Bob Stewart
Main Page: Bob Stewart (Conservative - Beckenham)Department Debates - View all Bob Stewart's debates with the HM Treasury
(6 years, 7 months ago)
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Bob Stewart (Beckenham) (Con)
I wish to raise two matters in my short speech. The first is young criminal barristers and their existence, and the second is the advice being given to security personnel at the moment.
Let me start with the matter of young criminal Bar barristers. I have become increasingly concerned about the precarious way in which young criminal Bar barristers must exist, and in particular about the very small amount of pay and allowances they receive. Gone are the days when most criminal law barristers came from moneyed backgrounds and could exist on peanuts because they were extremely well supported by their generous families—lucky them.
Sir Edward Leigh (Gainsborough) (Con)
Forty years ago, I was an impecunious young criminal barrister. Typically, I was sent off to magistrates courts and Crown courts all over outer London and less salubrious parts of London, and I was paid £4 a day, four years in arrears. Life was tough then too. I did not come from a wealthy family. My father was a civil servant, and I had to live at home with my poor parents until I was 32. It has always been very tough for those starting at the criminal Bar.
Bob Stewart
He is not learned. I accept that point, but anyway, I am thinking of the young entering the profession now.
Mr Speaker
It may be that the hon. Member for Gainsborough (Sir Edward Leigh) is not, in the parliamentary sense, learned, but I think we can all agree that he is distinguished.
Bob Stewart
Mr Speaker, as ever, you put me properly in my box and, as ever, I take a spanking without any problem.
Bob Stewart
Indeed. I think this is one of those debates.
Let me get back to the main point, which is that it is a bad omen if young men and young women trying to be criminal law barristers are finding it very difficult. I am making this speech because earlier this week, I met a young barrister from my constituency who has had to leave the criminal Bar because she simply could not afford to live while working within the system. She was originally from the midlands, from a family of farmers, and she and her siblings were the first generation of the family to go to university. Her parents were totally supportive of her wish to be a barrister, a dream she told me she had had since she was 12 years old. She loved lawyer dramas on television, and her mother told her that her urge to be a lawyer had probably come from watching too much of the American law drama “Ally McNeal”, because she had a superb mobile phone.
Bob Stewart
I stand corrected. It is hard to keep going.
My constituent studied law at Liverpool University and then applied for the Bar exams. Fully supported by her parents, she reluctantly came to London because there were more pupillages here. In 2008 she took the Bar exams, which cost her £15,000 of debt, not including accommodation. I gather that only about a third of people who pass the Bar exam now manage to get pupillages, and it took her three years to get hers.
During that time, my constituent worked for various agencies and did paralegal jobs to get relevant experience to help with her application. For some of that time she was on the minimum wage, but she eventually managed to get a criminal paralegal role in north London that paid about £14,000 a year. She did that to gain experience and advance her chances of getting a pupillage. However, the experience that really managed to get her a pupillage was doing voluntary legal work abroad. She was able to get a scholarship to cover her flights from the Inns of Court—well done them—and she managed to get someone to help her pay the rent on her flat in London while she was abroad. That allowed her to exist on that money while she was out of the country, because she was in free accommodation.
The young lawyer finally started her pupillage in October 2011. Although she had been warned that she would receive very little money, she was ignorant of just how little it would be. She told me that, during her first year, she received £16,285.38, but her travel expenses of well over £5,000 were not covered, so in effect she had to exist in London on about £10,000. In that year she could take only five days of holiday, she could not be sick, and she worked late nights and weekends constantly. For a young person, she had little social life. She travelled all over the country to various courts, and on most days she had to represent two clients, often in different courts, working through her lunch break and preparing for further clients late into the night.
My constituent told me that there were simply no breaks at all, but it was her vocation and the job she really wanted to do in life. However, she found that she could not live at that pace and, with so very little money, it was just not sustainable. She had to look at a different area of law, rather than criminal work. To start with she thought she could use that to subsidise what she really wanted to do, which was working at the criminal Bar. However, when she moved to a different area of law, her salary tripled almost instantly and she had more time for herself. As a result, she now practises in that area, and has largely left criminal law. She never thought she would make such a decision, but it was largely forced on her by circumstances. She wants to have a family life and bring up children, and she honestly felt that there was little chance of that happening for her at the criminal Bar. How sad is that?
