Home Affairs and Justice

Andy Slaughter Excerpts

Thursday 28th May 2015 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

We are a little ahead of time, but I will break the habit of a lifetime and not abuse my position by taking too much of the remaining time. I welcome the Lord Chancellor to his new job. He has already been warmly welcomed by the legal establishment, and that has no doubt put him on his guard. He follows another non-lawyer in the job, and I can only pray for a better meeting of legal and non-legal minds than was the case with his predecessor. Given the almost instant rapport he had with the education profession, I am sure that will be the case. He has certainly made an excellent start by not putting any justice Bills before the House. Given the sorry history of the last Parliament, from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to the Social Action, Responsibility and Heroism Act 2015, no news is good news.

This debate has set a high bar for the quality of contributions from Members on both sides of the House, old and new, for the Queen’s Speech and this Parliament. I shall briefly mention those who have spoken, and I hope that some of the old hands will excuse me if I skate over their contributions, given that we had 34 contributions from Back Benchers. We started—it seems some time ago now—with the right hon. Member for North Somerset (Dr Fox) who, as we would expect, gave a tour d’horizon on matters of security and international affairs.

The right hon. Gentleman was followed swiftly by the first of the maiden speeches, from the hon. and learned Member for Edinburgh South West (Joanna Cherry), who generously said that her predecessor, Alistair Darling, was a difficult and hard act to follow. But with her robust defence of the Human Rights Act and the principles of the rule of law, she has already proved she might be a worthy successor. I was with her in almost everything she said, except perhaps when she said we were in danger of withdrawing from the ECHR after only 60 years but saw no problem with withdrawing from the Union after 300 years.

We then heard a thoughtful contribution from the right hon. Member for Ashford (Damian Green), particularly on extremism and investigatory powers, as we would expect given his background. He reiterated his welcome support for the European convention.

I always learn something from the speeches of my right hon. Friend the Member for Leicester East (Keith Vaz), who has been an excellent Chair of the Home Affairs Select Committee for many years. He is almost an institution and I hope to see him continue for many years to come—without giving away my voting intentions in any way.

The next maiden speech was from my hon. Friend the Member for Torfaen (Nick Thomas-Symonds). When I made my maiden speech, not only had I written it out in full—I have given that up now—but my hands were shaking as I gave it. For him to give a speech without notes, fluently and eloquently, set a great example. He also paid a generous tribute to someone I think we all greatly respect—his predecessor, Paul Murphy.

I disagree with the hon. Member for Bedford (Richard Fuller) on many issues, but he made the point, as he has done many times, about the dangers of extended detention for immigration and has earned our respect for championing that cause.

I think we are all disappointed—perhaps some on the Government Benches not so much—that my right hon. Friend the Member for Barking (Margaret Hodge) is not continuing as the Chair of the Public Accounts Committee. She showed, however, that not continuing in that post will allow her to talk about many other subjects. From her own constituency and wider experience, she gave an extremely mature view of what was wrong with the Government’s immigration policy.

My hon. Friend the Member for Stoke-on-Trent South (Robert Flello) gave a very good deconstruction of what was wrong with the Gracious Speech as drafted by the Government. Obviously his time as a shadow Justice Minister stood him in good stead.

Even though I did not agree with much of the contribution from the hon. Member for Poole (Mr Syms), it was delivered in such a enthusiastic and reassuring manner that I found myself almost agreeing with it by default—but there it is.

I agreed with what my hon. Friend the Member for Stretford and Urmston (Kate Green) said in her excellent and thoughtful speech on the dangers of nationalism, which is a subject to which I suspect we will return on many occasions.

The maiden speech from the hon. Member for Ross, Skye and Lochaber (Ian Blackford) included a comment one often hears: “My constituency is the most beautiful in the country”. We are all guilty of that—I often wax lyrical about the beauty of Shepherd’s Bush Green—but those of us who have visited his part of the country will think he might actually have a point. It is an extraordinarily beautiful place. He might wonder why, therefore, that, as he told us, he is the first Member to live there since 1833. Others have not taken advantage of the opportunity.

There swiftly followed the contribution from my hon. Friend the Member for Holborn and St Pancras (Keir Starmer), whom I think we are going to hear a great deal more from on the subject about which he spoke with forensic skill, as one would expect. In a short period, he gave a rebuttal of the Government’s plans to repeal the Human Rights Act, exploring some of the myths and dangers of their approach.

We heard another excellent, and good-humoured, maiden speech from the hon. Member for South Thanet (Craig Mackinlay). He explained why he felt less in the public eye in the Chamber than he did on the doorsteps of South Thanet, given the media frenzy that accompanied his election process. Let us hope he has a quieter time now.

I hope that my hon. Friend the Member for Blaenau Gwent (Nick Smith) will excuse me if I say that his speech, despite his being an old hand, sounded a bit like a maiden speech—so great is his love affair with his constituency and given the way he described it and its heritage.

My new hon. Friend the Member for Birmingham, Yardley (Jess Phillips) gave, as I think all Members would agree, not just a good maiden speech, but a good speech that showed a real depth of knowledge and empathy on a subject that we all take very seriously—the issue of sexual exploitation and domestic violence.

I have mentioned speaking without notes, and this applies equally to the hon. Member for Edinburgh East (Tommy Sheppard). Given what he told us about his constituency, there is a danger that he might become known as “the MP for the fringe”. Because I know him from previous incarnations, I realise that when he spoke so passionately about the deprivation in his constituency, it was very sincere. We shall hear a lot more from him along similar lines.

I cannot avoid mentioning the hon. Member for Shipley (Philip Davies), who now sees himself as the lodestar of the Conservative party. We will know when the Conservative party is going wrong when it is not voting with him in the Lobbies.

