Ukraine

Debate between Ben Wallace and Joanna Cherry

Monday 21st February 2022 Commons Chamber

[Mr Wallace]

Again, it is for Georgia and its relationship with NATO and for NATO collectively to recognise its decision on whether it accedes. Fundamentally—the Prime Minister has been clear about this, as my hon. Friend knows—that this is about maintaining the open-door policy of sovereign states. I said to the Russians very clearly that NATO does not go around choosing people. People choose NATO. They choose our values and that is how it is done. There is no secret plot to go around undermining or dividing Russia, and the question for President Putin should be: why is it that all those countries wanted to join NATO in the first place? It was not to collect a badge, but because they felt under threat by a nation that did not want to respect their sovereignty, their democracy and their freedom.

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the Secretary of State for his statement. The situation is clearly very grave, but he obviously has a pretty clear view of the situation on the ground. The wife of my constituent is stuck in Ukraine near the Russian border. She cannot complete a medical assessment or enrol her biometrics to complete a spousal visa, and because he is not in Ukraine, they cannot use the family migration route. What pressure can the Secretary of State bring to bear on the Home Office to ensure that if the situation escalates, as seems inevitable, our military are not left to evacuate citizens and families?

[Mr Wallace]

If the hon. and learned Member sends me the details, I will be very happy to take that up and look at it for her.

Oral Answers to Questions

Debate between Ben Wallace and Joanna Cherry

Monday 10th January 2022 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

Redford barracks in my constituency has had another stay of execution to 2025. As the UK Government seem unmoved by arguments for retaining the defence estate in Scotland, will the Minister consider transferring the land at Redford to the City of Edinburgh Council so as to offset some of the economic impact of the closure of the barracks?

[Mr Wallace]

The hon. and learned Lady fails to recognise that we have already moved the 51st Brigade headquarters to Redford, so large parts of the barracks will be retained. Also, Glencorse barracks, which was due to be reduced, will be retained and increased on that site. The investment going into Scotland, through new bases or by securing existing bases, is incredibly important.

Far-right Violence and Online Extremism

Debate between Ben Wallace and Joanna Cherry

Monday 18th March 2019 Commons Chamber

[Mr Wallace]

My hon. Friend makes the strongest point of all, which is that we will defeat this challenge through peer group pressure and by coming together to show what is unacceptable. The CST has already offered online material to help advise other places of worship in how to make themselves safe. But the fact is that our law enforcement cannot do this on their own. The current threat is from sudden violent extremists—people who, in minutes, can step outside their front door, grab a knife or car and wreak murder on our streets. That is not going to be spotted by a police officer on every corner, or a large intelligence service, without the support of the public, who can understand their neighbours and bring any worries they have to the attention of the correct authorities, to make sure we say, “This is not acceptable.”

[Joanna Cherry (Edinburgh South West) (SNP)]

No one who has ever visited New Zealand can fail to have been struck by not only the beauty of the country, but the warm welcome one gets from its diverse people, as the hon. Member for Mole Valley (Sir Paul Beresford) has said. On behalf of the Scottish National party, I wish to condemn the terrible evil we saw in New Zealand last week, and to send our heartfelt condolences to the bereaved and injured.

In Scotland, our Muslim community are a valued part of our society, as they are across the whole of the United Kingdom, but we must always be aware of the particular threat posed to them from far-right extremists. I am sure the Minister will agree that Islamophobia must be combated and condemned wherever it raises its head. Does he also agree that politicians, journalists and those in the public eye should always be cautious never to cross the line on free speech and fair comment to risk stirring up the sort of hatred and “othering” that can feed into the narrative of the far right?

There have been a growing number of incidents across the UK in recent years, and it was good to hear the Minister on the radio this morning and this afternoon saying that he is alive to that threat and will put resources into tackling it. I noticed that on the radio this morning the Muslim Council of Britain was very concerned to ensure that its community should get the same sort of funding as the Jewish community has received to protect its places of worship against attack, and I was pleased to hear the Minister say on the radio that protective security tacks with the threat present. It seems that he does recognise the threat, but will he confirm that he will be meeting the MCB to discuss its requests and to look at directing funds where needed?

Finally, we have seen incidents where far-right extremists have tried to intimidate and silence Members of this House who have called them out for their hate. My hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald), in particular, has suffered at the hands of far-right extremists recently. I know that the Government have been very sympathetic about that, but does the Minister agree that all of us, across this House, must stand united with our colleagues against the threat from the far right?