My constituent came to me earlier this week because she feels that what has happened to her is wrong both for individuals and for the profession itself. People who try to be criminal law barristers normally have a massive calling. They know it may not pay half as much as other parts of their profession, but they feel that it is where they can do most good and what they should be doing. Being paid £10,000 for working all hours that God sends, and having to worry so much about money, is simply wrong for someone with responsibilities like hers. Despite the fact that my learned friend—my hon. Friend the Member for Gainsborough (Sir Edward Leigh)—existed on peanuts when he was a young barrister, if this continues we will simply not have enough criminal law barristers, and we will certainly not have ones of the quality that defending in the public arena deserves. Is it an exaggeration to suggest that the criminal justice system could collapse? It is certainly in crisis if my young constituent is typical.
My constituent asked colleagues to provide her with their financial experiences as they strove to get into the profession, and she gave me the examples of five of her friends. None made more than £20,000 in their first year, and they all had to spend a huge amount of that on travel. They also had considerable debts to repay. Young criminal law barristers often do not even receive the minimum wage. That is wrong for them and most definitely wrong for a profession that we need to be as good as possible. Justice will be best served when those who argue for it are also the best, and we need well-motivated, driven people who care that we get things right in our criminal courts. Someone needs to look closely at what is happening, so that we do something about it before it is too late.
Sir Edward Leigh
The problem is that compared with their colleagues in other legal work, criminal barristers are massively underpaid, which is all down to cuts in legal aid. The Government have to address that issue: do they want a first-class justice system—what is more important that defending people’s freedom?—or do they not? In order to have a proper justice system we need a proper legal aid system, and that means taking difficult decisions in other areas of Government spending.
Bob Stewart
I think there will be a debate on these issues next Tuesday, and I might take part. I entirely agree with my honourable and very good Friend, and I thank him for raising that point.
My second topic is something that struck me as I passed by the television monitors this morning. If there is a terrorist incident in our wonderful building, we are told to “run, hide and tell”. I was slightly shocked by that, and I asked a policeman whether that is also the advice they are given. The police officer said, “Yes, but don’t worry, sir, that is the last thing we would do. We would not run, hide and tell.” If that is the way we are telling security personnel to conduct themselves, I am extremely concerned about what the implications might be if someone did not run, hide and tell, but instead ran towards the incident, put themselves in danger and was hurt. Does it mean that the Government might say, “Your advice and instructions were ‘run, hide and tell’ and you did exactly the reverse. Therefore we will not give you compensation”?
This issue concerns me a great deal. I do not believe for a moment that the people responsible for our security would do such a thing as “run, hide and tell”. I spoke with the Chair of the Defence Committee a few minutes ago, and he said that he wanted to comment on that point, so I will sit down.
Dr Julian Lewis
I am grateful to my hon. Friend, and I am frankly surprised that common-sense advice from the point of view of an untrained civilian should be extended—if indeed it is—to those who are professionally engaged in maintaining the security of this place and those who work in it. Of course we expect people to rise to the occasion when they are on duty, and we expect those who are not charged with being on duty to keep out of the way of those who are. How concerned is my hon. Friend at the prospect that people who work in the security field are beginning to think that they might pay some sort of financial penalty if they do what most of us would admire, and tackle the danger rather than hide from it?
Bob Stewart
I thank my right hon. Friend for that intervention, which I forced on him.
That is the worry. We cannot have our security personnel thinking, “If I do this and I am hurt, I might suffer financially.” That would be wrong. Actually, I think the advice is slightly wrong for everyone. If any of us see a situation where someone is in danger, I think we should think, “I’ve got to help.” That is the first thought that should go through our minds.
Mr Deputy Speaker, it is good to see you in the Chair. You are, I believe, an honorary colonel of the Royal Army Medical Corps. It is great that Members of Parliament are honorary colonels of regiments. I hope there will be many more.
I am amazed that people have put up with me here for eight years. [Hon. Members: “Nonsense!”] It is a real privilege to be here, and I think the staff of this place are second to none. I would like to thank you, Mr Deputy Speaker, Mr Speaker, the Clerks, the cleaners and all the staff here who make this place run.
Chris Stephens
Does the hon. Gentleman agree that the staff he talks about deserve a decent pay rise this year over and above 1%?
Bob Stewart
What a Pooh trap! I would love to give them a big pay rise, but thank goodness that decision is above my pay grade.
