(1 year, 9 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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
May I take this opportunity to warmly welcome the hon. Lady to her place and to thank her for her comments? On the substantive, non-political points that she made, I have been extremely clear, and am happy to repeat the assurance, that we are working carefully with the independent Electoral Commission, which itself recommended the introduction of photographic ID to safeguard our precious democracy. We are looking at all its recommendations. We will, of course, naturally come forward for scrutiny when the findings are published, as we do as a matter of course.
On the substantive point, is the hon. Lady really saying that the Labour party will repeal the Elections Act should it come into government? What exactly has the Labour party done to raise confidence among Labour voters? Or is this just a case of Labour Members standing on the sidelines making shrill, scaremongering claims? Time and again, Labour has made such claims ahead of the sensible and proportionate pilot schemes that we have rolled out, but none of the things that Labour Members have warned about has happened—[Interruption.] Perhaps she would like to listen to my remarks.
The new shadow Secretary of State for Levelling Up, the right hon. Member for Ashton-under-Lyne (Angela Rayner), warned of shortages of electoral staff, lack of venues and funding uncertainty ahead of the local elections in May 2021. The Mayor of London, Sadiq Khan, warned that elderly people and ethnic minorities would not visit polling stations. None of those things has happened. The Electoral Commission—[Interruption.] Opposition Members are chuntering from sedentary positions, but perhaps they should listen to the words of the independent Electoral Commission—not my words—which found that
“the polls were delivered safely and successfully”,
and that changes put in place by the UK Government, the commission and electoral administrators helped to “support and reassure voters” and campaigners.
I think it important to make this final point. The hon. Lady talks about ethnic minorities being disenfranchised and discriminated against, but we know from the type of heinous behaviour that we saw in Tower Hamlets and Birmingham that ethnic minority voters are most disenfranchised and disadvantaged by not having security in our elections.
The crime of personation has been notoriously difficult to prove. We have functioned on the basis of trust that people who go to the polling station are who they say they are. The sad reality is that when I was elected in 2010, we found after the election that scores, perhaps hundreds, of people who had voted in my constituency were actually abroad at the time. The police refused to do anything about it. People impersonated those voters. I do not how they voted, but clearly those votes were stolen from people. Voter ID ensures that that sort of activity cannot happen. Will my hon. Friend also take up the issue of postal and proxy voting to ensure that their proper policing is integral to our system?
My hon. Friend is totally right. The suggestion from the Opposition parties is that we should just wait and see whether something bad happens, and then take action. That is the wrong way to go about safeguarding our democracy, which we should all be proud of. He makes the extremely valid point that it is impossible to detect impersonation. When it has been detected, such as in Tower Hamlets and Birmingham—the Opposition do not like me mentioning it—people have been taken to court and found guilty of these offences. He is also right to raise the issue of postal and proxy voting, and he will know that we are commencing provisions to safeguard some of those processes, which is the right thing to do.
(1 year, 9 months ago)
Public Bill CommitteesI rise to speak to speak to amendment 14. As we have heard, this Bill is not country or nation specific. It applies as much to Myanmar, North Korea and China as it does to Israel. The Government say there will be exemptions; Belarus and Russia have been mentioned, but unfortunately no others, and that is one of the profound weaknesses in the Bill. There are also other non-nation exemptions—financial and practical matters, bribery, competition law infringements, the environment and so on—but, crucially, there is no reference to genocide.
In June, 19 leading Uyghurs wrote a letter to The Times in which they expressed their serious concerns about the Bill. Last week, we heard evidence from the UK director of the World Uyghur Congress. In what I thought was a very moving session, the director told us that she strongly opposed the Bill and made it clear that it was not just her own view, but the view of the entire Uyghur community she represented.
There can be no doubt that the Uyghur minority in China are victims of grave and systematic human rights abuses. The Government have correctly described these abuses as “barbarism”. The UN has said that the crimes may well constitute crimes against humanity, and the US Administration have said that what we are seeing is genocide. Therefore, I sincerely hope that the Government accept the amendment, and in so doing demonstrate that they stand foursquare behind the Uyghur community.
I have to say, Mr Blackman, that your timing is not that good today. We will take this as an intervention.
I have every sympathy with a view of taking action against nations that commit genocide, but the hon. Gentleman and I know that when we have tried to get the Government to classify certain human rights abuses as genocide, we get met with the legal definition of genocide. His amendment deals with just genocide, and not any other human rights abuses. Therefore, unless an international body classifies crimes against humanity as genocide, his amendment will have no effect whatsoever.
I am a normal person, not a lawyer, and I am open to suggestions about what would be a legally tight definition. The important thing is that if the amendment were passed, I am sufficiently confident that His Majesty’s Government would draw up the correct legal definitions to ensure that the political views the Committee had expressed were made real. I take the hon. Gentleman’s point, but there is room for co-operation and hopefully a conclusion on this issue.
It is a pleasure to follow the passionate and high-quality contributions from the hon. Member for Airdrie and Shotts and my hon. Friend the Member for Birmingham, Selly Oak. I rise to address the issue of whether clause 4 should stand part of the Bill, because the Opposition believe that it should not. As we have heard, this is the so-called gagging clause, and colleagues will remember the significant discomfort about this provision on both sides of the House on Second Reading. It takes the Bill far beyond the existing consensus on combatting BDS actions that target specific states and into the realms of placing serious restrictions on freedom of expression.
Having listened carefully throughout our proceedings, I still cannot understand why the Government are so attached to clause 4. The road it takes us down is not helpful, and it will only muddy the waters in terms of what the Government seek to do. Let us be clear what clause 4 does. As we have heard from colleagues, it prohibits public bodies—yes, the entity but, in reality, the people who make it up—from making a statement that they would breach clause 1, were they able to, as a result of moral or political disapproval of a foreign state’s conduct. It is one thing to say that they cannot do it; now, they cannot even say that they would wish to—they cannot even talk about it.
We have heard the Minister’s qualification, and I will turn to it shortly. However, we must assess what is on the face of the Bill, which is a really bizarre limit on freedom of expression and contrary to the British values on which we pride ourselves. I know that there are Conservative colleagues who pride themselves on being free speech champions—indeed, it is a big part of what they do in this place and online—and I say to them that this may well be their moment to prove that.