[Mr Wallace]

The hon. and learned Lady makes some good points. On her point about Islamophobia, I have publicly spoken out for many years about the fact that Islamophobia exists. It exists across our communities, in all our political parties and in the communities we represent; it exists throughout Europe, not just in the UK, and we have to tackle it.

If you want a good lesson on how to tackle intolerance, Mr Speaker, I should say that one of the early successful policies of the SNP was on dealing with anti-sectarianism. The SNP recognised in Scotland that this starts with sectarianism and it grows into violent extremism. I have to commend the SNP for what it did all those years ago on that, taking strong steps, certainly among the football community, to stamp it out. That is why, in the end, we have to focus upstream. We must focus in the communities and say what is not acceptable. We must embrace policies such as Prevent to make sure that everyone realises that this is ultimately about safeguarding.

On the issue relating to the community trust, the hon. and learned Lady is right. We will direct our funds as the threat changes, and we are completely open to learning every day from the attacks and plots we see, either here or abroad. We shall direct this in that way. My colleagues in government regularly speak to a range of Muslim communities, and many of us in this House will speak to our own communities in our own constituencies.

We will sense the fear that there currently is in some of those communities as a response to the attack in New Zealand and that there was even before that, given the growing rise of Islamophobia, spread through the evils of some of these chatrooms on the internet. We must, all of us, say that that is not acceptable, and neither is intolerance aimed at other people in other discourse around the world, be it in respect of Unionism and nationalism, or Brexit and remain. Intolerance is where this starts as a small seed, and it grows into hate.

Counter-Terrorism and Border Security Bill

Debate between Ben Wallace and Joanna Cherry

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

As the Minister says, we already have quite a lot of offences with extraterritorial jurisdiction, and clause 5 would add to them. What can he do to convince us that the new clause is necessary and proportionate, given the plethora of extraterritorial offences that already exist?

[Mr Wallace]

We have 400 people in this country who have returned from activity in hotspots, many of whom we believe, from intelligence, have been active, but whom we have been unable to prosecute. That is a serious number of people. A number of them continue to pose a threat, and we have not been able, despite quite a lot of effort and looking, to find evidence to bring to court to prosecute them for the terrorist activity they may have been involved in.

If I was talking about one or two people, it might be a different issue. The French and the Germans have the same problem. It is a growing phenomenon that people are travelling in this world to commit offences. They are tech-savvy; they are capable of sometimes masking some of their behaviour. The grooming that has gone on to seduce people into these locations is a big challenge, and I fear that if we do not legislate, we will not be able to prosecute those people coming back. Do I think the legislation will prosecute hundreds of people? No, I do not, but I think there will be a few people that we can prosecute if they did this. As I said to the shadow Home Secretary yesterday, I recognise that we have introduced this measure into the Bill late, and I apologise for that. However, we are in the Commons, and the Bill will no doubt go to the other place, and I am happy to discuss further how we can clarify it and safeguard it and make sure that it is not abused as a system, and that the reasonable excuse issue is further explored. I think that is appropriate.

--- Later in debate ---

[Joanna Cherry]

I am a little puzzled. The Government have conceded that clause 3, as originally drafted, was imperfect and lacked sufficient clarity, but do they not make the problem worse by removing the requirement for three clicks, so that only one click will suffice, and broadening the offence to include not just viewing but accessing material in any way? I do not understand how these amendments address the imperfection and lack of clarity.

[Mr Wallace]

The intention behind the three clicks provision was an ambition to ensure proportionality and provide a safeguard for those who might inadvertently access such material, but we recognise the underlying difficulties of this approach and the uncertainty regarding how it will be implemented. That is why we tabled amendment 2.

Amendment 4 complements amendment 2. It is intended to provide a similar safeguard, but in a clearer and more certain way, without relying on a blunt instrument. These amendments will make it clear on the face of the legislation that the reasonable excuse defence would apply if the person does not know, and has no reason to believe, that the information they are accessing is likely to be useful to terrorism. This means that a person would be able to defend themselves on that basis in court. As a result of section 118 of the Terrorism Act 2000, if such a defence is raised, the court and jury must assume it to be satisfactory, unless the prosecution is able to disprove it beyond reasonable doubt.

