(1 year, 2 months ago)
General CommitteesThe Scottish National party supports today’s statutory instrument to extend the eligibility of CILEX lawyers and applauds its aim of creating a more diverse judiciary. The statutory instrument will affect Scotland only in so far as the position of upper tribunal judges, but the impact on the wider judiciary is also welcome. The legislation will allow 4,500 experienced lawyers to apply for judicial roles and take on new challenges in their career. I hope that that will allow greater diversity, more women and more minority ethnic lawyers to enter the judiciary, with all the benefits that that will bring for applying the rule of law and widening access.
(1 year, 6 months ago)
Commons ChamberNo one is more committed to the integrity of the UK than this Government. I set out the position on the Bill of Rights earlier. We have made it clear that we would not rule out ever withdrawing from the ECHR in the future. We certainly need to make sure that we have a viable legal regime that allows us to tackle illegal immigration.
Does the Secretary of State agree with the former Prime Minister, Sir John Major, who reminded the Northern Ireland Affairs Committee earlier this month that, far from being some bureaucratic creation, the ECHR was championed by Churchill and his Conservative Government, and that leaving the convention would place the UK in the dubious company of Belarus and Russia?
I do not think that many people take issue with the convention. Of course, it was negotiated at a very different time and place. The real issue has been the mission creep and the expanding and elastic interpretations of the ECHR since that time. I am confident that, with the Bill of Rights, we can address that in a comprehensive way.
(2 years, 10 months ago)
Commons ChamberOn my hon. Friend’s second point, these are exactly the issues we want to learn from as part of the inquiry. He is right that we need to ensure that the vetting net is as tight as possible. He will know that police officers are vetted at a number of points during their careers, and often on transfer, as he says. We need to ensure that that is happening and has happened. If there are lessons to be learned, we will learn them. He is right that this is not necessarily a problem just for the police in one particular area or for the police as a whole; it is one that we have to face as a society generally. I have to reassure him that some of the strongest advocates for change, some of the individuals most outraged by previous events and some of those most committed to maintaining the integrity of the police force are police officers themselves.
May I associate myself with the comments of others across the House and pass on my condolences to James’s family?
The murder of Sarah Everard has truly shocked and saddened us all, and I once again send my condolences to Sarah’s friends and family. We on these Benches welcome the independent inquiry and the announcement of a taskforce, but more details must be given on exactly what will be put in place. The statutory inquiry must be put in place.
I recognise that this issue is not solely confined to the Met. As recent inquiries and news have shown in Scotland, there is a real problem and a culture that pervades establishments. The Scottish Government are taking this seriously and will take any concerns or issues raised seriously and ensure that those responsible are held to account.
Dame Elish Angiolini referred in her report to “a canteen culture” and
“racist, misogynistic or emotionally damaging”
conduct. While good policing will not end male violence against women, trust in the police is vital, yet over the past 11 years, more than 750 Met police officers and staff have had accusations of sexual misconduct, including accusations of sexual harassment, sexual assault, rape and using their position of power for sexual gain. Of those 750, only 83 were sacked. Does the Minister feel that those figures reflect sufficient accountability and, if not, what action is needed to address that?
I obviously cannot speak to the individual cases that the hon. Lady has outlined, but like most of the British public, I need to have faith in the independent structures that are put in place. All offences of that type must by law be referred to the Independent Office for Police Conduct, and all disciplinary proceedings within the police force are dealt with by independent panels chaired by legally qualified chairs. That is the due process that produces these numbers.
We hope that the work we are doing through the National Police Chiefs’ Council, the reforms that we have put in place around the IOPC and the lessons that will then come out of the inquiry will form a suite of information and tools that will help to bolster the faith that the vast majority of the British people have in the vast majority of police officers. As I say, our job is to help the police to rebuild that bond of trust, whether in Scotland, England, Wales or Northern Ireland, and we will do our best to stand alongside them.
(3 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I am grateful to the Chair of the Justice Committee. I think I should correct the record; it was, of course, the hon. Member for Garston and Halewood (Maria Eagle) who asked the urgent question. I know that the hon. Member for Wallasey (Dame Angela Eagle) is similarly supportive, and I am sure that she is more than grateful to be referred to, but I am grateful to the hon. Member for Garston and Halewood, who is in the Chamber.