I pay tribute to my right hon. Friend the Member for Barking (Dame Margaret Hodge), who spoke so powerfully on Second Reading about her experiences fighting the British National party and about why this clause cannot stand. She said:
“arguments are never won by suppressing democratic debate”.—[Official Report, 3 July 2023; Vol. 735, c. 615.]
I agree. That is a lesson that politicians on both the left and the right are still wrestling with—certainly in the online space—and need to learn.
There is also a wider problem. This is part of a broader range of efforts by the Government to curtail free expression—a legislative programme that has whittled away at the civic space over many years. That includes the Trade Union Act 2016, the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, the Public Order Act 2023 and more. The Bill adds to those as yet another unacceptable fetter on free expression. There is consensus to make progress on the Bill, but clause 4 is a particular sticking point.
We have heard from the Minister, in the evidence sessions and today, some admirable attempts to clear this up. She has said that this is a very narrowly understood restriction and that individuals who may be a decision maker on one day can talk in a personal capacity on another, when they are not making the decisions. I think that fails on three fronts.
First, that is not what it says on the face of the Bill. Clause 4(1) states that a statement of intent to “contravene section 1”, were that permissible, is not allowed and, at line 15, the words “(in whatever terms)” are added. I cannot square “in whatever terms” with what the Minister has said. If someone was on a television programme, could they have a disclaimer and set aside the “in whatever terms” provision? I do not think those two things sit together, and I feel confident that an enforcement authority relying on judicial review for oversight would fall back on what is on the face of the Bill, rather than what we have heard.
Secondly, I would argue that a person who is a decision maker because they lead a local authority, is a cabinet member or is even, perhaps, a member of the council or a Mayor is always a decision maker. I do not think that they can just turn it off or on. I do not think that saying that is credible. I know that when people overreach in what they say on social media or in the media more generally, they might try to disassociate themselves from it in an attempt to shield their colleagues, but I do not think they get much shrift in that. Never mind when we get to the conflation where—we have current precedent—a leader of a council is a Member of Parliament. We also have recent and multiple examples, including one that lasted a significant period, where a Member of Parliament was also an elected Mayor. Are they fettered from talking about foreign policy in debates in this place? Can they take off those hats? I do not believe that they credibly can.
Finally, and this is the point made by my hon. Friend the Member for Birmingham, Selly Oak, we heard on Second Reading, and we have heard in Committee, that the purpose of the clause is to stop decision makers adding to or creating a situation where a community, particularly a minority one, is made unsafe. This is important, and the evidence from the Jewish Leadership Council and the Board of Deputies of British Jews brought that home. What the Minister has said in Committee, however, is that a decision maker could essentially say whatever they want, up to the point of advocating a boycott, and avoid that harm. As my hon. Friend says, it implies that a person can stand up and say anything they wish, in the most inflammatory terms, but that would not make people feel or be less safe. All that would do that would be the final phrase, “And I think we should boycott them.” I would say that the 200 words of inflammatory speech—of conspiracy theories and racist or hateful language—is where the harm is.
The clause does not add anything to the Bill, which leads us to our problem. We are being asked by the Government simultaneously to accept that the provision is broad enough to be impactful and to protect from harm, but narrow enough, as the Minister says, to apply in only a very small number of cases at a very small moment in time. I would say that those two things cannot be true together. The clause does not have to exist for the Bill to operate, which is why I believe we can safely vote against it without harming the overall goal.
Can I just put a contrary argument about the logic and flow of the Bill as planned? First, we have to look at clause 1. We are talking about individuals who are making decisions about placing contracts and buying goods and services from organisations that are affected by foreign policy. That is the first decision. Only the people in that position are affected in this way.
I am not a lawyer, either, but this is how I read the situation. A person cannot say, “I am going to break the law.” We cannot have an individual making a decision standing up and saying that. It clearly would be a contravention of the Bill and would be quite logical, and that is why we have clause 4(1)(a). If the person was to say, “If it were lawful to do so, I would act in this way,” that would create problems in community cohesion. We have seen that in what Leicester wanted to do, which is a prime example of what could happen if this clause is not included. From what I have heard, saying that this is about people in a representative democracy, whatever their guise, muddies the waters. The BDS movement focuses on Israel, the occupied territories and the Golan Heights, and it is targeting public authorities of all types.
The hon. Gentleman and I share a lot of common ground on various foreign affairs issues. I have been reflecting on what he is saying. He and I both take the view that the Islamic Revolutionary Guard Corps should be banned, and we would like to see the Government act urgently on that. In the absence of a ban, if we were to go one step further and think of other ways in which we might be able to impact on the IRGC, would it be outrageous to say, “If it were legal to do so, I would do this and this”? Why would that be a breach?
I could call the hon. Gentleman my hon. Friend because we co-operate on many issues. As representatives we can speak out and ask for a change in the law, but it is not right for us to lobby organisations, individuals and public bodies to break the law. That is what is covered in the clauses. With respect, I think the wording could be cleverer or better. I am one of those individuals who passionately believes in free speech. I passionately believe that people in a democracy and elsewhere should be allowed to say what they believe. I share the sentiments expressed on Second Reading by the right hon. Member for Barking (Dame Margaret Hodge), who has fought the British National party. Whenever we see extreme views with which we all disagree, we need to expose them in public and defeat them in an argument, rather than push them underground. My clear concern is that people could undermine community cohesion inadvertently. They probably would not mean to do so. There is no issue with making statements and having debates in councils, Parliament and the Scottish Parliament. The issue is one of breaching the law in terms of procurement, including of goods and services.
I thank the hon. Gentleman for giving way; he is being very generous. Does he not concede that there is a real problem with the language in clause 4(1)(b), which states
“that the person would intend to act in such a way were it lawful to do so”?
That is a rather baffling sentence, is it not?
I thank the hon. Gentleman, but that is what I have said. In due course, perhaps on Report, the language may need to be tidied up. However, the intention is clear. The decision maker should not be saying, “If I was able to do it, I would make this decision.” I do not think it helps the public body or decision making if primary legislation passed through this House says that that would be unlawful. That would not help community cohesion and it would not protect public bodies against being accused of making decisions based on particular views rather than on their coherent procurement needs. I will conclude with that.