[Joanna Cherry]

I am not satisfied with that explanation, because the reasonable excuse defence is only there for somebody who does not know what they are doing. What if somebody legitimately accesses the material, knowing its content, but without any intent to commit harm—for example, an academic or a researcher? They would not be protected by that defence, would they? [Interruption.]

[Mr Wallace]

The hon. Member for Torfaen is absolutely right; it is set out quite clearly in the 2000 Act. The reasonable excuse defence is a good defence. It will cover journalists and academics, which is important. It would also mean that the prosecution is unlikely to commence in those circumstances, because it would not pass the Crown Prosecution Service threshold test of being in the public interest and of there being a realistic prospect of conviction. The police and the CPS are rightly focused on those who pose a genuine threat, and they have no interest in wasting their valuable time investigating and prosecuting people who pose no threat, where there is no public interest and no prospect of conviction.

Amendment 3 expands the offence of viewing information likely to be useful to a terrorist, so that it also includes otherwise accessing such material through the internet. This is simply intended to ensure that the offence captures non-visual means of accessing information such as audio recordings, in addition to video, written information or other material that can be viewed.

The Government recognise the sensitivities of the issues and the need to ensure proportionality and to provide appropriate safeguards, and we have been open to exploring how clause 3 can be improved to do so in a clearer and more certain way. But we make no apologies for sending a clear message that it is unacceptable to view or stream such serious and harmful terrorist material without a reasonable excuse, nor for having in place robust penalties for those who abuse modern online technology to do so. We consider that clause 3, as amended, is both proportionate and necessary to allow the police to take action to protect the public from potentially very serious threats.

Government amendment 5 responds to the oral evidence heard by the Public Bill Committee about the maximum penalty for the offence of failure to disclose information about acts of terrorism. Section 38B of the Terrorism Act 2000 makes it an offence to fail to disclose to the police information that might be of material assistance in preventing an act of terrorism or in securing the apprehension, prosecution or conviction of a terrorists. This offence might apply in a case where a person, not themselves a terrorist, knows that a family member or a friend is planning or has committed an act of terrorism and fails to inform the police. In his evidence to the Committee, the independent reviewer of terrorism legislation, Max Hill QC, argued that the maximum penalty for this offence is too low and should be increased. Having considered the issue further in the light of recent cases, we agree. Those who know that others are engaging in, or planning, terrorist activity have a clear duty to inform the police about such actions. Where people do have information about attack planning or other terrorist activity and they fail to inform the police, it is right that we have appropriately stringent sentencing options in place. An increase in the maximum penalty from five to 10 years’ imprisonment will send a clear signal about the seriousness of this offence.

This group of amendments also includes amendment 13, in the name of the hon. Member for Torfaen, which seeks to provide for an independent review of the Prevent programme. I shall wait to hear what he has to say about that amendment.

--- Later in debate ---

[Joanna Cherry]

I am very grateful to the Minister for the many telephone conversations that we have had during the passage of this Bill and for keeping me up to date, albeit not on last week’s amendment. Does he understand that the reason why some of us on the SNP Benches are concerned by the designated area clause is that my very good friend and professional colleague at the Bar, David Anderson, who has expertise in this area, has expressed some concerns? Will the Minister note for the record that that is why some of us want to put this measure to the test—not for any reasons of frivolity, but for reasons based on sound legal concerns about necessity and proportionality?

[Mr Wallace]

Of course we listen to and respect current and former reviewers of terrorism. Lord Carlile, the former Liberal Democrat, has often had different opinions from Lord Anderson. Indeed, the current reviewer of terrorism, Lord Hill, has different views. They all do an amazing and thorough job, and they will, for example, have oversight of the use of this offence. They will be able to review the use of this offence as part of their role. I have no doubt that Max Hill, who has gone to be the next Director of Public Prosecutions, will be able to carry out the prosecution’s discretion, which is so important when deciding on the public interest test in some of these offences in the Crown Prosecution Service. The hon. and learned Lady may have confidence in those reviewers of terrorism, but I have confidence in Max Hill as the next DPP, coming from the review of terrorism, to make those sound judgments about when it is in the public interest to prosecute or not.

