Overseas Chinese Police Stations in UK: Legal Status

Debate between Carol Monaghan and Tom Tugendhat

Tuesday 1st November 2022 Commons Chamber

[Tom Tugendhat]

The rights of citizens in this country have been set out in law in various different ways for a little over 800 years. It is absolutely clear who has and who does not have the right to detain any citizen in this country. The law applies equally to all.

[Carol Monaghan (Glasgow North West) (SNP)]

I welcome the Minister to his place. As shocking as it is to hear about these police stations, we are aware that China’s reach goes beyond that. Many Chinese citizens living in our communities are here not permanently but for a short time—I talk in particular about the Chinese student community—and will go back to China. Will he detail the steps that he plans to take to ensure that those Chinese students can enjoy the same freedoms as we do in this country without fear of interference from their own Government?

[Tom Tugendhat]

The hon. Lady is absolutely right to celebrate those Chinese citizens who come here temporarily for study or for other reasons and to highlight that one of the reasons why they come is that our universities across these islands have a long history of academic freedom that allows debate, innovation and challenge that sees ideas flourish and bad ideas fail. It is essential that all students have those rights. That is why the report and assessment will look into how we approach these situations and ensure that all students and citizens, wherever they are from and whatever they are doing, are afforded the same protections, as they should be.

Withdrawal from Afghanistan: Joint Committee

Debate between Carol Monaghan and Tom Tugendhat

Wednesday 15th September 2021 Commons Chamber

[Tom Tugendhat (Tonbridge and Malling) (Con)]

It is a great pleasure to follow several hon. and right hon. Friends. I find myself in the unusual position of disagreeing with the Opposition and agreeing with those on the Government Benches, which, as many Members will know, has a touch of novelty for me. I think I have been doing my best to hold this Government to account on matters of foreign affairs, but Members might feel that I have not been quite as rigorous on this matter as I should have been today. Could I ask you, Mr Deputy Speaker, to check whether the phone signal is working properly in the Chamber? My phone seems remarkably unable to ring.

[Carol Monaghan]

I wonder whether the hon. Gentleman would share his contact list with me, because he seems to be able to contact the Home Secretary directly while many of us cannot. We have similar cases to his, and I congratulate him on having success with his case, but it might be helpful if he could do that.

[Tom Tugendhat]

I would be absolutely delighted to. As many Members of the House will know, I share any Member’s phone number with other Members once I have got their permission to do so, and if the hon. Lady would like to ask me, I would be very happy to do exactly that.

I share much of the criticism that I have heard from various Members about how the relief and evacuation operations have been handled. I have been pretty critical of the ways in which questions have been answered and co-ordination has been conducted. I think I have also been pretty robust in expressing how that should be improved.

Overseas Operations (Service Personnel And Veterans) Bill

Debate between Carol Monaghan and Tom Tugendhat

2nd reading & 2nd reading: House of Commons
Wednesday 23rd September 2020 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP)]

It is a pleasure, as always, to follow the hon. and gallant Member for Beckenham (Bob Stewart), whose hair is looking glorious this afternoon as well. I declare an interest because, as most Members will know, my husband is a veteran. [Interruption.] He is also an Ulsterman: I thank the hon. Member for Strangford (Jim Shannon) for pointing that out.

I must pick the hon. and gallant Member for Beckenham up on one thing. It is not true to say that all members of the armed forces want this Bill, as that is not the case. None of us wants a repeat of the shameful Phil Shiner episode, and no person in this House would disagree that we need protections in place for our personnel and veterans. Unfortunately, however, the Bill is not the vehicle to do that. Our armed forces are the gold standard for militaries around the world and that must include the structures we have in place to deal with behaviour that falls short of our expectations.

Like the right hon. Member for North Durham (Mr Jones), I have submitted a series of written questions to try to get a feel for the scale of this problem. I was hoping for a bit of information, but I have yet to have any answers to these questions. The Minister has not been in touch. Despite what the Secretary of State said— it is a pity he has gone now—about the Library impact assessment having all those numbers in it, it does not. It has numbers relating to part 2 of the Bill, not part 1. It is worrying that we are bringing forward legislation to tackle the industrial scale of vexatious claims, but we cannot get a handle on how many there actually are.

As we know, many conflicts involving our personnel are in parts of the world that are now experiencing a fragile peace. To put in place a statute of limitations on prosecutions assumes that normality and the structures of a democratic society will be promptly established post conflict. This, of course, is not the case. If we are to rely on investigations that have taken place, we must have confidence in those original investigations.

[Tom Tugendhat]

I appreciate the hon. Lady’s point about the confusion of post-conflict societies and therefore about the statute of limitations, but would she not accept that this goes both ways? There is also the difficulty people can have in defending themselves when evidence has been lost, burned or destroyed in exactly those post-conflict societies, and therefore time works both ways on this question. This is essential for the defence in justice, because justice must not only be for the prosecution, but for the defence.

[Carol Monaghan]

There are two things: that is not unique to conflict—that happens in many things—and that is also why the original investigation must be carried out properly. If we want to minimise the opportunities for these vexatious claims, such investigations should be independent. They should be collecting accurate evidence, and without this we really do leave the door open.