I know you are a seasoned political veteran, Sir George—it is always clause 4 that causes a problem, isn’t it? It is always clause 4, and the problem with this clause 4 is that it is the thought police clause. The difference is—[Interruption.] I have been rehearsing that one. I made that wisecrack privately to Sir George the other day, so yes. But this is the thought police clause. The normal police come for someone if they commit an act that is criminal, but the thought police are different. They act if someone “intends” to act in a particular way. Under the Bill, the authorities do not need to demonstrate any proof of intent to publish a particular kind of statement. That is impossible to do in the normal world, so let us just rely on telepathy to find out someone’s intent.
It gets worse, and I thank the hon. Member for Harrow East for taking my intervention. In clause 4, entitled “Related prohibition on statements”, subsection (1)(b) proposes that even
“were it lawful to do so”,
any alleged intent to do so would be a criminal act. You need only consult George Orwell on this, Sir George—prove me wrong if you can—because he says, “Yes, this is the Thinkpol, whose job is to monitor the citizens of Oceania and arrest all those who have committed thoughtcrime in challenge to the status quo authority of the Party and the regime of Big Brother.” Fortunately, there is an escape clause for the Government in clause 4, which states:
“This section does not apply to a statement by a Minister of the Crown”.
Lucky them—but not anybody else.
The convention for the protection of human rights and fundamental freedoms, better known as the European convention on human rights, was opened for signature in Rome on 4 November 1950—only two years after George Orwell published his book “1984”. The world had just come through a period in which freedom of expression had been brutally suppressed. The ECHR, to which the UK is still a signatory, defines freedom of expression thus:
“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
The purpose of the Bill is therefore to break an international convention and undermine a fundamental human right. Why would any Government do that? Is it because this is the red meat that the Tory party is throwing to people—a policy that actively restricts moral and political freedom of expression on human rights, environmental protections and workers’ rights? Are they playing to a narrow audience with dog-whistle policies? We can end this dystopian farce here and now.
Witness after witness, even the witnesses who support the Bill and support the Government’s position on the Bill, said—all of them—that they had difficulties with this clause and how it could possibly be enacted and enforced. We need to take account of that, and I ask the House to support the amendment tabled by my hon. Friend the Member for Airdrie and Shotts. If not, we certainly need to remove clause 4.
(1 year, 9 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Sir George, with other hon. Members from all parties. The Bill is an important piece of legislation that has been brought to this place to fulfil a manifesto commitment to ensure that the UK speaks with one voice internationally, and to promote community cohesion within the United Kingdom. We have 17 clauses and one schedule to discuss in four sittings.
Amendments 22 and 23 would remove the references to “territorial consideration” from the Bill. I am not sure that this is what the hon. Member for Airdrie and Shotts intended, but the amendments would broaden the scope of the Bill. In its current form, the Bill will prohibit only territorial considerations
“that would cause a reasonable observer of the decision-making process to conclude that the decision was influenced by political or moral disapproval of foreign state conduct”,
but the amendments would mean that when a public authority is making a procurement or investment decision, all considerations influenced by political or moral disapproval of foreign state conduct would be captured, not just territorial considerations—unless, of course, they were also excluded in the schedule.
The condition of “territorial consideration” in the ban means that the Bill only bans certain boycotts or divestments that “specifically or mainly” have regard to a country or territory. It does not currently, for example, prohibit public authorities that have an environmental policy for their procurement or investment decisions that is universal rather than country-specific. The amendments would arguably prohibit such policies, which is not the intention of the Bill.
Does my hon. Friend accept that if the amendments are agreed to—obviously colleagues have proposed them on a sensible basis to probe the intention of the Bill—one of the risks, given that there are all sorts of territorial claims all over the world, is that countries that are occupying territories might be brought into scope if this change is made? The reality is that it should be the foreign policy of the Government that determines whether such decisions are taken, not individual authorities.
I completely agree that foreign policy should be determined by Government. I would like to point out the definition of a territorial consideration in clause 1(3):
“A ‘territorial consideration’ is a consideration that relates specifically or mainly to a particular foreign territory.”
Foreign territory is defined in clause 1(5) as
“a country or territory outside the United Kingdom.”
For the avoidance of any doubt, “territorial” does not apply simply to territories; it also applies to countries.
Amendment 3 would exclude “territory” from the Bill’s definition of a foreign territory. In his evidence to the Committee, Richard Hermer KC raised a concern about the term “territorial consideration”, and I understand that the hon. Member for Nottingham North has tabled the amendment to address that concern. I have already explained the importance and purpose of territorial consideration, so I will not repeat it. I understand that Mr Hermer’s concern is that the terminology indicates that the clause applies only where there is a territorial dispute, but that is not the case. As Jonathan Turner noted in evidence to the Committee, there is nothing in this wording that suggests that the clause will apply only where there is a territorial dispute. If that is the reasoning behind the amendment, it is unnecessary.
Unless I am mistaken in my understanding of the reason for the amendment, it seems to be intended to attempt to reduce the scope of “territorial considerations” in the ban. In other words, it appears to intend for public authorities to be permitted to have regard to considerations relating to a territory when making an investment or procurement decision, even if that decision is influenced by the moral or political disapproval of foreign state conduct.
The hon. Gentleman alludes to the difference between how we treat private and public bodies. There is a very good fundamental reason for that: we want there to be one UK foreign policy and we do not want other public bodies to be making up their own foreign policy or statements on such matters, whereas a private individual or private company is entitled to invest or divest as they see fit.
Our public bodies include people from countries all over the world, some of whom may have expertise relating to a particular country. Under this amendment, if they highlighted human rights abuses in a specific country it could result in their public authority introducing a policy that is totally different from that of all other public authorities. Does my hon. Friend agree that such a risk should not be put in the hands of local authorities?
That is a very good point. This amendment carries the risk of allowing a multitude of different statements on human rights, without any consistency, resulting in the community friction that we all desperately seek to avoid. That is why we are looking to boycott the BDS movement.
There might well be something in what the hon. Gentleman suggests. There is, to be honest, a not-too-subtle change in the Government’s emphasis and in their exposition on this matter. Equating Israel and the occupied territories is unique in any British legislation, let alone any Government statement; it questions the long-standing position of the United Kingdom supporting a two-state solution based on 1967 lines.