My hon. Friend is right to talk about the excellent report that his Committee has done. We will respond to it by the end of July, and my officials are working on that response. His question draws out some important points that we should all remember when it comes to inquests. Inquests are processes that are designed to uncover the facts. They are not trials; they cannot be trials. This brings us back to the essential point for the families. The families have put their faith in the criminal trial process as a way of responsibility—people being held to account. However comprehensive the inquest process was—and the inquest chaired by Sir John Goldring was, indeed, a very comprehensive and thorough piece of work that all of us can reflect upon and understand—it was never going to be a trial.
The point I seek to make is that we must ensure that, when we talk about equality of arms, which is a very important point that underpins the hon. Lady’s campaign, we do not turn to some sort of adversarial blame game. That would be wrong. It would be a disservice, frankly, to bereaved families, and it would be a misunderstanding of the coroner’s function. Article 2 widens the provisions of the inquest to allow for wider consideration to be given, but it is important that all of us focus upon the function of an inquest and the fact that any changes to be made should not detract from its essential quality.
The Hillsborough disaster was a fatal human tragedy at a football match at Hillsborough stadium in Sheffield on 15 April 1989. I pay tribute to those who lost their lives and the families who have spent decades in pursuit of justice.
In 2016, the inquiry findings concluded that 96 victims were unlawfully killed due to gross negligence. Police errors in planning, defects at the stadium and delays in the emergency response all contributed to the disaster. The behaviour of fans was not to blame. The 32-year battle for justice by the families shows that the English legal system is in dire need of reform. It has failed to provide any real accountability for these unlawful deaths and a cover-up that extended from the police lying and omitting crucial details to the media narrative shifting, blaming fans for their deaths, and a long, hard fight for the truth. The collapse of the latest trial means that no one will be held criminally responsible. Margaret Aspinall, who lost her 18-year-old son in the disaster and is the former chair of the Hillsborough Family Support Group, has called this outcome a
“cover-up of the cover-up of the cover-up”,
saying that families have been
“put through a 32-year legal nightmare looking for the truth and accountability.”
Given the collapse of the trial, how does the Minister plan to promote confidence in accountability for public servants and in the idea that fair justice is ensured in the English legal system? The ruling that the Government inquiries are not a course of public justice and that in effect public servants cannot be held legally to account for evidence provided to them is incorrect and risks creating a dangerous precedent for those who wish to withhold or amend evidence for future inquiries. What action will the Minister take to ensure that the system of inquiries is not compromised by this ruling?
This is the end of the legal line for the Hillsborough campaigners. The reviews, inquiries, inquests and criminal trials have allowed the record to be set straight and established that fans were not to blame for the disaster. However, no convictions have been made and many still feel that justice has not been served. What assurances can the Government give to the victims and their families that the lessons of Hillsborough have been learned and that justice and accountability remain unequivocally guaranteed in the English legal system?
No one should go to a football match and not return home afterwards. It is right that the matter is considered carefully and sensitively, but after 32 years the campaign for justice for the 96 rightly deserved justice.
In the hon. Lady’s sensitive and appropriate invocation of the memories of the 96, it is right to pause to remember that 50 years ago the Ibrox disaster happened in Glasgow, a major disaster costing many, many lives.
(3 years, 6 months ago)
Commons ChamberI absolutely agree. It is appropriate that the work programmes that are available in the community are available to prison leavers. That is why I am working closely with my right hon. Friend the Secretary of State for Work and Pensions on this issue, including by delivering on our manifesto commitment to increase the number of prison work coaches, who will further support prison leavers. It is those work coaches who will enable us to connect to those long-term Government programmes.
The Government established the independent Human Rights Act review to examine the framework of the Act—how it is operating in practice and whether any change is required. The review will consider the approach taken by the domestic courts to the jurisprudence of the European Court of Human Rights, and it will also examine whether the Act currently strikes the correct balance between the roles of the courts, the Government and Parliament. It will then consider whether—and, if so, what—reforms might be justified. It will report back in the summer and its report will be published, as well as the Government’s response.
