Deregulation Bill
Debate between Chris Bryant and Tom Brake(9 years, 8 months ago)
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Tom Brake
I want briefly to outline why the Government have introduced amendments in lieu of Lords amendment 38.
A television licence is required to watch all live or nearly live broadcast television content on any device in the UK. People should not seek to evade this and there needs to be an effective enforcement regime for the failure to have a TV licence.
Clause 76 imposes a duty on the Secretary of State to ensure that a review of the TV licensing enforcement regime is carried out. This review will identify whether the current enforcement regime is appropriate and proportionate, and will ensure that there is a strong, evidence-based case for any changes to the TV licence enforcement regime. This matters a great deal to many people.
The Government are very clear that the review of the licensing enforcement regime is a high priority. The decision was taken to commence this review in advance of Royal Assent, while retaining the clause that commits the Government to carry out the review to ensure that this important piece of work is completed. The review is being led, independently, by David Perry QC. The findings of the review, which will complete by the end of June 2015, will be laid in both Houses of Parliament and be presented to the BBC Trust.
The proposed further amendment requires the Secretary of State within three months of the review reporting to set out whether the Government intend to decriminalise or not, and commits the Government to indicate clearly the timetable they plan to follow upon the completion of the Perry review. Our overriding aim is to ensure that the system is appropriate, proportionate and fair, and represents the best value.
This amendment places a firm commitment on the Government of the day to promptly and properly consider the report and set out their response and the timetable of steps to be taken, within three months of the report’s completion. Clause 77 confers a new power on the Secretary of State, via secondary legislation, to change the sanctions that apply to the failure to have a TV licence. We have always maintained that the report’s findings, and potential next steps, should be considered in the context of charter review. This position has not changed.
The BBC’s current charter expires on 31 December 2016. The Government will not begin charter review until after the election and there is no set process for how the review of the charter should be conducted, or when. It will be for the Government of the day to take forward any further actions as they see fit.
We must not make presumptions about the recommendations that Mr Perry will make, nor about how the Government will decide to take them forward, particularly as the public consultation element of this work is ongoing. Clearly, any changes will require serious consideration in the broader context of the charter review process, and it will be for the next Government to ensure that the right enforcement regime for licence fee payers, the courts and indeed the BBC itself is in place.
Our amendment ensures that the next Government will be ready and able to implement whatever recommendations David Perry, QC wishes to make, when the Secretary of State’s regulation-making power commences in April 2017. There was significant cross-party support for the TV licensing clauses during our earlier consideration of this Bill in this House. The firm commitments set out by the Government at that time must be honoured, particularly given that strong, cross-party support. Our amendments ensure that David Perry’s review will be promptly considered by the Government of the day, and that any potential changes are introduced to a clear timetable, leading up to 1 April 2017. For all the reasons I have outlined, I ask hon. Members to disagree with the Lords amendment and support our amendments in lieu.
Chris Bryant (Rhondda) (Lab)
Anybody would think, from the way the Minister just presented his case, that this has been a smooth path and everything the Government intended from the very beginning. But there was only an amendment relating to the licence fee at all because of a Government Back-Bencher, the hon. Member for North West Leicestershire (Andrew Bridgen)—who may be able to catch your eye a little later, Madam Deputy Speaker—and we have a change only because in the Lords the Government’s position was overturned by three votes. I am, of course, proud that we now have a far more sensible set of propositions before us. I admit that the Liberal Democrat heart that is still beating within the Minister is probably on our side in this argument, but he might at least have shown that that heart still beats, rather than just deliver what his paymasters in the Conservative party have told him to deliver.
The truth is that Labour Members support the BBC licence fee for the foreseeable future, not out of ideological passion but simply because it has worked and because the vast majority of people in this country support it. Everybody comes up with other ideas; every Select Committee that has ever examined this issue has set out this, that and the other idea for us to consider, but at the end has said that the least worst option is the licence fee. Broadly speaking, that is what the Select Committee on Culture, Media and Sport decided in its report a couple of weeks ago.