There is also the question of international law. In his first written submission to the Committee, Richard Hermer KC cited the advisory opinion of the International Court of Justice concerning the construction of a wall in the Occupied Palestinian Territories. In his second written submission, he also made reference to the United Nations.
I respectfully remind the Committee that the UK is a founding signatory of the charter of the United Nations and is obliged to comply with Security Council resolutions. Security Council resolution 2334 very clearly expresses the concern about Israeli settlements in the Occupied Palestinian Territories; I want to emphasise that point. Operative paragraph 1 of the resolution states very clearly that the Security Council
“Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace”.
Operative paragraph 5 imposes an international-law obligation on all states to ensure that they treat the OPT differently from Israel. It states that the Security Council
“Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967”.
In summation, clause 3(7) is incompatible with international law, for two very solid, basic reasons. First, it gives special protection to goods and services from both Israel and the Occupied Palestinian Territories. Moreover, it gives greater protection to illegal settlements in the OPT than it does to any other state in the world except Israel. That is quite incredible. If that does not suggest a change in Government policy, what on earth would? It seriously draws into question the Government’s commitment to international law—if that doesn’t, I don’t know what does.
Secondly, clause 3(7) fails to differentiate between Israel and the Occupied Palestinian Territories. I do not want particularly to be in this Committee to make history: I want the Government to say, “Yes, we are being consistent. We have said this all along. We are not nudging Parliament to a change in policy. We are reaffirming where we stand.” That is the right decision to make. I am pleased to say that there has been genuine consensus in Parliament on the issue of Israel and the Occupied Palestinian Territories. I do not want to see that consensus being weakened, and I certainly do not want to see it being shattered. I fear that this legislation is the thin end of the wedge.
One concern that needs to be looked at is cause and effect. When there have been attempts to put pressure on companies that trade with the occupied territories, it is often Palestinians themselves who lose their livelihood as a direct result. One reason I think this is so important is that it is for the Government to decide this, not for individual public authorities.
The other issue that needs to be on the record is that the occupied territories have been the occupied territories for thousands of years. There has never been a state of Palestine. It has always been occupied by someone. We could go back to the days of the Israelites arriving from Egypt; we could go through the Roman occupation; we could go through the Ottoman empire; we could go through Jordan occupying it until ’67. The reality is that they have never had the ability to exercise authority over themselves. It is very important, when decisions are made on procurement, that we consider all the causes and the direct effects of a decision being made to disinvest from the occupied territories. We owe it to the Palestinians to safeguard their livelihoods and interests. That is one reason why clause 3(7) is so important: it protects them from unintended, although possibly well-meaning, consequences from particular public authorities.
(1 year, 9 months ago)
Public Bill CommitteesQ
(1 year, 9 months ago)
Public Bill CommitteesJust before we get into the questions, I think Bob Blackman would like to make a declaration of interest.
Thank you, Chair; apologies for being late at the beginning. I want to put on record that I am a vice-president of the Local Government Association; obviously, we have witnesses here from the LGA. I am also the secretary to the all-party parliamentary group on British Jews, and I chair the all-party Britain-Israel parliamentary group. I am an officer of Conservative Friends of Israel, and I have been on trips to Israel sponsored by the Conservative Friends of Israel. I have also been on trips to the west bank and on others sponsored by other groups.
Six members of the Committee have indicated that they want to ask a question, so I will initially confine them to one question each. I am sure that members of the Committee have enough intellectual flexibility to be able to get everything they want to find out into a single question.
Q
Councillor Jamieson: I think the key question is the one that I have just spoken about. I am not particularly aware of any decisions, but I am aware that there have been debates. The key point that I am worried about is that I do not want those debates to be caught out, because it is right to debate things.
Q
I did say that I was not going to allow second questions, but can somebody give a quick answer?
Councillor Jamieson: I will have to come back to you on that, Bob. I do not have the details of the Leicester discussion.
Q
Councillor Deering: I think it is my turn to go first, isn’t it? Do I think it is fair? That is a very good question. I think ultimately it is the decision that Parliament will make on this on this Bill. As a broad matter of principle, I do not think it is inappropriate that if a standard is set and there is a failure to meet the standard, some consequence will follow, but it is for Parliament to determine quite what that standard will be and quite what the consequence will be. As a principle, I do not think we would have any difficulty with that. On the second part of your one question, I would not think that this issue would deter people from coming into public life in local government. That would be my personal view.
It was a very quick point to Councillor Jamieson: could you clarify exactly what changes might be made to the Bill to clarify the regulations that you spoke about earlier?
Thank you. Over to our witnesses.
Councillor Jamieson: First, I will write formally, Bob, so that there is no ambiguity on any of those changes, if that helps.
Minister, on the point about being able to speak freely, the question is, if someone is speaking in a debate and it is minuted, what does that mean? There needs to be clarity about what represents speaking as a councillor or speaking on behalf of a council. Minutes of a meeting are one area where, at the moment, it is ambiguous, so we need to be very clear that minutes of a meeting and opinions expressed in those minutes do not represent the views of the council; they are the views of the councillors, if that makes sense. That just needs clarifying.
On the couple of points I was making to you earlier, Bob, in order for a decision that has been made to be called into the Pensions Regulator, or whatever, it needs to have been substantially influenced, not just influenced. My third key point is that we should be regulated by the Pensions Regulator. You should not be able to JR a council on this matter. If you do not like the decision of the Pensions Regulator, you should JR the Pensions Regulator. That would save an awful lot of potentially vexatious JRs.
(1 year, 11 months ago)
Commons ChamberI am very grateful to the hon. Gentleman. I hope that my hon. Friend the Member for Christchurch heard the careful case he prosecuted when he said I was on the side of the landlords. In fact, I am on the side of a healthy private rented sector. The overwhelming majority of landlords do a brilliant job and I want to pay tribute to the National Residential Landlords Associations and Ben Beadle for their effective work in this area.
I congratulate my hon. Friend on his excellent private Member’s Bill, which the Government were happy to support as it tackles a very real problem. The Bill has received Royal Assent and will become law on 29 August; we will start the consultation as soon as is practicable thereafter.
