Oral Answers to Questions
Chris Stephens Excerpts(1 month ago)
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Chris Stephens (Glasgow South West) (SNP)
Perhaps the Minister can answer this question. The Bar Council has repeatedly highlighted the fact that asylum claimants who have otherwise meritorious cases have often gone through multiple appeals due to very poor or no legal representation. That jacks up the costs for the courts, the Home Office and local authorities, all the while trapping vulnerable people in an agonising limbo. If the Government will not address the crisis in immigration legal aid because it is the right thing to do, will they at least do so because it is the financially sound thing to do?
Mike Freer
As I have said, we are already increasing the fees for those who take on legal aid work in connection with the Illegal Migration Act 2023. That is a 15% increase on the increase that we have already seen. On top of that, we are rolling out remote access to the duty advice scheme and introducing payment for travel. Those are major steps towards ensuring the availability of legal aid. I therefore do not accept the hon. Gentleman’s description of the position. If he wants to start swapping comments from the Bar Council, I can quote the Scottish Bar Council’s views on the SNP’s record.
Chris Stephens (Glasgow South West) (SNP)
The Government’s plans to introduce employment tribunal fees suggest that users should pay towards running costs, implying that only those using the system benefit from it. However, Resolution Foundation research shows that tribunals are heavily relied upon to enforce workers’ rights for all. Does the Justice Secretary not appreciate that any action to deter lower-paid workers from bringing forward cases will be to the detriment of the system as a whole?
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
We do not believe that a £55 claim issue fee will be a deterrent. The tribunal system costs the taxpayer £80 million a year, and we do not think it is unreasonable that those who use it should pay a small contribution. To answer the question, we do not think it is a deterrent.
Oral Answers to Questions
Chris Stephens Excerpts(2 months ago)
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Chris Stephens (Glasgow South West) (SNP)
Whistleblowers have come forward to provide information that Fujitsu was given an additional contract by the Post Office in 2013 to re-platform transaction data that was previously held on an external storage system that was considered to be the gold standard. It was replaced by a system that made it virtually impossible to investigate financial transactions in a forensic audit. Does the Justice Secretary share our concern that this decision effectively destroyed evidence, preventing exactly the sort of audit trail that would exonerate those sub-postmasters who were convicted?
Alex Chalk
The Department for Business and Trade is better placed to answer those specific points, but I would say two things. First, as a matter of sacred principle, if material comes into a prosecutor’s possession that might be considered capable of undermining the case of the prosecution, that material should be disclosed to the defence. That is one of the things that has been considered by Sir Wyn Williams’s inquiry. What did the Post Office know, when did it know it, and what did it do with the material before it? Across the House, we want to get to the bottom of those questions.
Chris Stephens (Glasgow South West) (SNP)
Unison, of which I am a proud member, has criticised Government plans to reintroduce employment tribunal fees, on the grounds that the
“only people who would benefit from their reintroduction are unscrupulous bosses”.
The Resolution Foundation has found that the lowest-paid workers were least likely to bring a claim, so how can the Justice Secretary defend plans to reintroduce employment tribunal fees, which will disproportionately affect those on low wages and present an obstacle to justice for those who need it most?
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
The £55 claim issue fee is modest, and this is completely different from the previous fee scheme, so I simply do not accept the hon. Gentleman’s characterisation. I am quite happy to defend that small, reasonable fee as necessary to help defray the costs of our system.
Draft Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023
Chris Stephens Excerpts(3 months, 1 week ago)
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Chris Stephens (Glasgow South West) (SNP)
It is a pleasure to see you in the Chair, Ms Elliott. As you are aware, I have an extensive trade union background—in fact, I remember we both served on the Committee considering the Bill that became the Trade Union Act 2016. The Minister is always talking me into seeking a Division, and his answers will determine whether I do so today.