Last week in the Joint Committee on Human Rights, Lord Neuberger pointed out that the Human Rights Act plays an important role in ensuring that people have access to justice and the means to protect their rights in court, and that the Act is even more vital as legal aid is squeezed. Does the Secretary of State agree with this statement, and does he recognise that removing human rights avenues at the same time as legal aid centres will reduce the ability of citizens to protect their human rights?
I agree with the noble Lord that the Act has played an important part in helping many applicants with important cases that have been brought before the courts. However, I can reassure the hon. Lady that the review is all about the framework of the Act itself, not about the scope of the convention rights that are scheduled within it, and the two issues should not be confused, either accidentally or intentionally.
(4 years, 1 month ago)
Commons ChamberYes, of course. Scotland has a distinguished and distinct legal system and of course it would need to be consulted in that way. I do wish, though, to make one point crystal clear: whatever amendments may come to the Human Rights Act, the United Kingdom remains committed to membership of the European convention on human rights. That will not change.
Can the Minister outline the relationship between the independent review of the Human Rights Act and the proposed constitution, democracy and rights commission, as well as the terms of reference for the independent review and whether the devolved Administrations, including the Scottish Government, will be consulted about those terms of reference?
I thank the hon. Lady for her question. There is a manifesto commitment to look at updating the Human Rights Act, which is now—what?—20 years old or so, but we have yet to set the terms of reference. Of course it is the case that, as we go forward in that process, the implications for the distinguished and distinct, separate legal jurisdiction of Scotland must be taken into account, and that is exactly what we will ensure takes place.
(4 years, 7 months ago)
Commons ChamberI have been discussing this issue with my Cabinet colleagues and will continue to do so. The United Kingdom is committed to protecting and respecting human rights and will continue to champion them both here and abroad. As set out in our manifesto, after Brexit we need to look at the broader aspects of our constitution, including the balance between the rights of individuals and effective government.
I welcome you to your place, Mr Speaker.
Before the general election, the Conservative manifesto promised to update the Human Rights Act 1998. Since its introduction, the Act has successfully protected countless citizens across the UK from human rights abuses, so can the Secretary of State tell me which specific aspects of the Act need updating?
I refer the hon. Lady to the answer I gave in the context of the constitutional commission. Updating Acts is something we do regularly in this place. The Human Rights Act is now just over 20 years old. Aspects of its operation have worked very well; others deserve a further look—for example, the operation of the margin of appreciation and how Strasbourg case law is adhered to. All those issues are relevant and material to the work of the commission.
(4 years, 10 months ago)
Commons ChamberI am grateful for the chance to follow the right hon. Member for Maidenhead (Mrs May). May I take this opportunity to take a different approach from the one we very often take on the Opposition side of the House, which is to pay tribute to her both for her approach as the former Prime Minister of this country and for her commitment and genuine passion? As the former Prime Minister, she committed her life’s work in this Parliament to making sure that the agenda of women and girls was recognised. I am sure that the successful passage of this Bill will be a legacy that she can be proud of, and that it will rightly go down in history as the landmark legislation of the second female Prime Minister of this country. I pay tribute to the right hon. Lady for the work that she has done.
To return to the point of order made by the hon. Member for Walthamstow (Stella Creasy), may I also acknowledge her dedication and commitment to women’s rights? I think no Member across this House should have to receive the treatment she has received. I am sure—I know—that the right hon. Gentleman the Speaker of this House will do everything in his power, as a champion of Back Benchers, to ensure that all the House of Commons authorities provide her with the necessary support that she requires, because no one in this House should come under fire for ultimately doing what is right and proper and what should be done, which is protecting the rights of women.
I welcome this Bill, and I agree in essence with its main principles, because domestic abuse can ruin lives and it needs to be tackled strongly. I recognise that the primary basis of the Bill will apply only to England and Wales. However, there are some limited provisions in the Bill that will have an impact on Scotland, and it is on those grounds that I want to speak today.