(1 year, 11 months ago)
Commons ChamberI join the Front-Bench spokespeople in their tributes to the late Lord Kerslake. I will never forget the help and advice that he gave me on delivering the Homelessness Reduction Act 2017. It is sadly ironic that the Kerslake commission, on which I was proud to serve, was due to meet tomorrow to approve a long-awaited report, but it has been cancelled because of his sad death.
I congratulate my right hon. Friend the Secretary of State on this long-awaited Bill, in which we take on—let us be clear—the BDS movement directly. This legislation is an endeavour for which I have been campaigning for many years, and I thank him for his tireless work in bringing this policy to fruition. I listened carefully to the hon. Member for Edinburgh East (Tommy Sheppard). I know his views—they are very clear, and he has espoused them on many occasions in the Chamber. He is vocal about them, and he is rightly held in regard, but I am afraid that he is wrong.
The House will be aware that the ability for public bodies to take powers unto themselves that should correctly be reserved for the Government has sown division and discord across our nations. Calls for universities to sever ties with academic partners in Israel have led to a great number of prejudicial motions at our institutions, isolating and alienating Jewish students. The National Union of Students has reported that anti-Israel hatred is plainly linked to the racist treatment of British Jews, corroborating findings from the Community Security Trust, which found that campus antisemitism has hiked by 22% in the past year alone. This brand of student politics should not be permitted at our universities, let alone in our great democratic institutions. This is not news. When I was at university the same things went on—and that was a long time ago.
Speaking of democracy, I shall elaborate on the claim that I have heard in recent days that this Bill somehow harms our commitment to free speech. I believe that it is the proponents of BDS who are pitting one community against another, which results in a chilling effect on honest debate. It is intimidation, marginalisation and incitement to hatred. I agree with my right hon. Friend the Member for Newark (Robert Jenrick), a former Secretary of State for Housing, Communities and Local Government, who said in 2021 that
“successive studies have shown the single best statistical predictor of anti-Jewish hostility is the amount of BDS activity”.—[Official Report, 22 February 2022; Vol. 709, c. 213.]
Hon. Members do not have to take my word for it. Omar Barghouti, founder of the BDS movement, wrote 20 years ago in 2003 that
“the two-state solution for the Palestinian-Israel conflict is finally dead…the more just, moral and therefore enduring alternative...the one-state solution...where, by definition Jews will be a minority”.
The BDS national committee, the directive organ of the BDS movement, has on its board organisations including the Council of National and Islamic Forces in Palestine, and a coalition of proscribed terrorist groups, including Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and many others. The council’s leader, Khaled al-Batsh, acts as a senior official for Palestinian Islamic Jihad. The council’s general co-ordinator, Mahmoud Nawajaa, has publicly supported the armed wing of Hamas, the terrorist organisation that heinously murdered three British nationals—a mother and her two daughters—in April. Today in Holland, two BDS fundraisers were arrested for securing €5 million to go directly to Hamas.
The propositions set out in the Bill are a safeguard against the rising tide of discrimination and double standards, and will provide the balance crucially needed in our national conversation. The Bill will empower the Government to introduce secondary legislation to enforce a boycott of states committing human rights abuses. In response to colleagues who have cited particular countries, that means that the Government can introduce those measures through secondary legislation. In turn, public bodies will be able legitimately to advance their own trade sanctions in support of the national interest, as determined by the democratically elected Government. Surely, that is welcome. This is precisely what will, I hope, happen shortly in relation to Russia.
The Bill will inevitably generate much debate, but I restate its importance in protecting the Government’s foreign policy interests, the Jewish community and the wellbeing of the many citizens who have grown tired of grandstanding public bodies exploiting the public purse and the money on which they depend. The Government will have my full support on this important matter. I listened carefully to the shadow spokesperson, who gave a very reasonable speech. When the Bill goes into Committee—I hope that it will go into Committee—all these different elements should be examined carefully to make sure that we end up with a Bill which, I hope, can command the support of the overwhelming majority in the House.
(2 years ago)
Commons ChamberAgain, the hon. Gentleman makes a very important point. The whole design by David Adjaye and his team is designed to complement the Buxton memorial. Indeed, the hon. Gentleman is quite right that it is fitting that a memorial intended to ensure that we remember those who fought against the evil of slavery is located alongside a memorial to ensure that we remember the victims of the greatest crime that humanity was ever responsible for.
My right hon. Friend has been right in talking about the site for the memorial, and colleagues have raised the issue of opposition to it. Does he agree with me that the principal reason why some Jewish people and Jewish leaders are raising objections is the sheer length of time this whole process is taking? Actually, they do not object to where it is sited, but just want to make sure we get on with the job and get it done.
My hon. Friend is absolutely right. From the meetings I have had with the commission and the conversations I have had with people in the Jewish community and beyond, I know they want us to proceed. They understand that we are a country governed by laws and they understand why the court came to the decision it did on the 1900 Act, but they also want the Government, as well as this House and the other place, to proceed at the fastest possible pace—giving due consideration to all the arguments that are and have been made, but at the fastest possible pace—to ensure that an appropriate memorial is established.
I would like to close by reflecting on the words of Mala Tribich MBE, who is now 92 years old, and a holocaust survivor herself. As she says:
“As the Holocaust moves further into history and we survivors become less able to share our testimonies this Memorial and Learning Centre will be a lasting legacy so that future generations will understand why it is important for people to remember the Holocaust, to learn from the past and stand up against injustice. The memory of the Holocaust cannot be left to fade when us eyewitnesses are no longer able to share our memories.”
I believe we owe it to Mala and to all survivors to pass this Bill, and I commend it to the House.
I rise to support this excellent Bill and to oppose the reasoned amendment. It is a pleasure to follow my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), who made a coherent case for his own view.
I declare my interest as co-chairman since 2018 of the holocaust memorial all-party group. We have sought to obtain progress on the establishment of the holocaust memorial and learning centre, but progress has been too slow.
When we talk about the holocaust, it is hard to comprehend how 6 million men, women and children could systematically be murdered. When I was at school in Wembley, half of my class were Jewish and the rest of various other religions, but never ever were we taught about the holocaust. It was not spoken about. Jewish families in our area did not talk about the holocaust; they chose to try to forget it. It is only relatively recently that we have spoken about the holocaust and its horrors. That is why the work of the Holocaust Educational Trust and the Holocaust Memorial Day Trust in educating our young people, and the not-so-young, about what actually happened is so important.
