

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[Mr Vara]

We have made it absolutely clear that for the residence test it is important that they are our people—that they have some link to this country. We have set out where there are exceptions, and that has been made abundantly clear.

[Andy McDonald]

Is the Secretary of State worried by the increasing number of defendants in serious cases who cannot access legal advice following the 30% cut in advocates’ fees?

[Mr Vara]

It is important to put things into perspective. The 30% reduction applies to only a tiny number of criminal cases—they are called “very high cost cases” and constitute less than 1% of Crown court cases. The reductions we are making will ensure that the barristers who do that sort of work are still receiving good fee income.