Oral Answers to Questions
Debate between Chris Bryant and Tom Brake(10 years, 6 months ago)
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Tom Brake
I agree that if an answer to a parliamentary question refers to information being deposited in the Library, that should happen in a timely manner. I would be happy to remind Departments of the requirements and to take up any cases on behalf of the hon. Gentleman, should he wish to give me the details. We tried to identify the question to which he was referring. If he provides that information, we will follow it up.
Chris Bryant (Rhondda) (Lab)
Much as I hate agreeing with the hon. Member for Shipley (Philip Davies), he is absolutely right on this occasion. The worst of it is that the Leader of the House is about—I have a sneaking suspicion—to let all Ministers off the hook, because the moment he prorogues early, all the questions lapse and no Minister has to do anything. I urge him not to prorogue until the day before the Queen’s Speech, so that Ministers have plenty of time to get all their answers in order.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Chris Bryant and Tom Brake(11 years, 2 months ago)
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Chris Bryant
Absolutely. Indeed, let us get it all out in the open: I used to be a lobbyist. I used to lobby for the BBC in Brussels. All right, the Daily Mail hates me. That is just about every bad thing knocked into one. However, I believed that the work that I was doing had to be done openly, transparently and publicly, and I was entirely happy about that. The European Parliament has a register, everything must be declared openly, and it is all above board. I wish that we had the same arrangement here.
In recent years I have worked with the UK Public Affairs Council, which now produces a voluntary register. It is online, and it is pretty good. It is possible to detect a fair amount of the lobbying that is going on, and to detect who represent what clients and so on. I fear that if the Bill is passed, it will not be in the interests of the vast majority of the people who are currently signed up to an online voluntary register. The Bill means that they will not have to register, and it will not be in their interests to go the extra mile and sign up to the voluntary register, so we shall end up with less transparency rather than more.
Chris Bryant
I am happy to give way to the Minister if he can assure me—he need only nod—that he will tell me how many organisations will be caught by the Bill. I have not seen him nod yet. I will not give way to him until I see a nod.
Tom Brake
I assure the hon. Gentleman that the Parliamentary Secretary, Cabinet Office, my hon. Friend the. Member for Norwich North (Miss Smith), will respond to him on that point. [Interruption.] However, I wanted him to explain why he felt that organisations that are currently on a voluntary register—there is no requirement for them to be on it—would automatically choose to cease to be on that register. Many consider that being on it is to their commercial advantage, because it is a unique selling point when it comes to working with their clients.
Chris Bryant
We now know that a Liberal Democrat nod really means a shake of the head. The right hon. Gentleman said that he was going to tell us how many organisations would be caught by the Bill, but now he says that the other Minister will answer my question. My hon. Friend the Member for Newport West referred to albatrosses earlier. As I recall, in Coleridge’s poem “The Rime of the Ancient Mariner” the mariner shoots the albatross, which then hung around the mariner’s neck until all the people involved on the ship had died. I fear for the Parliamentary Secretary. I fear that, charming and wonderful as she is, this Bill will be hanging around her neck, and the necks of several other Members, until they have all passed on, politically at least.
Let me say this to the Minister. The reason many people will choose to opt out of the voluntary register on which they are listed at present is that there will now suddenly be a mandatory register to which only a tiny proportion of people will be required to sign up. Until the Government are prepared to say what proportion—
Chris Bryant
Right—that is the second nod. I can tell the Minister that the voters will not be prepared to accept three nods and still get a shake of the head from the Liberal Democrats. I hope that this is a real nod.
Tom Brake
I can tell the hon. Gentleman the answer to his earlier question: 350 organisations will be covered. However, he has still not responded to my question. Will he explain why organisations that are currently on a voluntary register should decide to remove their names from it. What advantage would they gain?
Chris Bryant
It is not a question of the advantage that they would gain; it is a question of the disadvantage of being on the voluntary register. If the Government are to introduce one mandatory register, saying that it is all that is required by public society, of course such organisations will make that decision.
Chris Bryant
My hon. Friend expresses far better than I could exactly what I was trying to say earlier, and she is absolutely right.
Let us consider how two areas would be affected by the Bill and the proposed amendments. The first of them is the introduction of droit de suite. When the European Union insisted that every country in Europe had to have an artists’ resale right, the Government at the time—a Labour Government—were wholeheartedly opposed. However, some members of the Culture, Media and Sport Committee were wholeheartedly in favour and wanted to persuade the Government to take a different course of action, which we thought was going to be inevitable anyway.