Does the hon. Gentleman agree that we should be full of admiration for the work of the Holocaust Educational Trust and for the visits to the sites of terrible atrocities across Europe? Does he also agree that any visit to Auschwitz or another such site does more than bring home to people how devastating this all was? It seems to have happened just yesterday. That is why it is so right of him to reinforce the point that these events must never be forgotten and should be part of the education syllabus.
I thank the hon. Gentleman for that intervention. Like many others, I have been to Auschwitz. I went there with constituents and saw the true horrors—but today is not the day for remembering Auschwitz-Birkenau or any other camp; it is for dealing with the horrors of antisemitism.
My wife’s family fled Germany in the early 20th century; even back then, antisemitism was rife. Also in the early 20th century, way before the great war and before the holocaust started, my family fled France because of antisemitism and programmes in operation in that country. This problem is not confined to one particular country.
Most people would say the holocaust began around 1933, when the Nazis gained power in Germany; although they had a minority of the vote, they were ruthless. The German population were experiencing very tough times, with hyperinflation and severe reparations to pay in the wake of the great war. In such times, they sought a scapegoat, and in “Mein Kampf” we see exactly where the finger was pointed, namely at the Jewish population. Civilians had no qualms about turning their backs on Jewish friends or neighbours, and we should remember that. They isolated them from society. The momentum grew, and Jewish businesses were attacked, books were burnt, and stringent regulations restricted the freedom of Jews in the country. We should also remember, however, that of the 6 million Jews who were murdered by the Nazis, only 100,000 were German Jews. Most of those who saw this coming got out of Germany as fast as they could.
In 1938, on the awful “night of broken glass”—more commonly referred to as Kristallnacht—Nazi mobs, SS troops and ordinary citizens torched synagogues throughout Germany. They destroyed German homes, schools, businesses, hospitals and cemeteries. When the second world war broke out in 1939, the persecution escalated severely. The antisemitic undertones had now become grave systematic murder. There is no doubt that the holocaust is one of the most tragic events that the world has seen, and the brutal, wicked murder of 6 million Jewish men, women and children by the Nazis and their collaborators during the second world war must never be forgotten.
The conditions undergone by Jewish communities during that time are incomprehensible today. The testimonies of survivors paint a grave picture of what happened in the concentration camps: initially forced labour, then starvation, gas chambers and minimal hope of survival. Maria Ossowski, a brave holocaust survivor, described the experience as one
“which will haunt me all my life.”
Even today, those survivors and their families must live with the remnants of their past, to which they were subjected simply because they were Jewish. It is essential that we commemorate the hardships that were undergone, to preserve the extraordinary stories of survival and give our future generations an accurate account of history in order to educate them and prevent such scenarios from ever occurring again. We must do all that we can to prevent genocides in any form and in any part of the world—the killing of innocent people simply because they are the wrong type of people.
The memorial will serve as a national monument to commemorate the men, women and children lost during the holocaust. Alongside it will be an education and learning centre, an accurate and detailed account of this slice of history with testimonies—this is an important element—from a British perspective. The hon. Member for Hemsworth (Jon Trickett) made a key point about what had happened to his family. As he said, there were undercurrents in this country of what was happening in Nazi Germany. Under Mosley and his Blackshirts, a dangerous energy was brewing in this country. They sought out members of Jewish communities, who were fearful to go on the streets—certainly after dark—and who were verbally and physically attacked during the organised rallies that Mosley held.
Many Members who are present will have visited memorials dedicated to the Jewish struggle, such as Yad Vashem in Israel. In 1992 I had the opportunity to visit the original Yad Vashem, which was even more powerful than the Yad Vashem of today, because it was more personal and intense. Today’s Yad Vashem is a much bigger, bolder museum, but loses some of the original, key intentions. However, the powerful audio-visual exhibitions and the stories told by survivors send an exceptionally powerful message to visitors, ensuring that those narratives will live on forever as a stark reminder. It is expected that our site will attract half a million visitors a year, which emphasises how wide the outreach of the project will be.
The holocaust is fast moving from living history to just history. Sadly, holocaust survivors are dying, and far too many have passed on already. It is therefore important that we build the memorial at the earliest possible opportunity to pay tribute to those who have suffered in both the past and the present. The longer we take with this project, the fewer survivors will be left to see the finished memorial. Prime Minister David Cameron began the process in 2014, some eight years ago, and we still have no memorial. Devastatingly, we have lost many survivors in the last eight years, including the iconic Zigi Shipper. We need to press on urgently to ensure that as many as possible can be there to see this important site opened. Holocaust survivor Manfred Goldberg BEM recently put the situation in perfect perspective, saying:
“I was 84 when Prime Minister David Cameron first promised us survivors a national Holocaust Memorial in close proximity to the Houses of Parliament. Last month I celebrated my 93rd birthday and I pray to be able to attend the opening of this important project.”
The Prime Minister at the time announced that the holocaust commission was to examine what more should be done in Britain to ensure that the memory of the holocaust is preserved and its lessons are never forgotten. The commission concluded that a national memorial should be built, stating:
“The evidence is clear that there should be a striking new Memorial to serve as the focal point for national commemoration of the Holocaust. It should be prominently located in Central London to attract the largest possible number of visitors and to make a bold statement about the importance Britain places on preserving the memory of the Holocaust. It would stand as a permanent affirmation of the values of British society.”
I could not have put it better myself. However, eight years on, we have made little or no progress, and with the complex parliamentary process it is predicted that things will take a further four years. That adds up to 12 years and counting—longer than the second world war and longer than the holocaust itself.
There has been much discussion of the proposed location of the memorial. I thank my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for her speech about the site. I understand completely her concerns as the local Member. I strongly believe that Victoria Tower Gardens—already home, as has been described, to another memorial—is the perfect location. With its close proximity to Parliament, it will both serve as a reminder to us decision makers to ensure that this never happens again, and attract large numbers of tourists to visit the site and learn the history. We should remember that large numbers of people come to this place already, so many will come to this place and go to the holocaust memorial centre too.