I can give assurances to Members about the Sentencing Council. Absolutely, we shall continue to work with it, and we will write to its members to make sure. When it comes to the naming of the designated areas, I will seek to bring the matter to the Floor of the House. It is an affirmative motion, and I am absolutely open to that; I do not oppose it in any way.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) made a point about data and the European Union. She will know that national security is not in the jurisdiction of the European Commission or the European Union. What a country chooses to share in data for national security purposes is entirely the business of the member state. We can choose what we want to do with our intelligence, and it is not for someone else to pass that on. Her point about the “Five Eyes”, therefore, is not correct. Even when we share intelligence in the “Five Eyes”, if the intelligence comes from another partner in the “Five Eyes”, we do not have the authority to share that with our European partners because it does not belong to us; it belongs to that sharing partner.

Furthermore, on that data sharing point of the European Union, that is a negotiation that we are seeking to secure. Such a negotiation is in the interests of both the United Kingdom and the European Commission. If they want to keep their people safe, security is a partnership; it is not a competition. That is why our offer on negotiation of security is an unconditional open offer, which seeks to share in a way that we have done in the past.

[Joanna Cherry]

rose—

[Mr Wallace]

I am sorry, but I want to press on, because I want to get to the final point and address Labour’s amendment on Prevent. I hear what the hon. Member for Torfaen says and I in no way question his motives.

Since I have been the Security Minister, I have made sure that we have published more and more statistics on Prevent; they did not previously exist. These statistics enable all of us in the public realm to scrutinise the results of Prevent referrals, including information on where they come from, people’s ages and the accuracy of the referrals. Without any statutory review, after some time—I think we have published two bulletins so far—we will be able to see whether the accuracy of Prevent referrals from different sectors is producing the results that we want. We will know how many people are being correctly identified as vulnerable and exploited. At the same time, we regularly review Prevent within the Government and the Department, and through engaging with the 80-odd community groups that deliver some of the Prevent programmes.

If the Government or I felt that Prevent was not producing a result and diverting many people from the path of violence, I would be the first to come to the House and say, “We have to get it right.” The critics of Prevent—which the hon. Member for Torfaen is not—never set out an alternative. They criticise its title, but always set out a provision that is exactly the same as Prevent.

It is not necessary to have a statutory review of Prevent at this time. It is improving and becoming more accurate, and people are absolutely becoming champions of it across every sector. Today I saw, I think in The Daily Telegraph, a letter by a long list of academics about the chilling effect of Prevent. Never mind that the Higher Education Funding Council for England said in its evidence to this House that it had yet to see any evidence of the chilling effect. In fact, a judge in a recent challenge about the Prevent duty said the same thing—that the defendant had yet to prove any chilling effect. I have not seen a letter from academics about the chilling effect on universities of no platforming, whereby people are shut out of debates entirely. The Prevent duty is about having balance in debate and due regard to the impact.

I understand the hon. Gentleman’s motives and, to some extent, what the Opposition want to achieve. I would say that the publication and transparency that we are increasingly moving towards with Prevent, and the assurances that Prevent is not an inward reporting system—that is, people do not go into Prevent and get reported to the intelligence services; it is deliberately kept as a separate safeguarding activity—means that the best way forward is to continue improving Prevent as it is. We can discuss its accuracy and success rates, but until someone comes up with an alternative policy to what we and the Labour Government had, it is unnecessary to put a review in statute. Therefore, despite our collaborative working on the Bill, I ask the House to reject the hon. Gentleman’s amendment.

Question put, That the clause be read a Second time.

The House proceeded to a Division.

Foreign Fighters and the Death Penalty

Debate between Ben Wallace and Joanna Cherry

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

I hear my right hon. Friend. I do not believe it is necessary or right to withdraw from the European convention on human rights. I believe it is incredibly important that we all follow the rule of law—both our obligations under the ECHR and United Kingdom law—and that is what we have done in this case. Where we have gaps in our statute book, we are seeking to fill them. The Counter-Terrorism and Border Security Bill is passing through this House to make it easier to prosecute and to ensure we are able to do so, and it includes changes to extraterritorial legislation so that our offences reach such places. In this case, however, it was decided—because of the horrendous crimes being alleged, with victims on both sides of the Atlantic—that it was important to seek the most appropriate jurisdiction. When the request came in for sharing the evidence, this Government took the decision, rare as it is, to share that evidence without seeking assurances.

[Joanna Cherry (Edinburgh South West) (SNP)]

It goes without saying that we all condemn terrorism and that we all believe terrorists should be brought to justice, and it really is not good enough for the Minister to imply that any of us in the House is against terrorists being brought to justice. The issue is why and in what circumstances the UK Government are departing from their long-standing policy of opposing the death penalty “in all circumstances”. In using those words, I am reading from the UK Government’s death penalty strategy. Curiously, it was not of course renewed when it was due for renewal in 2016, so will the Minister tell us when it will be renewed?