As the Lord Chancellor said, 2 million people in the UK are affected. Most of them are women, but not all. This is only an estimated number. It is based on the recorded statistics we have of the number of women who have bravely come forward and undergone the process of speaking out loud and saying, “I will not accept this treatment any longer”. However, it is only an estimated number because too many more women will suffer in silence and receive this ongoing treatment day to day.
I of course have nothing but the utmost respect for the law and justice and for our ability as Members of this House to produce legislation that can make a difference, but everyone in the House knows that legislation alone will not tackle this problem. I congratulate the UK Government on going some way towards taking the approach of really driving home the point that domestic violence cannot be tolerated and cannot be accepted. It is something that we want to change so that future generations will not grow up to experience this kind of world.
On this particular occasion, I think Scotland has taken a leading stance and a really strong stance against domestic abuse. In Scotland, domestic abuse accounts for almost a quarter of all violent crimes. Again, this is only an estimated figure; we have no real idea of the true figure or of the true cost that it has on people’s lives. About one in four women has experienced or reported domestic abuse at some time in their lives. It is usually perpetrated by a spouse, partner or ex-partner. Domestic abuse often includes physical violence, mental or emotional damage, or undue control or power over another person.
The SNP in government has taken a lead and taken the issue of domestic abuse seriously. I am very proud that we have been able to do that in the Scottish Government. The multiple forms of abuse are tackled by the Domestic Abuse (Scotland) Act 2018, which for the first time introduced a “course of conduct” offence. This enables not just physical abuse but psychological domestic abuse and controlling behaviours to be prosecuted at once. As many from a legal background will know, that in itself is really hard to pin down. How do we even begin to quantify undue influence or coercive control? How do we recognise that, and how do we prevent it in a criminal statute? The fact is that the Scottish legislation is designed to address the emotional abuse that Scottish Women’s Aid has said is, for most victims, the most traumatic and the hardest aspect of abuse to recover from. It is a really significant and important part of this legislation, and I hope that the Government will take that into consideration when they come forward with the Public Bill Committee.
In a similar vein, the Domestic Abuse Bill broadens the scope of domestic abuse legislation in England and Wales. This is the legislation we are here to speak about today, and it would be a great shame if the Bill were to be lost. Should this Parliament dissolve or prorogue again and we do not succeed in passing this legislation, it would ultimately be against all our better intentions. We want to see the Bill successfully brought through this Parliament during this term, regardless of when this term may cease.
On that very point, as the right hon. Member for Maidenhead (Mrs May) has said, this is landmark legislation. All of us may have reservations about certain aspects of it and things we may want to see amended in Committee, but it is incumbent on us to support it today and get it through so that, as the hon. Lady says, it is not lost.
Absolutely. Perhaps I should use this opportunity to say that should a future Government of any coalition have to carry forward this legislation, I hope their agenda will also be to deliver on this Bill should it not succeed in this parliamentary term. It would be a great loss and a great shame were we not to see it passed in this parliamentary term, and were the right hon. Member for Maidenhead not to have it as part of her legacy, because she rightly deserves such an opportunity.
In particular, it is welcome to see the measures to protect survivors in court, including the prohibition of the examination of domestic abuse victims by their perpetrators. It seems almost unimaginable that such a procedure is even possible. The inclusion of non-physical abuse in the statutory definition of domestic abuse, the inclusion of children aged 16 and 17, and the appointment of a Domestic Abuse Commissioner are truly welcome. While these measures go some way towards tackling a broad and multifaceted problem, I believe there are several areas in the Bill that could be improved in Committee.
The hon. Lady is making a very good case. There is another dimension, because we very often get women whose immigration status, for want of a better term, is not secure. Does she not agree that the commissioner should really have her powers strengthened to look at that?
I wholeheartedly agree, and I will come on to that later in my speech.
In 2017, my colleague Eilidh Whiteford’s Bill to ratify the Istanbul convention was very much about pressing the Government to do exactly what this Bill sets out to do. I know that she, although no longer in the House, would love to see this Bill passed and to see the Istanbul convention ratified as part of her legacy. Although the Government stated their intention to bring the convention’s provisions into law, two years later we are still waiting. The Bill is an opportunity for the Government to meet those intentions, but in my opinion it fails fully to meet the requirements of the Istanbul convention. I hope more work can be done in Committee to ensure that the Bill gets us to the point where we can ratify the convention.