The Bill will permit Victoria Tower Gardens to house the memorial. No place in Britain is more suitable for a holocaust memorial and learning centre than Victoria Tower Gardens—right next to Parliament, the very institution where decisions on Britain’s response were made in the lead-up to the holocaust, during it and in its aftermath. I hope that we will see detail about the decisions that were made, what people knew about what was going on in the holocaust, and what we did as a nation as a result. The memorial will serve as a reminder of the potential for abuse of democratic institutions and its murderous consequences, in stark contrast to the true role of democracy in standing up to and combating racism, hatred and prejudice.
Only Parliament can change the law. It is right that Parliament should consider whether the unique significance of the holocaust justifies seeking an exception to the protections mentioned by my right hon. Friend the Member for Gainsborough, which were put in place by Parliament more than a century ago. I am aware that, for many reasons, several of my colleagues oppose the development. I hope that I can defuse their concerns and persuade them that this significant project should get the backing it deserves and that current plans should be protected.
The proposals for the memorial include sensitive landscaping that will improve Victoria Tower Gardens for all users. More than 90% of the area of the gardens will remain fully open after the memorial is built. Local residents and workers will be able to visit and enjoy the gardens just as they do now. Further, it is important that the relevant section of the unique legislation that we seek to override—the 1900 Act—applies only to Victoria Tower Gardens, meaning that the Bill will not impact any future development rights at other sites.
In response to the many concerns about the environmental impact of the site, I am assured that landscape improvements to Victoria Tower Gardens will ensure that this important and well-used green space is made even more attractive and accessible than ever before. The new development will take only 7.5% of the current area, and all the mature London plane trees will be protected. Additional planting and improved drainage of the grassed area will increase the overall attractiveness of the gardens and reduce any potential risks of flooding. There will still be a clear and unobstructed view of Parliament from all areas of the park.
It is important to note that the holocaust memorial will not be the only memorial on the site. The Buxton memorial, as has been mentioned, was placed in Victoria Tower Gardens in 1957 to commemorate the emancipation of slaves in the British empire. For years, this well-placed memorial has attracted visitors and become a loved and popular part of the park.
How many times bigger than the Buxton memorial is this proposed memorial? It is many times bigger, and it will completely overshadow it.
It is clearly a very different type of memorial. My right hon. Friend is referring to the holocaust memorial and the learning centre combined, but the learning centre will be underground. Only 7.5% of the park will be used for this purpose. The holocaust memorial will complement the Buxton memorial, being no greater in height and with bronze fins designed to step down progressively to the east, in visual deference to the Buxton memorial.
The Father of the House has suggested that the memorial would be better placed at the Imperial War Museum. Contrary to those comments, the Imperial War Museum has said it supports the current plans for the memorial to be situated in Victoria Tower gardens and that it has no wish for the memorial to be built on its site.
I reject the claim that the Jewish community does not want this memorial, which I cannot believe has been put forward and is simply untrue. Of course, as with any community, the Jewish community is not homogeneous—it does not agree on everything—and there will always be a difference of opinion to some degree. But the vast majority are in agreement that the proposals are good and that there is an urgent need to crack on with the project.
Prominent supporters of the memorial include the Chief Rabbi, the president of the Board of Deputies of British Jews, the chair of the Jewish Leadership Council and the chief executive of the Holocaust Educational Trust, as well as many holocaust survivors. Throughout this process, there have been multiple consultations with members of the Jewish and survivor community.
At every stage of the previous planning inquiry, individuals and groups were able to give written and oral evidence, which has been crucial to shaping the development. When we get through the parliamentary process, I hope they will have the same rights, as we would expect.
It is quite clear that the majority of the House agrees with the proposals, and we are determined, dedicated and devoted to ensuring the plans become reality as soon as possible. We must remember the horrors that people had to live through during that atrocious point in history, in order to ensure their stories are preserved as lessons for generations to come.
In deference to my hon. Friend the Member for West Bromwich East (Nicola Richards), who spoke earlier, I end with the words of Sir Ben Helfgott, a holocaust survivor and successful Olympic weightlifter, whose words should resonate with all of us when assessing the urgency of the project:
“I look forward to one day taking my family to the new national memorial and learning centre, telling the story of Britain and the Holocaust. And one day, I hope that my children and grandchildren will take their children and grandchildren, and that they will remember all those who came before them, including my mother Sara, my sister Lusia, and my father Moishe.”
Sadly, he died earlier this year, but I have no doubt that, with this memorial and learning centre, his memory and story will live on for his children, grandchildren and future generations to enjoy for many years. I support the Bill.
(2 years, 3 months ago)
Commons ChamberI rise to support the Bill in the name of both my hon. Friend the Member for Peterborough (Paul Bristow) and, as he rightly says, Lord Hayward in the other place, who has done a brilliant job over many years on electoral reform and ensuring that our ballots are cast fairly and properly.
It is a fundamental part of democracy that people can go to a polling booth if they are on the electoral register. They give their name, they show their polling card and they are issued with a ballot paper. No one should then influence them over which way they cast their vote. In my long experience serving in the London Boroughs of Brent and Harrow, we have witnessed that at first hand all too frequently: not just the influence of one man over one woman, but often a man over a whole family—and it can be a large family who go in, with the women and young men being told which way to vote.
In certain places, particularly London, we have elections on many different systems: we often have local elections the same day as a general election, and we have the London mayoral and assembly elections, where three ballot papers are issued at one time. There is potential for confusion and a need for clarification. My hon. Friend the Member for Peterborough has outlined that it would not be an offence for someone to ask for help and assistance.
In my experience, presiding officers and clerks are always available to offer that help and assistance, particularly to those who have disabilities. They often go out of their way to come to the doors of a polling station if necessary, to assist someone who is disabled to register their vote properly. The problem arises when some people seek to influence others and make sure that they vote in a particular way, especially when it is against their will and they do not really want to do it.
The most important thing is that we safeguard the ballot in a free and fair way through this Bill, which I am sure will receive cross-party support. I know it was supported when I had the pleasure of serving on the Bill Committee—albeit very briefly—and hon. Members want to ensure that it makes progress. In my borough, we pride ourselves on being very diverse. We have someone from every country on the planet, every religion, every race, every background, every language—you name it, we have it. People need to feel free when they go to vote, and to feel that their vote is going to count in the way that they wish it to.