Not only Members of Parliament but the public are getting increasingly frustrated by the failure of Ministers in this Government to answer questions at the Dispatch Box. I will give him another chance: what are the strong reasons that the Home Secretary says exist for departing from the policy? I have another question for him: what requests were made by the Trump Administration with regard to the waiver of our long-standing policy? Was the decision to waive our long-standing policy on the death penalty signed off by the Prime Minister, and will the Minister tell us whether the waiver will happen only in relation to the United States, or will it happen in relation to other countries and allies, such as Saudi Arabia?

[Mr Wallace]

The hon. and learned Lady is a wise and knowledgeable barrister in her own right, and she will know that coming to this House to discuss individual cases that are subject to ongoing investigations does two things: it puts the investigation and the potential to bring charges at risk; and it could undermine the likelihood of those individuals getting a fair trial if we comment on it. I am sure that she, as a student of justice, would not wish that to happen. I will therefore not comment further on the cases involving these individuals. As we have said, it is incredibly rare in the first place that such issues are brought to the House or discussed in it.

There was no request from the US Administration for us to vary our assurances. That decision was taken within the United Kingdom by Ministers, and the Prime Minister was aware of that decision.

Kerslake Arena Attack Review

Debate between Ben Wallace and Joanna Cherry

Wednesday 28th March 2018 Commons Chamber

[Mr Wallace]

I am grateful to my hon. Friend for his question. We are always open to more requests, and the Home Office will take the case to the Chancellor. After last year’s attacks, the police and the security services requested more funding, so we went to the Treasury and got £71 million more than was marked to be spent, including £51 million of new money, and we will continue to invest.

In Manchester, we have met nearly all requests for funds, but there are some still to work through. The Department for Digital, Culture, Media and Sport has asked my Department to speak to the Department for Business, Energy and Industrial Strategy about business rate relief for the businesses that may face bills, but not the council, which will not receive so much in business rates. There is always more to do, but we are in listening mode, and we do our best to get the money to help.

[Joanna Cherry (Edinburgh South West) (SNP)]

I congratulate the hon. Member for Manchester Central (Lucy Powell) on securing this urgent question and commend the Minister for his full responses so far. As others have said, the attack was a terrible atrocity, and our thoughts today must be with the dead, their families, the injured and all those who have suffered terribly. The authors of the report should be commended on a full report and a prompt response.

As has been said by others, the revelations about press intrusion into the grieving families of the dead are utterly shocking. Does the Minister agree that those findings underline that the attitude of some in the press that everyone should be investigated, held to account and regulated apart from them needs to be challenged? Does he agree that regulation of the press needs to be considered again and that Leveson 2 should be reopened, as was promised?

[Mr Wallace]

I am grateful to the hon. and learned Lady. I am not going to go down the path of Leveson 2, but I totally agree that no one is above the law. Whether a journalist, a police officer or an ordinary member of the public, no is one is above the law. That means that journalists should follow the correct procedures and the rules about respecting victims, and the media should, as they are sometimes requested to by the police and hospital staff, hold back. The need for sensationalism does not trump the rights of victims. The media should behave sensibly.

Investigatory Powers Bill

Debate between Ben Wallace and Joanna Cherry

Tuesday 1st November 2016 Commons Chamber

[Mr Wallace]

This is a very important point of principle.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister asked me a question. I can only remind him of what Mr Speaker said when he was in the Chair: that legislative consent is not required until the Bill has been amended, as the Minister will know very well. Legislative consent to those aspects of the Bill that require it is not sought from the Scottish Government until the Bill has passed through this House. He is therefore setting a false trap. He will remember a phrase from the Scottish Parliament, “My head does not zip up the back.” My head does not zip up the back, and I will not fall into his false trap, but SNP Members will give their support to the Lords amendment on this occasion.

[Mr Wallace]

I think we can debate Zippy another time.

This is about an important issue of principle. Throughout all the Bills I have ever been involved in, we in this House have gone out of our way to make sure that we seek the up-front approval of the Scottish Parliament in an LCM before we start down the path of picking and choosing what we do or do not support.

--- Later in debate ---

[Mr Wallace]

Not for the first time, my hon. Friend is absolutely right. This is the last opportunity to amend this Bill—there will be no going back. Should the hon. and learned Lady wish to go back, then we shall hear her options.