Women with insecure immigration status find it virtually impossible to seek protection when experiencing domestic abuse. As the hon. Member for Coventry South (Mr Cunningham) indicated, for many such women their visa status is tied to their partner or their partner has control of the necessary documents and evidence, so they are unable to escape. That goes against the crystal clear language of the Istanbul convention, which states that protection must be afforded to survivors regardless of their immigration status. I am worried that, should the Bill fail adequately to promote equality, including for those with insecure immigration status, it would risk violating our existing human rights obligations under the European convention on human rights, the Human Rights Act 1998 and the convention on the elimination of all forms of discrimination against women—CEDAW, as we all know it. In essence, we must ensure that we get this legislation right.
I am conscious that many people want to speak, so I am doing my best to wind up as fast as I can. In taking forward the Bill, we must consider the needs of people whose insecure immigration status means they have no access to public funds or housing support. Such people are routinely denied refuge spaces, safe accommodation and welfare, and therefore are stuck between becoming destitute and homeless and returning to their abuser. Every MP in the House will have a constituent, or will have supported a woman, who has had to seek refuge in temporary accommodation. That may have been their first interaction with a Government office, be it the Department for Work and Pensions or the Home Office. They need our support, so we must do better.
Frankly, the Government’s approach to welfare only compounds problems for survivors of domestic violence. Universal credit provisions, include mandatory waiting periods and payments to heads of households, create an environment that allows economic abuse and control. The SNP has repeatedly argued for universal credit payments to be processed and paid in advance rather than in arrears, and be made to more than one householder, in the form of split payments. If the Government do not make those adjustments, victims of abuse will continue to be unable to access the resources they need to leave harmful relationships.
As the SNP spokesperson for women and equalities, it is an honour to work with colleagues across the House, including the right hon. Member for Basingstoke (Mrs Miller), the hon. Member for Birmingham, Yardley (Jess Phillips) and many others, as a member of the Women and Equalities Committee. The Bill relates specifically to England and Wales, but some of its provisions will have an impact on the lives of women in Scotland. The picture painted by the Minister only highlights that we have so much further to go. Let us not get another 25 years down the line and be having the same conversation.
I am proud of my honourable friend Christina McKelvie, who, as Equalities Minister in the Scottish Government, is delivering this policy in Scotland. We can do better. We must do better. Too many women and their families are relying on this Government to protect them, whether through policing or justice measures or through this legislation in and of itself. I hope this Prime Minister and this Government get this right so we can deliver for women across the UK.
I am extremely grateful to the hon. Lady, as the House will be, for being commendably succinct. Momentarily, a 10-minute limit will begin on Back-Bench speeches, and the right hon. Member for Staffordshire Moorlands (Karen Bradley) will be the next speaker. However, just before I call her to contribute, I think that the House will be interested to know what I have just been advised by the Minister on the Treasury Bench: namely, that the designate Domestic Abuse Commissioner, Nicole Jacobs, is observing our proceedings today. Welcome to the House. We very much appreciate your interest in the legislation from which we hope will flow your very important responsibilities.
Hon. Members: Hear, hear.
(6 years, 9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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I congratulate the hon. Member for Fareham (Suella Fernandes) on securing the debate, and wish her well in seeking reform of the law. I shall not labour for long, because of course, as we have heard, Scotland has a distinct legal system, and I do not want to lecture or give lessons from Scotland. I simply want a sharing of best practice between the two nations, and to ensure that where legal reform is necessary we seek to proceed in tandem, so that there are not huge disparities between England and Scotland.
For clarity, I will mention that the area of family justice reform covers marriage, civil partnership and cohabitation; what happens when a relationship ends—separation or divorce; and the relationships between parents and children, including parental rights and responsibilities and the interplay of children’s panels incorporating the rights of the child. In Scotland we have gone further than most of the other nation states in the UK to ensure that the voice of the child is paramount, and that it is ultimately the principal consideration in a divorce or resolution settlement about custody of children. However, I want to echo the sentiments expressed by the hon. Member for Fareham and reinforce what she said, encouraging continual reform and review of the process, as family life evolves. We no longer have the 2.4-child nuclear family that the system was perhaps built around. It is necessary to consider the legal system now and how family life will evolve. Valid points have been made about no-fault divorce and encouraging shared parenting, and they are worth considering. I hope that the Minister will take what the hon. Lady said into account.