At the time the Design and Artists Copyright Society, the body that administers copyright for artists, was lobbying very hard to have droit de suite introduced in the UK, and on a generous basis—more generous than that originally intended by the UK. So far as I am aware, it never lobbied the permanent secretary, but it certainly lobbied all the Culture, Media and Sport Committee members and a lot of junior DCMS and Treasury officials, and in the end it won its case. It would not be caught by this Bill, however, because its primary purpose is not to lobby, but to administer a system of collecting rates for artists. My argument is that that is wholly inappropriate. The body that was opposed to the introduction of such a right was the body that represents all the art houses and art galleries. It, too, would not be covered by this Bill, but I think it should be.
Communications with Members of Parliament should be included, as the new clause of the hon. Member for St Albans (Mrs Main) would allow, just as much as communications with Ministers or anybody else should, because knowing who is trying to influence proposed legislation, and who tables amendments and who does not table amendments and so on, is a vital part of knowing what is going on in the lobbying business.
Let us consider, too, recent events in the newspaper industry. I think all Members would agree that it has been ferociously lobbying for quite some time, sometimes through direct means and sometimes through indirect means. The chairman of the Press Complaints Commission is Lord Hunt. I am not sure whether he is still the chairman, but he is a Member of the other House. I am not sure whether he would be included in this legislation by virtue of being a Member of the other House, but he has certainly been lobbying on behalf of a whole set of other newspaper agencies, and he is paid to do so. The Government may say, “Yes, he probably would be included, as that is consultant lobbying.”
Chris Bryant
The Minister is nodding, so Lord Hunt would be included, but what about Peter Wright? He is the former editor of The Mail on Sunday, but he is now working solely on lobbying on this business on behalf not just of The Mail on Sunday, but other newspapers, too. Would he also be included? I do not think so, as he is a full-time employee of what was Associated Newspapers.
What about Lord Black of Brentwood? He is an executive director of the Telegraph Media Group. He has tabled amendments in the House of Lords and visited Ministers and so forth. He has been lobbying ferociously as well. Would he be included by virtue of the Government’s legislation? I suspect not, but I think most people in the country would think that that kind of activity should be publicly available so that we can all know the basis on which Ministers are making decisions.
Parliamentary Language
Debate between Chris Bryant and Tom Brake(12 years, 1 month ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Deputy Leader of the House of Commons (Tom Brake)
It is a pleasure to serve under your chairmanship, Mrs Riordan. I congratulate the hon. Member for Rhondda (Chris Bryant), who is a former Deputy Leader of the House, on securing the debate. He has set out his detailed historical knowledge of parliamentary procedure and his long-standing interest in the matter. He highlighted some of the discrepancies that can be identified in “Erskine May”, and has entertained us with stories of how Parliament used to be. He presented an image that resembled a fight club, but with occasional use of parliamentary procedural language.
It is a great pleasure to respond to the debate, particularly as the Government have no direct responsibility for parliamentary language. As the hon. Gentleman knows, the language used in Parliament is a matter for Parliament itself, and in this House it is the Chair rather than the Government who has responsibility for ensuring that what is said is in accordance with the rules and conventions of the House. We all rightly respect the Chair, and in responding to the debate I certainly will not be suggesting to you, Mrs Riordan, nor to the Speaker or his Deputies, how they should apply the rules of the House.
Having absolved myself of any responsibility for parliamentary language, I am happy to address the points raised by the hon. Gentleman. It is right that we conduct debates in the House in a courteous and reasonable manner. Although we may profoundly disagree with one another, resorting to personal insult and abuse would demean the institution of Parliament and its Members. “Erskine May” states that
“good temper and moderation are the characteristics of parliamentary language.”
There may be times when those characteristics are not as in evidence as they might be, but we rely on the wisdom and authority of the Chair to set the limits.
Being too prescriptive about terms that are and are not parliamentary is easy. Much depends on the context in which they are used. As the hon. Gentleman may know, pre-1983 editions of “Erskine May” contained lists of terms that had been ruled unparliamentary. The disadvantage, of course, is that unparliamentary use is often more to do with context or the tone with which something is said. Simply having a list is no guarantee against parliamentary abuse by Members.