[Joanna Cherry]

The Minister is in a slightly unfair position because he did not pilot the Bill through the Bill Committee, but I did serve on the Committee, and he can check what happened with his ministerial colleagues. The Government accepted clause 8, on the back of which this amendment rides, as a result of an SNP amendment to reintroduce the tort—or, to use the Scots word, delict—in the Regulation of Investigatory Powers Act 2000. This further Lords amendment rides on the back of an amendment that arose from the historic event of the Government actually accepting an SNP suggestion. I was absolutely delighted about that and will mention it at every opportunity.

[Mr Wallace]

In the words of the hon. and learned Lady, my head does not zip up the back either. This is an amendment to an accepted amendment. That does not mean that the amendment is accepted in relation to an LCM—we cannot make that assumption. We should reflect on Mr Speaker’s point that this House does not usually legislate on policy that is not agreed to by the Scottish Parliament in advance.

--- Later in debate ---

[Joanna Cherry]

I assure the hon. Gentleman that it would not come to that, because if the amendment is passed by the House, the Scottish Government will grant a legislative consent motion. The SNP, which is in opposition in Westminster and the Government in Scotland, has discussed this issue in detail over the weekend—I discussed it with the Scottish Government Minister—and we have a position on Lords amendment 15. I will now set out our position, but I am very conscious of the time, so I will be as brief as possible.

As I said earlier, Lords amendment 15 rides on the back of clause 8, and I am very proud to say that it arose from an SNP suggestion in Committee for such an amendment. We have heard about the effect of the Lords amendment. In my respectful submission, the effect will be good: no newspaper should be involved in telephone hacking, and if one is, it should face the consequences. I want to make the SNP position clear.

Section 40 of the Crime and Courts Act, about which we have heard much today, was passed in March 2013. It was part of implementing the Leveson inquiry recommendation that any new regulator set up by the press should be accredited as independent and effective. The purpose of section 40 is to provide costs protection for claimants and Leveson-regulated newspaper publishers. It was passed in this House with cross-party agreement, including the support of SNP MPs. There were rather fewer SNP MPs then than there are now, but my colleagues supported the then Bill. As has already been said, the UK Government have reneged on implementing section 40 on many occasions. Today’s announcement of a consultation kicks its implementation further into the long grass.

As has correctly been said, section 40 extends to England and Wales only, because the regulation of print media is devolved to the Scottish Parliament. The Scottish Parliament has provided cross-party support for the UK Government’s actions to implement the royal charter. The Scottish Government will continue to monitor the current press regulations and work with other parties in Scotland and at Westminster to ensure effective regulation of the media on a non-political basis.

The majority of the press, and in particular the regional press in Scotland, were not involved in the sort of malpractice that prompted the Leveson recommendations. It is therefore the view of the Scottish Government and the Scottish National party that any policy in this area in Scotland must be proportionate and must balance the freedom of the press with the public desire for high standards, accuracy and transparency.

That said, the protection afforded by section 40 when brought into force would be available to Scottish litigants who chose to sue newspapers based in England and Wales. Regrettably, a number of major newspapers based in England were involved in the sort of malpractice that prompted Leveson, and it is therefore right that such protection should be afforded. The limited amendments that we are discussing will not affect small or regional newspapers adversely at all, because they have not been involved in phone hacking, and, I assume, do not have any plans to become involved in it.

Scottish National party MPs are going to support the Lords amendments to provide costs protection across the UK for claimants and Leveson-regulated news publishers in claims for unlawful interception of communications, including phone hacking. I hope that as a result of the amendments some good, at least, will come of this Bill’s passage through Parliament, in the event that this House is minded to support them. I will be crystal clear that nothing I have said involves any concession whatever about the primacy and importance of the Sewel convention, which is now enshrined in legislation. If anyone is in any doubt on that, they should go away and read carefully the guidance note from which I have quoted at some length this afternoon.

[Mr Wallace]

On memorandum 10, to which the hon. and learned Lady refers, is she saying that she is happy to accept the principle that in future when amendments come forward that are not Government amendments nor amendments that the Government are minded to accept, whether from a friendly Back Bencher or an unfriendly one, we do not have to consult the Scottish Government for a legislative consent motion?

[Joanna Cherry]

The hon. Gentleman is no doubt aware of what I did for a career before I came here. I have no intention of making any concession that goes beyond the four walls of what I have already said.