My father took me to Sandhurst when I was 17 and three quarters. He said, “Robert, remember that everyone gets a stomach ache.” He meant that I should never be impressed by people. His second point was his most important: “Always look after the people for whom you have responsibility.” We have a responsibility to the staff of this place, and we are very lucky that they are of much higher quality than someone like myself.
Jeremy Lefroy
My right hon. Friend may very well ask!
If we look at the World Health Organisation’s report on people’s perceptions of access to good quality healthcare in 2013, under a Conservative-led coalition Government, I am glad to say, we find that 82% of France’s population and 85% of Germany’s felt they had access to good quality healthcare, whereas in the UK the figure was 96%. For all its faults, and there are many, as I know personally from my constituency experience, our system is held in high regard and it provides almost everybody—96% is not 100%—with access to high-quality healthcare.
Bob Stewart
In my constituency, when an ambulance goes by with its alarms going off, this usually signals a heart attack or a stroke and someone being rushed to a really good hospital. The NHS is the place you want to go if you have a heart attack—private healthcare does not even start to deal with strokes and heart attacks. We are really well served by the people who do this.
Jeremy Lefroy
My hon. and gallant Friend is right about that. As far as I know, we will not find an accident and emergency department that is privately run in the UK. If there is such a department, we are probably talking about only one or two. It is not possible to do that because of the cost of running A&E departments. Parliamentary colleagues in France will talk about healthcare deserts in parts of rural France, where people cannot get access to the highest quality of healthcare that they want. I am not trying to play us off against France or Germany here; I am just trying to state a few facts, as we tend to run ourselves down sometimes.
I wanted to start by discussing the health service because it is now five years since the Francis report on the Mid Staffordshire NHS Foundation Trust, which is in my constituency and that of my hon. Friend the Member for Cannock Chase (Amanda Milling). That was a very difficult time for us all in Stafford. I am still very proud of the Stafford people and the Cannock people, who put so much into the work to preserve health services in Stafford and Cannock during that time. I am also proud of the work that has been done since then, and of the people who stood up and pointed out the real problems that were going on at the time, which needed to be corrected. If we consider what has happened since then, we see that patient safety has become an absolute priority for the NHS and for this Government, and I pay tribute to my right hon. Friend for taking that on. If we look at the recommendations in the Francis report, we can see that most of them are now in place. When I talk to colleagues from around the country, they say, “You know, that Francis report made a huge difference for my local hospital”. It made a difference not just for Stafford or Cannock, but for hospitals throughout the country, where patient safety has gone to the top of the agenda.
I pay tribute to the staff of the County Hospital, as Stafford hospital is now known, for what they have done over the past five years. In the past couple of weeks, more than 96% of patients in our A&E have been seen within four hours. That is well above the national target. I am most grateful to the staff for achieving that. Other things must still be done—there are more services that I want to see back in the hospital, or brought to it and the Stafford area for the first time—but I put on record my thanks to everybody who has made that happen over the past five years.
To return to the general point about the health service, it is quite true that they have a different system in Germany and France, and there are merits in that. It is a different system that requires co-payments: people have health insurance, whether it is largely state-funded, as in France, or done through private or co-operative health insurance systems, as in Germany. People still pay often several hundred euros a year on average to access healthcare when they need it. It is a serious issue and a political debate that we need to have. I am not necessarily saying that my hon. Friend the Member for Gainsborough’s points should be disregarded—not at all; they should be considered very seriously—but we have to look into what is sustainable.
Dr Julian Lewis (New Forest East) (Con)
My hon. Friend the Member for Stafford (Jeremy Lefroy) is one of the most decent and good-hearted Members in any part of this House. It is therefore a pleasure, as well as a privilege, to follow him in this short debate.
My hon. Friend the Member for Gainsborough (Sir Edward Leigh) and I are acquaintances and friends probably going back longer in our political association with one another than either of us does with any other Member of the House. We began to work together politically in 1981 and, as he said in the somewhat reflective part of his contribution, the issue on which we were working was to counter the dangerous and widespread movement for one-sided nuclear disarmament that was in its heyday at that time at the height of the second phase of the cold war. He rightly paid tribute to the work of Lord Heseltine, as he now is, and others who fought and won that battle. They not only won the argument but won the election on the basis of the strength of the argument, because of the commitment of the British people never to leave this country wide open to aggression from undemocratic and, indeed, dictatorial states.