I am grateful to the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), who spoke about Scotland’s distinct legal system; his learned experience will be welcomed by the House. The hon. Member for Strangford (Jim Shannon), who is no longer in his place, explained that Northern Ireland also has a distinct legal system, which does not necessarily recognise common-law or cohabiting partners. I hope that protections in that regard, and in connection with the rights and responsibilities of grandparents, may be strengthened. That would be a welcome adjustment.
The hon. Member for Berwickshire, Roxburgh and Selkirk spoke about work that has been done in Scotland on family justice and reform, and what will happen as of 2018. There is a strategy for review of this area of law, including the Children (Scotland) Act 1995. That is clearly necessary because things have evolved; as a law graduate I recognise that there is a need to review and update the law continually, as family life and society evolve. As I said, it is necessary for the voice of the child to be at the heart of the principle.
As to grandparents’ rights, I wonder how the hon. Lady would accommodate that question. The Scottish Government have considered it in the past and have refused to confirm that they want to amend the law proactively to accommodate it. I wonder what her view of that is.
Personally, I am happy to say that I think grandparents should play an active role in their grandchildren’s lives. There is room, in the next review period, to consider the role of grandparents, but as I sit in this place I have no locus in the matter and my opinions are frankly irrelevant. However, I agree that children and their grandparents should be able to have a relationship, and there is room in the review for consideration of the role of kinship carers, as it is not simply grandparents but also aunts and uncles, or other relations, who often take on parental responsibilities or care-giving roles.
I believe that there is room for the Children (Scotland) Act to be transformed into something fit for 2017, and fit for purpose in the future. That is why I fully support the motion, and why I argue that we need continually to review family law and to consider the possibility of consulting on simplifying the process and making it more user-friendly. That is our ambition in Scotland—to make the process easier for families. Families have a difficult enough time when relationships are dissolved; the last thing they need is to be pulled through a family court system that does not necessarily make sense to them or seem user-friendly.
In Scotland, we have made a specific commitment to encourage legislation on domestic abuse, which includes coercion and controlling behaviour. I hope that that will be replicated across the UK. I think that it is necessary to cover all aspects of family law, including domestic abuse and violence, and that there should be protections for anyone who finds themselves in that dangerous situation.
An area of law that has not been covered, which is not specifically relevant to the title of the debate but is relevant to the area, is gender recognition. The Government have on several occasions had the opportunity to respond to the inquiry by the Women and Equalities Committee on the Gender Recognition Act 2004. I hope that there will be progress across the UK, as there has been in Scotland, and a commitment to non-medicalisation, self-identification, and the ability for anyone who identifies themselves as transgender to have recognition in law for their chosen gender. It is entirely reasonable and fair and I hope that the Minister and the Government will take the opportunity to respond to that aspect of law reform in the debate.
(7 years, 7 months ago)
Commons ChamberI entirely agree that it is important for us to help people to find work. I support the Ban the Box initiative, and we are exploring options for its promotion. Later this year we will publish our employment strategy. We want to encourage more employers like Halfords, Greggs and DHL, which already work with ex-offenders, to become involved. Once they have jobs, ex-offenders often prove to be loyal and effective employees.
We are committed to reforming our domestic human rights framework, and we will return to our proposals once we know the arrangements for our exit from the European Union.
In September, the Secretary of State said that she was expecting to meet the Scottish Justice Minister to discuss the repeal of the Human Rights Act in Scotland. How does she plan to guarantee that the proposed British Bill of Rights will not compromise the autonomy of the Scottish legal system?
The Secretary of State has offered some dates, and I hope it will be possible for the meeting to take place. There will be some time for that now, because, as I have said, we will return to our proposals once we know the arrangements for exit from the EU.