As the Minister outlined, there are some concerns about judge-only panels and removing lay members from particular types of case. Does he envisage discrimination or whistleblowing cases, for example, being heard by a judge alone? There would be real concern if lay members were not part of the process, because the lay members have the specialist knowledge of workplace realities needed to determine what has actually happened in such cases. Another worrying example is cases involving illegal deduction of wages. There have already been moves to make such cases judge-only and short-tracked, and there is a dangerous precedent for cases of unfair dismissal.
I hope the Minister answers those questions, because I share the very real concerns the trade union movement expressed in their consultation response about the approach the Government are taking, which may lead to more unfairness in the system.
Mike Freer
Without prejudging what the Senior President will announce, I expect that where lay members have expertise to give, particularly on trade union membership or non-membership, they will continue to be used because they add value. If the case is about a narrow point of law, where legal training is needed, that is what I expect the judge to focus on.
If the proposals brought forward are unsatisfactory, the Lord Chancellor has the right to “undelegate” the powers. We think this is the right thing to do, because it allows flexibility. Also trying to put multi-member panels together can be resource intensive and time consuming, and sometimes the lay members do not have a particular skill to add. The instrument offers more flexibility and more speed.
Perhaps I can reassure the hon. Member for Glasgow South West by saying that at some point this will be a devolved matter. The Ministry of Justice and the Scottish Government have almost concluded discussions on how to devolve the powers, so any concerns can be addressed locally.
Chris Stephens
I thank the Minister for that reply. He mentioned that after the Senior President has reached a decision, the Lord Chancellor has the right to unpick it, but what mechanisms are there to report back to Parliament? Would there be a statement in the House, so that if we had concerns about the Senior President’s decision making, we could raise them in the House?
Mike Freer
The delegation of any powers by the Lord Chancellor can be reversed. That is the nuclear option. If Members have concerns about what the Senior President is proposing, let me give some thought to the best mechanism for giving voice to those concerns—whether we come back to debate the matter, or use some other mechanism. That is a perfectly legitimate ask, but let me give some thought to the matter. I am more than happy to have a private conversation with the hon. Gentleman. I will, if Members are happy for me to do so, write to the members of the Committee setting out what I think is the best way to ensure that concerns about the detailed proposals are discussed and addressed.
Question put and agreed to.
Oral Answers to Questions
Chris Stephens Excerpts(3 months, 2 weeks ago)
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Chris Stephens (Glasgow South West) (SNP)
May I take the Justice Secretary back to his interesting observations on the Rwanda Bill? He has said that the whole debate around the ECHR
“has been tainted by a misunderstanding of what the actual rights are, as though they are a foreign import that do not reflect some of the cultural norms in our country…nothing could be further from the truth.”—[Official Report, 13 February 2019; Vol. 654, c. 376WH.]
When it comes to the Rwanda Bill, why is he failing to uphold the ECHR and the Human Rights Act, which embody so many of the legal principles that the people of these islands hold so dear?
Alex Chalk
Respectfully, I completely reject that characterisation. We are remaining within the four corners of our international legal obligations. Our legislation is novel and contentious, but it remains within the four corners of our international legal obligations and delivers on the proper, insistent requirements of the British people, which are that we protect our borders and ensure fairness for all—for not only the British people, but those who have played by the rules and done the right thing when they have come to the UK. They will always have a warm welcome in our country. Those who act illegally can expect short shrift.
Chris Stephens
Of course, the Government state on the front page of the Rwanda Bill that they cannot guarantee that it complies with the ECHR, as the Justice Secretary well knows. The Bill also makes direct intrusions into devolved areas, because human rights are devolved to the Scottish Parliament. So will he confirm that a legislative consent motion will be sought from the Scottish Parliament on the safety of Rwanda?
Alex Chalk
The first point the hon. Gentleman was referring to is about the section 19(1)(b) statement, and such statements are not unusual—the much-missed Tessa Jowell took one through in the Bill that became the Communications Act 2003. There is nothing unusual about this, which is precisely why this provision was put in the Human Rights Act 1998. As for further LCMs, we will of course proceed in the normal way, and I will give that matter further consideration.