We have all experienced this, me included: I thought that my language was in good temper and moderation as I introduced a ten-minute rule Bill on freedom of information, during which I did not accuse individual Members, but accused some of perhaps duplicitous behaviour in relation to expenses and a particular Bill, but I was slapped down because my language was deemed bad-tempered and immoderate. I felt that, in those circumstances, the language that I used was appropriate. To codify such things is extremely difficult, as they are not always black and white, which is why it is better for the Chair to judge the factors on a case-by-case basis.
I think that most Members would not want us to go down the Australian route, where a much more colourful turn of phrase is permitted. The terms of endearment that Paul Keating used towards John Howard include “desiccated coconut,” “mangy maggot,” and much worse. I hope most Members would agree that that is not the route we should go down.
The hon. Gentleman referred to arcane language. I understand his point. He said that the arcane language we use is often unnecessary or old-fashioned, but addressing other Members through the Chair provides some distance and perhaps reduces the antagonism that might be felt and, therefore, slightly lowers the temperature of debates, which should be welcomed.
Chris Bryant
I could talk through the Chair but, none the less, refer to Tom Brake, rather than the right hon. Member for whatever constituency he represents.
Tom Brake
Indeed, the hon. Gentleman could. My point is that, by talking through the Chair and referring to other Members as right hon. Gentlemen or right hon. Ladies, we are providing some distance and reducing the temperature, which, except for some rather bad-tempered debates, ensures that good-tempered and moderate language is used in the House.
People might feel that some of the terminology that we use—Adjournment debates, early-day motions, substantive motions and Divisions—do not help the public to engage, but others would argue that at least some members of the public appear to have little difficulty in following parliamentary proceedings on the Parliament channel. They seem to cope with some of that language. Of course, there have been some incremental reforms: we do not refer to the Public Gallery as the Strangers Gallery any more. The hon. Member for Broxbourne (Mr Walker), the new Chair of the Procedure Committee, might have views on such matters and want to consider the question of archaic language.
One point on which the hon. Member for Rhondda was perhaps not entirely correct is that, in this House, we may refer to members of the royal family, the Speaker, members of other Parliaments and judges, provided that there is a substantive motion for the House to debate. In such circumstances, it is perfectly legitimate to debate members of the royal family or other categories, such as senior judges. Again, the fact that that is done through a substantive motion ensures that, for instance, the courts are treated with the respect they should and that there is a strong relationship of trust and respect between the courts and the House.
Chris Bryant
If, for instance, a member of the royal family is appointed by UK Trade and Investment to adopt an ambassadorial role on behalf of the country and the Government, is it not perfectly appropriate that Members of Parliament should be able to ask questions about the expenditure on their flights, how much it costs for them to travel, whether they have been doing a good job and whether, frankly, they have been a complete and utter embarrassment to the country?
Tom Brake
A debate on the hon. Gentleman’s specific points might be possible through a substantive motion, and I will write to him to clarify that.
Finally, time does not allow me to rehearse the 13 June debate on the then Secretary of State for Culture, Media and Sport, but that debate made something clear: when a serious allegation is made against a Member and provided there is a substantive motion, it is perfectly in order for that debate to take place and for matters contained in the substantive motion to be raised. The only caveat is that there is still a need to maintain good-tempered and moderate language in that debate, so that the genuine, substantive issues contained in the motion can be debated appropriately.
I thank the hon. Gentleman for raising the matter. I have noted his concerns and will ensure that they are drawn to the attention of, for instance, the new Chair of the Procedure Committee. He raised the specific point about Ministers ensuring that statements are received within 45 minutes, which I will ensure is taken up with Departments.
Oral Answers to Questions
Debate between Chris Bryant and Tom Brake(12 years, 2 months ago)
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Tom Brake
It is worth pointing out that over the recent period there have been 32 statements by the Prime Minister. We are making more statements per day than under the previous Government. I agree, however, that it would be a good idea to allow Westminster Hall to be used for oral statements, and the Leader of the House has expressed support for that.