If the conduct of our personnel is as we expect, why should anyone fear this transparency? This legislation undermines our international standard the more so because it includes, as Members have already mentioned, unlawful killing and torture. Judge Blackett, the Judge Advocate General of the armed forces, has warned:

“This increases the likelihood of UK service personnel appearing before the ICC in the future.”

Is this what any of us want?

Part 2 of the Bill has not had much mention this afternoon, and it should. It is ironic, when we have the Tory chest-thumping going on about protecting our brave soldiers, that part 2 is actually an attack on these very personnel. It removes many of the rights of those who have been injured through the negligence of the MOD to claim against it. Here is the nub of this Bill: it is about protecting the MOD, not personnel.

In the urgent question on 16 July, the Minister for Defence People and Veterans said:

“I will be honest that I cannot, off the top of my head, think why individuals would be diagnosed and choose not to do anything about it… I have not come across that in all my experience in the field, but I am happy to learn. If that is the case, I am happy to change the Bill”.—[Official Report, 16 July 2020; Vol. 678, c. 1675.]

Well, that is great, because it needs changing. There are many reasons why claims are not brought forward promptly, such as a culture in the military meaning that personnel may be told they cannot pursue a claim while serving or told by their chain of command they do not have a valid claim. If part 2 of the Bill becomes law, those injured through negligence will no longer have the full discretion of the court to allow a claim to proceed after the limitation period has expired.

Student Maintenance Grants

Debate between Carol Monaghan and Tom Tugendhat

Tuesday 19th January 2016 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP)]

Education has been a priority in Scotland for more than 300 years. The established Church in Scotland decided in the mid-16th century to set up a school in every parish to enable children to read the Bible and access its teachings. By the early 18th century, Scottish children led the world in literacy and fuelled the Scottish enlightenment.

That is important because it highlights the differences in how education is viewed across these isles. The focus in Scotland remains the student; there is not only a commitment to the young person’s education but an acknowledgement that that same young person will develop skills through their university career that make them an asset to the country.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Will the hon. Lady give way?

[Carol Monaghan]

No, because I have been urged to be brief.

By contrast, we see from this Tory Government an ideological attack on the most disadvantaged students. While still at school, talented pupils in England have had their education maintenance allowance scrapped, forcing some youngsters to leave before they have reached their potential. In England and Wales, fees of £9,000 a year are being imposed on students, and now grants for the poorest are to be scrapped, with the Chancellor describing them as “unaffordable”. In using such language, does the Chancellor consider those young people to be an asset?

In my previous profession as a secondary school teacher, I often came across extremely able pupils from difficult backgrounds. It was important early in their school career to plant a seed of possible career aspirations, because even with academic success getting them to university was not a certainty. A lot of work had to be done both with the young people and with their parents to encourage that progression.

[Tom Tugendhat]

The hon. Lady speaks with eloquence and knowledge from her great experience in secondary education and I very much welcome her contribution, but I challenge her description of the differences between Scottish and English education. In England, we have seen a greater ability of children from all backgrounds to achieve access to tertiary education. In Scotland, that is increasingly not the case. Does she not agree that one of the Scottish National party’s achievements of the past five years has been a fall, not a rise, in social mobility in tertiary education?

[Carol Monaghan]

Once again, we hear that myth here in this House. There is work to be done on the numbers of young people going directly from school to university; none of us would deny that. However, in Scotland young people have many more pathways to access university. If we look at children coming through further education colleges, we see that the number of young people from disadvantaged backgrounds is significantly higher in Scotland than in the rest of the UK.

May I return to those young people and their parents? Eventually the chat turns to logistics and how they will be able to afford higher education. We have to go into the detail. Parents are usually full of pride—often the child is the first in the family even to think about going to university. Explaining that in Scotland tuition is free makes a huge difference, but the parents still have to weigh things up. They have been expecting a new breadwinner, contributing to the household. They have been expecting their daughter or son’s Saturday job to become their full-time career. Instead, the financial burden on the family stretches on.

Trident

Debate between Carol Monaghan and Tom Tugendhat

Tuesday 24th November 2015 Commons Chamber

[Tom Tugendhat]

Some work has been done on that, but only at a very basic level. The truth is that, when people rightly talk about the cost of defence and the cost of the nuclear deterrent, what they rarely consider is how much the conventional alternative costs. If we truly wish to deter and to persuade an enemy that we will not be steamrollered by their wish or blackmailed by their desires, we need to have a deterrent that allows us not to strike first, but to strike back. No conventional force offers the same pound-for-pound capability as the continuous at-sea nuclear deterrent. Members may not like it, but that is why the nuclear deterrent is the cheapest alternative.

[Carol Monaghan]

The deterrent is not working when Russian submarines in our waters are being spotted not by maritime patrol aircraft or vessels, but by fishing boats. We are now in the ridiculous situation where our deterrent is either to nuke them or to chase them away with bayonets.

[Tom Tugendhat]

The hon. Lady makes an entertaining but factually unsound point. Our capabilities are to chase them away with our hunter-killer submarines and the Royal Navy’s patrol vessels, and that is exactly what they are doing. Most important, when we see those Russian submarines coming towards us, we do not immediately think, “Let’s bow to Mr Putin’s latest desires and hobble ourselves to the Kremlin’s wishes.” Instead, we think, “They won’t dare, because they know we can.” That is what grants us the independence of action and guarantees us the independence of movement that we require as an active supporter of human rights and of the dignity of humanity in this world.