Draft Judicial Pensions (Remediable Service etc.) (Amendment) Regulations 2023
Chris Stephens Excerpts(4 months, 2 weeks ago)
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Chris Stephens (Glasgow South West) (SNP)
You will be pleased to know that I have only a couple of quick points to make, Sir Edward. Obviously, this goes back to the McCloud judgment, as the Minister said. I am curious, because as is referred to in the explanatory notes—I am sure that the Minister referred to this—other public sector employees are involved. Can he say a bit more about what the cross-departmental approach is? Can he also confirm an assessment has been made under the Equality Act 2010? Will he ensure that there is an equality impact assessment of the regulations?
Hillsborough: Bishop James Jones Report
Chris Stephens Excerpts(4 months, 3 weeks ago)
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Alex Chalk
As always, my right hon. Friend gets to the heart of the matter. The critical and most important point in the charter is No. 2:
“Place the public interest above our own reputations.”
As my right hon. Friend has said, those are words; she has asked how they will be woven into the culture. One powerful example is that today, the code of practice for ethical policing is being published. That code states in paragraph 4.5 on page 7, under the chapter heading “Ensuring openness and candour”, that
“Chief officers have a duty to ensure openness and candour within their force, which will include the following. Implementing the Charter for Families Bereaved through Public Tragedy (see Hillsborough stadium disaster: lessons that must be learnt).”
It will be there at the point of training for officers and induction for civil servants. It is going to become part of the warp and weft of this country—part of the culture of what it means to be a civil servant in Britain.
Chris Stephens (Glasgow South West) (SNP)
As someone with great affection for the people of Liverpool and Merseyside, I start by saying that our thoughts are once again with the Hillsborough families. I join the hon. Member for Birmingham, Ladywood (Shabana Mahmood) in her qualified thanks for advance sight of the statement. I was pleased that the Lord Chancellor thanked and congratulated hon. Members, as well as Andy Burnham and Steve Rotheram, for their work in this area.
I have three questions for the Lord Chancellor. First, the chief executive of the College of Policing has described Hillsborough as a touchstone for change, but in the years since, we have sadly seen a familiar culture of cover-up in relation to tragedies such as Grenfell and the infected blood scandal. The Lord Chancellor appears to accept the principle; does he also accept that at some point, the public will tire of hearing about promised cultural change without visible action accompanying it? Secondly, no police officer has been disciplined or convicted of any offence relating to the Hillsborough disaster. Does he agree that in cases where it is proven that false evidence was given or inaccurate statements were made, retrospective action up to and including prosecution must take place?
Finally, part of the reason why the police were able to avoid full scrutiny around Hillsborough for so long was irresponsible reporting of the disaster by sections of the media. Is the Lord Chancellor convinced that reforms in that area have gone far enough, or does he agree with many of us that more reform in that area is sadly needed?
Alex Chalk
I thank the hon. Gentleman for those helpful and pertinent questions. Let me turn first to the issue of the police. Yes, it is one thing to set the culture, which, I think it is reasonable to point out, will now be woven into police training, but accountability matters, too. One thing that matters is that schedule 2 to the Police (Conduct) Regulations 2020, which, of course, post-date the report, includes the following: police officers must be
“honest, act with integrity and...not compromise or abuse their position”,
and
“Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness.”
Those standards are in the regulations. Their breach would provide a powerful case, as the hon. Gentleman may think, for dismissal or other suitable sanction.
On the hon. Gentleman’s point about retrospectivity, plainly, if evidence comes to light about behaviour at the time, it can be considered in the normal way. I hope that he will be encouraged by knowing that the offence of misconduct in a public office is being considered by the Law Commission, with its usual and typical diligence, and we will respond in the new year. It is reasonable to observe that it has not operated as we might have liked, and is susceptible to reform. We are giving that very active attention.
On the media and irresponsible coverage, my goodness, the hon. Gentleman has a point. I think that there still needs to be a live conversation about whether things have gone far enough.