At the time when my hon. Friend the Member for Gainsborough and I were waging that political campaign, my hon. and gallant Friend the Member for Beckenham (Bob Stewart) was engaged in somewhat more dangerous activities, fighting to defend the integrity of the United Kingdom and the security of its citizens in Northern Ireland. Some time ago, he and my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) raised the question of the legal persecution of soldiers who had fought in Northern Ireland in an attempt to mount a successful security operation against enemies who were bound by no accepted rules, norms or laws of conflict. In that counter-terrorist campaign up to 40 years ago, they had to make sometimes life and death decisions in fractions of a second in a form of conflict for which, for the most part, they were entirely untrained. Now, up to 40 years later, as my hon. and gallant Friend the Member for Beckenham and my hon. Friend the Member for Filton and Bradley Stoke have made clear, they find themselves in peril of being brought before the courts in relation to actions that have often been investigated over and over again without there being enough evidence available for any proper prosecution to be brought forward.
Bob Stewart
I thank my right hon. Friend and you, Mr Deputy Speaker—a colonel of the Royal Army Medical Corps, of course—for allowing me to intervene.
I was involved in fatality shootings in Northern Ireland in my time, but every single time there was a fatality, it was investigated. If it was considered right by the Royal Ulster Constabulary, it would send in an investigation team to check that we had acted legally. I tell fellow Members this: we were so constrained by the yellow card—the rules for opening fire—that we almost thought about it as we went to sleep. It weighed heavily on us in those milliseconds before we opened fire. So it is very hard on us, all these years later, to face the prospect of revisiting these incidents when they were properly investigated at the time and we were told that there was no case to answer.
Dr Lewis
Everything I have heard about the conduct of my hon. and gallant Friend, not only in Northern Ireland but in Bosnia and in other dangerous parts of the world, testifies to one single unanimous assessment: that he was an inspiration to the troops he led and that they would follow him anywhere. It is quite right that he has done so much in his time in this House to repay that admiration and to honour the trust that they rightly put in him. What concerns me is that we are not repaying the debt that we owe to servicemen, who in those days were very young who were put in an invidious position in a counter-terrorist environment in circumstances for which they had received no special training.
The Select Committee on Defence has looked into this matter in some depth, and we had an extensive debate on the subject on 25 January in Westminster Hall. I do not propose to rehearse the arguments made there. I just wish to remind the House of something that I have pledged constantly to keep reminding it of—that there will be no end to this process until the Government have the determination to bring in a statute of limitations for all terrorist-related incidents up to and including the date of the Belfast agreement. I have had many conversations with many people about this, including Sinn Féin MPs, who had their own concerns that also have some power and force to them. For them, there is the issue of many unresolved deaths for which inquests have not yet been held.
I believe that there is a basis for a comprehensive solution to that problem. People would be best able to get to the root of what happened to their loved ones if other people, on any side of this multifaceted and horrible conflict, could come forward to explain to the best of their ability what they remember of those circumstances so long ago, without fear of finding themselves in a state of self-incrimination. We have the example of what happened in South Africa and the lesson taught to us by Nelson Mandela.
In the course of the Defence Committee’s inquiry into these matters, we took evidence from eminent professors of law. They said that we could not have a statute of limitations that favours only one side in a conflict, because that could be interpreted as the state legislating for its own impunity, but they emphasised that if we were to combine a statute of limitations with what they call a “truth recovery process” for everybody, that could indeed be entirely legitimate in the face of any form of international legal regime.
The reason for my raising this issue yet again today is my concern about one particular point. The previous Secretary of State for Northern Ireland, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), whom we all welcome back into the Cabinet in another capacity following his successful surgery, initiated a consultation exercise that is supposed to be going ahead. He specifically said that the option of introducing a statute of limitations on the basis I have described would be included in that consultation exercise. I do not expect the Deputy Leader of the House to be able to respond today, but I do expect him to take away my concern about the suggestions that that option may not now be included in the consultation when it eventually happens. That would be a retrograde step.
As we have seen with Brexit, we cannot always have our cake and eat it. Sometimes we have to decide whether we are going to have—in other words, keep—our cake or eat it, and we cannot put off the point of making that direct choice forever. If that is true of Brexit, it is also true of the ongoing problem of the vulnerability of our armed forces to one-sided prosecution. The Government need to grip this matter. They have an opportunity to, and I hope that they will.