Chris Bryant (Rhondda) (Lab)
In which case why, at 10 o’clock today, did the Minister for Universities and Science make an announcement on changing the immigration policy at a conference a long way from here?
Immigration
Debate between Chris Bryant and Tom Brake(12 years, 11 months ago)
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Tom Brake (Carshalton and Wallington) (LD)
It is a pleasure to follow the hon. Member for Boston and Skegness (Mark Simmonds). He was perfectly right to draw attention to the time lag and the failure of funding formulae to adjust to cope with a different local demographic locally—a point that both our parties used to raise in opposition, and rightly so.
I do not want to prolong the debate about schools—the hon. Member for Canterbury (Mr Brazier) has just left the Chamber—but I benefited from an education in a French state school, where half the pupils spoke a foreign language, so I think that it is not the number of children with a mother tongue, per se, but the level of investment that is relevant.
I welcome today’s debate. The Liberal Democrats have not been scared of debating immigration. In the past, that has perhaps worked to our disadvantage and it might have been advantageous had we not debated the matter quite so openly. A number of Members highlighted the fact that the mainstream parties’ failure to be willing to debate such matters created a vacuum that others occupied. We are collectively reclaiming that ground and enabling measured debates to take place.
I shall not criticise Labour Members as I know that there are many demands on their time, but I am a little surprised by the rather sparse attendance on the Opposition Benches for this critical debate.
Tom Brake
I am not going to prolong the debate that I am having with the hon. Gentleman from his sedentary position—he can calculate the percentages in respect of the parties represented here tonight.
I welcome the fact that almost the Minister’s first words pointed out the benefits that immigrants bring to this country, as in a measured debate the benefits and disbenefits of immigration are discussed. I welcome the action the coalition Government have taken to close down some of the illegal routes used to get into the UK jobs market, especially the action taken to speed up the asylum process. It works to everybody’s advantage, including asylum seekers here, if that process deals with cases rapidly rather than allowing things to drag on for years. At the risk of offending my coalition partners, I must point out that that issue was not particularly linked to the previous Labour Government and that, historically, there have been issues with addressing asylum claims swiftly. Soon after I was elected in 1997—other Members who were elected at that time will remember this—I found that I was hearing about cases that had been under review for a number of years. I am pleased that we are now on top of that process.
I do not want to make general points about immigration, but I have a couple of specific points. Appropriately, the Minister mentioned the Lille issue and the attempts to enter the UK without the appropriate documentation. I hope that the Government have looked at whether other routes are being used in that way and whether, as new transport links are set up, other routes might suffer from that problem. I hope that we are addressing that issue.
The Minister pointed out that the coalition Government have dealt significantly with a blot on Labour’s record—the number of children being detained. We have largely addressed the detention of children pre-departure, but there might still be an issue with reducing the number of children detained on entry to the UK and the length of time for which they are detained. Some organisations have suggested that there should be no detention of children on entry, but that would mean operating an open border policy, which the Government, rightly, are not doing. If that policy were adopted, it might lead to children being trafficked here by people who were not their parents. The Government should aim to minimise the number of children detained on arrival in the UK who have to be returned.
The biggest challenge for the Government is, perhaps, that of overstayers and people who are already here illegally. The Minister has set out a number of measures that the Government are taking in that respect. There is still a major issue regarding the number of employers being prosecuted. As long as employers are willing to employ people illegally, that will act as a magnet, so any other activities that the Government can undertake in that area would be very welcome.
The hon. Member for Boston and Skegness said that we need a flexible system of immigration to ensure that we have the skills we need coming into the UK. The Minister might be aware of some recent research by the London chamber of commerce and industry, which found that nearly a quarter of the companies that responded to the survey had looked outside the EU for staff because they believed that employing a non-EU migrant would help them to grow into markets beyond the EU. It will be to the advantage of the UK and our export-led recovery if, on occasion, we allow people with appropriate skills from non-EU countries to enter the UK jobs market.
The Government are looking at safeguards for overseas domestic workers. Members might be aware that it is often very difficult for domestic workers who are brought here and, in different ways, abused by an employer to get out of what sometimes amounts to unpaid servitude. I welcome the fact that the Government are looking at this, and I hope that we will be given some information tonight or later about the safeguards that the Government are looking at introducing for overseas domestic workers who experience abuse from their employer.