However, I am afraid we have had many experiences of families coming together into polling stations and almost being forced to vote in a particular way. That cannot be right and it needs to change. Many may agree with the candidates they are voting for, but the most important thing is that family voting needs to be outlawed.
In supporting this Bill, I say to my hon. Friend that it clears up one issue of concern. The Government have taken action on preventing personation, and the requirement for identity cards and suchlike to be used at polling stations to prove that someone is the person entitled to cast the vote is an important reform. I look forward to that having a massive impact on stopping people from personating other individuals on the register.
My one concern is that we have seen rapid growth in the use of postal voting. I support this Bill completely, but, where large households register for and are sent postal votes, there is still the risk of those people being coerced into voting in a particular way, or—even worse—not even voting themselves, but just filling in the identity element, with the head of the household filling in the rest of the ballot papers before they are sent back. That is something we must think about if we wish to safeguard our democracy.
I will end there, because I know other colleagues wish to speak and we want other Bills to go through. Despite that note of caution, I warmly welcome this Bill, which will improve the secrecy and sanctity of our ballots.
I rise in support of the Bill, which, as a by-election winner, holds a special place in my heart. That is not only because my noble friend, Lord Hayward, was the chair of my selection meeting, where his passion and knowledge of electoral matters was clear to all of us, but, as we have heard already, because it was during a by-election more than 150 years ago, in 1872, that a secret ballot was first used. This followed the Ballot Act 1872, which made provisions for every elector to be entitled to mark the ballot paper without being seen by anyone else.
The principle of the secret ballot is the bedrock of our system and an essential democratic principle. It is therefore unacceptable that there are some cases that undermine that principle, namely through family voting, where, as we have heard already, a voter is accompanied by another person into or near a polling booth with the intention of influencing their vote. I welcome the fact that the Bill introduces an important and specific new offence for individuals who accompany a voter to a polling booth, or position themselves nearby with the intention of influencing a voter.
I also welcome the fact that the Bill does not apply to, first, a companion of a disabled voter who has made the required written declaration to allow them to assist a disabled voter, and, secondly, to a child of a voter accompanying them to the polling station. I am sure that I am not the only Member in this Chamber today who, as a child, went with their parents when they voted—I can remember it well. In my case, I went with my mum, who is hugely passionate about women exercising their hard-earned right to vote, and who instilled this passion in me, which is one of the main reasons why I support the Bill. Thankfully, for me, my mother also votes for me in person, but I do not unduly influence her. [Interruption.] Or so she tells me, yes.
As Democracy Volunteers discovered, more than 70% of those being affected by family voting were women. Further to that, I welcome the fact that the Bill also provides our brilliant polling station officers and presiding officers across the country with the clarity and support that is needed effectively to act on these issues when they occur.
The Government are committed to protecting our democracy against those who seek to harm it, which was demonstrated by the Elections Act 2022. I welcome the fact that the provisions in the Bill complement that important work. Voter fraud remains a serious issue, particularly in parts of London and, as we have heard, particularly around postal voting, which my hon. Friend the Member for Harrow East (Bob Blackman) has already highlighted. We need to come back to that matter and do all we can to stop voter fraud.
As a fellow London MP, my hon. Friend will know that we have multi-member constituencies, particularly for local elections. That can lead to confusion in voters’ minds. Does my hon. Friend agree that we need to ensure that the guidance tells people how many votes they have and how they should cast them?
I completely agree with my hon. Friend. Some of the clarification and changes, particularly around the mayoral elections in London, will help with that clarity for voters and the voting public.
I wish to thank my hon. Friend for steering the Bill through the House and ensuring that our democracy receives the protection that it deserves. I also applaud him for that fantastic new suit that he has worn today to deliver that. I pay tribute to Lord Hayward again for his tenacity in pursuing this issue, which is a reflection of his passion and expertise in our democracy and other electoral matters, and I am pleased to support the Bill.
(2 years, 3 months ago)
Commons ChamberI am grateful to the hon. Lady for standing up so well for her constituents, as she always does. Actions have to have consequences. The overwhelming majority of developers have done the right thing by signing this contract. It would be wrong for anyone who has wriggled out of their responsibilities to be allowed to continue to make a profit when others are shouldering these responsibilities. It is the case that if a company is not on, as she puts it, the goodie list, that will be it—development will have to pause, and we will make sure that their shareholders and investors pay the price for the irresponsibility of their directors.
On the broader point, if the hon. Lady, on behalf of her constituents, would like to get in touch with my Department and, in particular, our recovery strategy unit, there may well be developments or buildings in her constituency that are not covered by this where there are freeholders or other people responsible whom we need to track down. We look forward to working with her.
I warmly congratulate my right hon. Friend on the progress he is making. Leaseholders are the most important people we have to look after. There will be people who have paid out huge sums of money to companies that are on the goodie list of those who signed this contract. They will want to know what happens to them. There will be people who have received estimates for huge amounts of money they are expected to pay. What happens to them? Most importantly, there are leaseholders who reside in buildings the developers of which we do not know and are not covered by this. Will my right hon. Friend set out the position for those people and give us a guarantee that, if we cannot trace the developers, the Government will step in and put this right for the people who live in these properties?
My hon. Friend makes a very good point. One thing that I was aware of before doing this job but have become clearer on since is that there are actors in the property market operating in the UK who hide behind opaque corporate structures, operate offshore and set up special purpose vehicles in order to get building done and then disappear from their responsibilities afterwards. That is why we set up the recovery strategy unit, and it is no criticism of any of our predecessors, because we have not faced a situation quite like this before. The whole purpose of the recovery strategy unit is to identify the ultimate beneficial owner of the building who should take responsibility. Developers who are operating as responsible plcs have all signed this contract. That is great and a real step forward, but there is still more to do.
On the point about leaseholders, we have a system that we have legislated on—it is not perfect, but it is a big step forward—which means there is a cap on the individual liability of any leaseholder, and the taxpayer has committed significant sums. I think—and I suspect this is a view shared across the House—that the building safety crisis shines a light on sharp practice by a small minority of people in the broader property sector that we need to take several steps to deal with, including improved land transparency legislation and other steps that will ensure we do not have a butler economy in this country, whereby people operating in the property sector put profit ahead of people.