The last maiden speech we heard today—by no means the least—was from my hon. Friend the Member for Bootle (Peter Dowd), who paid a generous tribute to his distinguished predecessors, including, of course, Joe Benton. My hon. Friend talked about the distinguished Labour history of the constituency and of his extremely large majority.

We will have more time to assess these affairs on other occasions, but let me do so briefly. Home affairs and justice often get the lion’s share of legislation in the Queen’s Speech under any Government—and there is no change here, at least for home affairs, with five Bills to the Home Secretary’s name. I shall not comment on them in detail or go beyond the excellent analysis of the shadow Home Secretary, save to say that some of the proposed measures seem unhelpfully vague at this point. Both investigatory powers and extremism are important subjects that require sensitivity and balance between the rights of the citizen and the duties of the state. Until we see the detail in the presentation of those Bills, I will remain anxious about whether this Government will get that balance right.

By contrast, the policing and criminal justice Bill already contains a number of welcome specific provisions, not least the treatment of 17-year-olds as children for all the purposes of the Police and Criminal Evidence Act 1984, and the better regulation of detention under the Mental Health Act 1983. I note the catch-all phrase that the Bill will

“allow us to deliver a range of criminal justice reforms that will aim to better protect the public, build confidence and improve efficiency.”

I fear that we are about to see yet another Christmas tree Bill on which a mishmash of unconnected new offences and pet projects are hung. One thing we would like to see in the Bill, however, are the provisions for the victims code. I do not know whether the Lord Chancellor will be able to confirm that it will be included in the Bill. Both my hon. Friends the Members for Barnsley Central (Dan Jarvis) and for Holborn and St Pancras have made the case for that. I would welcome a change of heart from the Government on building the victims code into legislation.

Given the coalition Government’s lamentable record on justice policy, I said that no news may be good news, but some things would have provided welcome additions to the Gracious Speech. There is nothing to deal with the crisis in our prisons; nothing to deal with the crisis in our courts; nothing to improve access to justice; nothing to improve advice services or to mitigate the attacks on civil and criminal legal aid overseen by the previous Lord Chancellor.

Let me spend my final few minutes addressing the proposed repeal of the Human Rights Act—a proposal that was perhaps the most touted of all the Queen’s Speech measures in the run-up to its delivery yesterday, yet the Government have had the least to say about it in comparison with any other measures. Others have had plenty to say on the subject. I include, of course, jurists and practitioners such as my hon. Friend the Member for Holborn and St Pancras, but I am thinking rather more of the right hon. and learned Member for Beaconsfield (Mr Grieve), the right hon. Members for Haltemprice and Howden (Mr Davis) and for Sutton Coldfield (Mr Mitchell) and the right hon. and learned Member for Rushcliffe (Mr Clarke).

When the right hon. and learned Member for Beaconsfield describes the previous proposals as “puerile” and says

“This UK bill of rights is a recipe for disaster”,

when the right hon. Member for Sutton Coldfield says

“I have to say that I never thought a British government, let alone a Conservative one, would ever have thought of withdrawing from the convention for which, of course, we were responsible”,

or when an admittedly unnamed senior Tory says

“These plans will only pass if the PM wins the support of David Davis and Clarke”—

which I think he is some distance from doing—the Lord Chancellor may be in a little trouble. Not only is the weight of argument on his own Benches, as well as on ours, against him, but he does not appear to have the numbers, not only in the other place but in this House, to get such a proposal through, and he would be right to be nervous about his chances of doing so.

The Government have already got themselves into a bind from which even someone as clever as the Lord Chancellor may struggle to free them. There are constitutional difficulties in relation to the devolved Governments, and the negotiations about the EU referendum are in danger of contamination. If the Lord Chancellor has not already done so, I advise him to read the excellent article by the right hon. and learned Member for Beaconsfield in today’s Times.

Beyond that, there is confusion about the Government’s real intention The hon. Member for Shipley and others have said today that this is not just about scrapping the Human Rights Act, but about withdrawal from the convention. Some Members would welcome that, but if, as the Government say, that is not their intention and they simply wish to withdraw from the Act, they will not achieve their purpose. They seem to “elide over” the fact that we still have parliamentary sovereignty in this country, and the fact that decisions of the European Court are not binding on domestic courts. According to the right hon. and learned Member for Beaconsfield, they are

“in danger…of snatching defeat from the jaws of victory.”—[Official Report, 27 May 2015; Vol. 596, c. 97.]

Given that the anomalies and difficulties involving the European Court, whose existence we admitted at the time—the backlog, the insecurity of some of its judgments and, indeed, the fact that the UK courts were perhaps following them too closely—are all in the process of being resolved, one might ask what problem the Government are now seeking to solve.

No doubt the Lord Chancellor will say that this is an important constitutional measure, and that we should pause and consult. We cannot disagree with that theory, save for the fact that the Government—or the Conservative party—have had five years in which to consider the matter. There has been a commission, there have been six or seven drafts of the Bill, and we heard a clear statement last October from the previous Lord Chancellor about what he believed was required, and we heard another clear statement from the Prime Minister that he wanted to see action in the first 100 days. I do not know what has changed, other than the fact that the Lord Chancellor is having trouble delivering the legislation. We shall, however, have an opportunity to examine the matter in more detail. We welcome the fact that there is to be a pause, and that legislation will not be presented during the current Session—not least because there must be less chance of its getting through during later Sessions.

Finally, let me make clear that if there is any attempt to undermine our human rights, and to undermine what my party and I regard as one of the finest pieces of legislation introduced by the Labour Government, we will resist it. We will join supporters from any other parties, on the Opposition or the Government Benches, to ensure that it is resisted. Our human rights are too precious and too important, and have been fought for too long, to be thrown away at the whim of a Lord Chancellor or a political party.