Chris Bryant
There are two suggestions on the table: that the visa should be completely abolished, and that an employee would be tied to the employer who brought them in and would not be able to change employer. Surely the second of those suggestions would make it more likely that people would be caught in servitude.
Tom Brake
I thank the hon. Gentleman for his pertinent intervention. The Government need to explain what safeguards will be in place for a worker who comes here, is linked to one employer and has no alternative but to work for them.
We need an immigration system that is flexible, fair and secure, and the coalition Government are moving swiftly in that direction. Our ability to sell to the wider population the benefits of immigration that is helpful to the UK depends on the coalition Government being able to demonstrate that we, and not the people traffickers, are deciding who comes to the United Kingdom.
Legal Aid, Sentencing and Punishment of Offenders Bill
Debate between Chris Bryant and Tom Brake(13 years ago)
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Chris Bryant
One of the most important things that the House can ever afford to the citizens of this country is equal and fair access to justice. Notwithstanding the remarks of the Lord Chancellor, I believe that the Bill will make it more difficult for my constituents to have access to justice.
Chris Bryant
I will not, if the right hon. Gentleman does not mind.
I shall not go into the issue of legal aid, but I want to speak briefly about conditional fee agreements. The Lord Chancellor was absolutely right to say that it was a Conservative Government who introduced them, and they were right to do so. In privacy and defamation cases, the awards are for the most part very small. In privacy cases, they are universally small. No privacy case has ever involved an award of more than £60,000, yet such cases cost many hundreds of thousands of pounds to take to court. Similarly, the vast majority of awards in defamation cases come in at less than £50,000. A few get up to £100,000, and of course prominence is given in the press to the much bigger ones.
I am sure that it is not the Lord Chancellor’s intention, but the danger in the Government’s proposals is that lawyers will simply not be able to take on such cases. Yes, they might take on cases such as the Dowlers or Christopher Jefferies, because they are open and shut cases, but in the vast majority of the cases relating to phone hacking, people are already terrified of taking an action because they do not want to have to go through the whole business of having their privacy re-explored by the national newspapers and in court. Those people will have no opportunity in the future. I should tell the House that I myself have used a conditional fee agreement, and that if it were not for lawyers being prepared to act on that basis, there is no way that the whole phone hacking scandal would have been exposed.
Question put, That the Bill be now read a Third time.
Protection of Freedoms Bill
Debate between Chris Bryant and Tom Brake(13 years, 1 month ago)
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Chris Bryant
I think that “I told you so” came at the beginning of my hon. Friend’s comments. Quite often he does turn out to be more correct than me, but there we go—that’s life.
I can imagine a point where we are nine days into somebody’s detention and then the Government realise that they need their emergency legislation. They would not be able to start that process until the 11th day, and then they would suddenly be saying, “Right, we’ve got to put it all through this House and the other House in one day.” That leads to very dangerous decision making, and it is a bad route to go down. It would be a mistake for us to decide in principle that that is what we want to do in some given circumstance. That is why I prefer the route advanced by my right hon. Friends the Members for Cardiff South and Penarth and for Wythenshawe and Sale East (Paul Goggins), the right hon. and learned Member for North East Fife (Sir Menzies Campbell), the right hon. Member for East Yorkshire (Mr Knight), and the hon. Member for Poole (Mr Syms) and for Banbury (Tony Baldry). Having said that, we still need to resolve some of the issues about the level of corralling needed to ensure that the power is not used gratuitously, that the Secretary of State is not able to proceed unhindered, and so on.
Tom Brake (Carshalton and Wallington) (LD)
Has the hon. Gentleman already thought through what some of the safeguards should be to ensure that the Secretary of State does not use the provision as an administrative facility to progress from 14 to 28 days?
Chris Bryant
New clause 14 makes clear some of the specifics involved. If the Government have things they think should be additional, that debate needs to be had. I suspect that this will not be the end of the matter in this House and that their lordships will want to look very closely at whether there is a better route to achieve the same end.
Nobody is trying to end up in a different place in this regard, but the process of emergency legislation that the Government are using is a mistake. In essence, they have already accepted the principle that there should, in exceptional circumstances, be an additional power. They have accepted that in relation to Dissolution and effectively said that it should be present at other times. The issue is simply about how we make sure that the Secretary of State, if he or she were to have that power, would then be circumscribed by Parliament and by other bodies. Undoubtedly, High Court judges and the Director of Public Prosecutions make decisions that do not allow the Secretary of State to act gratuitously. However, we prefer the route that new clause 14 lays out, and I hope that the Government will think again. I do not expect that we will want to divide the House on this matter, but I hope that their lordships will look at it again.
Voting by Prisoners
Debate between Chris Bryant and Tom Brake(13 years, 9 months ago)
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Chris Bryant (Rhondda) (Lab)
It is a delight to follow the Attorney-General, who puts me in mind of Peter the Great when he visited Britain and our Parliament. He commented to our monarch that there were an awful lot of lawyers in Parliament and that, so far as he was aware, there were only two lawyers in his kingdom, one of whom he was going to execute on his return.
I have three opening points. First, I believe that when someone breaks the law so seriously that the courts send them to prison, they should also be deprived of the right to vote. That is why it has never been Labour policy to give prisoners the vote and why we vigorously contested the Hirst case.
Tom Brake (Carshalton and Wallington) (LD)
Will the hon. Gentleman give way?
Chris Bryant
If the hon. Gentleman will forgive me, I would like to make a bit of progress and give way later.
Secondly, it is not the role of the European Court of Human Rights to legislate on who gets to vote in the UK. As the President of the Court and others argued in their dissenting opinion on Hirst,
“it is essential to bear in mind that the Court is not a legislator and should be careful not to assume legislative functions.”
That is why we argued in the Grand Chamber that the Court was acting ultra vires and why we believe it is for Parliament—and Parliament alone—to legislate on this for the UK.
Thirdly, the Government’s proposals that prisoners sentenced to custodial sentences of less than four years should retain the vote—if indeed they still are their proposals; they might not be, given what we have just heard—are far too generous and will not be acceptable to the vast majority of the British public. That is not to say that prisoners should be deprived of all their rights. Of course not—prisoners are humans. Torture and degrading treatment are repugnant. We abhor it when prisoners are treated as less than human in jails in Latin America, in Turkey or in Russia. In depriving someone of their liberty, however, the state should be able to decide that someone has also forfeited other freedoms. Prisoners retain a right to family life, as the European Court of Human Rights has rightly adjudged, but while in prison they cannot pick their children up from school or kiss them goodnight. They retain the right to freedom of expression and, for that matter, freedom of religion, but, by definition, they lose the right to freedom of assembly.
Chris Bryant
It is certainly not my agenda, and I hope that I shall be able to please my hon. Friend with some of the things that I am going to say. I would add, however, that politicians engage in pick and mix sometimes—indeed, virtually every day of their lives.
Chris Bryant
No, and, if the hon. Gentleman does not mind my saying so, I think that that was a rather fatuous contribution.
I know that many of my close friends disagree with me on this issue—indeed, the Archbishop of Canterbury and the former Bishop of Worcester, both of whom were my spiritual directors, disagree with me—but I reiterate that I think it perfectly reasonable that if a person puts himself outside the law, he should lose his vote when he loses his liberty. I will not, however, be joining any wholesale attack on the European Court of Human Rights. I lived in Spain under Franco, and I saw friends of mine tortured in Chile under Pinochet without the benefit of any court to stand up for their human rights.
The Court has been a vital part of the infrastructure of freedom in Europe since its inception. When David Maxwell Fyfe, later a Conservative Home Secretary and Lord Chancellor, advocated its creation and drafted the original convention for the protection of human rights and fundamental freedoms, he rightly saw the Court, and the Council of Europe, as a bulwark against both the atrocities of the Nazi and fascist regimes of the 1930s and the brutality of the communist thugs who ruled eastern Europe.
It is true that Maxwell Fyfe was no human rights saint—he made sure that Derek Bentley hanged, and waged a ferocious anti-homosexual campaign throughout his time as Home Secretary—but Britain’s instincts in seeking a European structure for freedom and signing up to the European convention on human rights were right, and are still right.