Victims and Prisoners Bill
Chris Stephens ExcerptsMonday 4th December 2023
(4 months, 3 weeks ago)
Commons ChamberRead Full debate Victims and Prisoners Bill 2022-23 View all Victims and Prisoners Bill 2022-23 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 4 December 2023 - large font accessible version - (4 Dec 2023)
Chris Stephens (Glasgow South West) (SNP)
It is a pleasure to follow the Chair of the Justice Committee, of which I recently became a member. I look forward to working with him.
As this Bill covers most of the devolved competences, I will confine my observations—you will be pleased to hear, Mr Deputy Speaker—to new clause 27, tabled by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), and explain why the Scottish National party will be supporting it. It should be noted that over 140 Members, of every political affiliation represented in the House, have signed it, which shows the strength of feeling. Since Sir Brian Langstaff considered the issue of compensation, many of us have had concerns about the Government’s sneaking out written statements at recesses or even before Prorogation, which does not give Members the opportunity to ask questions of the Government and the Cabinet Office on the Floor of this House. We have heard the phrase, “working at pace”. I referred a couple of weeks ago to moving at a snail’s pace, but I am starting to think that the tortoise, from the old story about the race with the hare, would already have lapped the Cabinet Office in dealing with this issue. That is a real frustration.
Oral Answers to Questions
Chris Stephens Excerpts(5 months ago)
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Chris Stephens (Glasgow South West) (SNP)
I join others in welcoming the Minister to her place. A victims Bill has been promised by the Conservatives since 2016, but while the UK Government have dithered, the Scottish Government have introduced the Victims, Witnesses, and Justice Reform (Scotland) Bill, which seeks to put victims and witnesses at the heart of the justice system. It ensures that a range of trauma-informed support is available to child victims of violent and sexual abuse crimes, allowing them to give pre-recorded evidence without needing to go to a police station or a court. Have the Minister and the Government considered adopting that approach?
Laura Farris
I thank the hon. Gentleman for his question. As he will know, our Victims and Prisoners Bill is making its way through Parliament as we speak. He has talked about victim-focused support; I draw his attention to things like Operation Soteria, which is directed at rape victims and has now been rolled out on a national basis. That places victims’ rights at the heart of the inquiry and focuses all the effort on the suspects and their behaviour, so to be honest, what he has described is consistent with our current models of policing and investigating crime. I hope the Victims and Prisoners Bill will conclude its passage through Parliament and receive Royal Assent soon.
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?
Mike Freer
I do not accept that characterisation at all. In fact, this Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available to people, whether physically or through telephone advice. Access to justice, and access to legal aid, is there.
Draft Justification Decision (Scientific Age Imaging) Regulations 2023
Chris Stephens Excerpts(5 months, 1 week ago)
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The Chair
I call the hon. Member for Hemsworth to speak. [Interruption.] Perhaps I should call the Scottish National party spokesperson, the hon. Member for Glasgow South West, to speak first. I did not realise that he was planning to speak.
The Chair
I beg your pardon. It is also very kind of you to call me Sir James, but I am afraid that Mr Gray is all I get.
Chris Stephens
Thank you, Mr Gray. I have been bobbing, and I would have thought that a Glaswegian would have spotted a fellow Glaswegian. It is a pleasure to see you in the Chair.
As the Minister has outlined, this is perhaps a warm-up act for the Delegated Legislation Committee at 6 o’clock, which I will certainly attend. I will try to obey your earlier guidance, Mr Gray. I think it is sufficient to say that this decision is not without controversy. It has been criticised by a number of human rights groups. Their concern is particularly for people who have suffered incredible trauma. The Age Estimation Scientific Advisory Committee looked at this. Its evidence is worth noting and it is even included in the explanatory memorandum; I will certainly refer to points 7.5 and 7.8.
As I understand it, someone would have to consent to this particular test. Could the Minister tell me how the Government will take a view, if someone does not provide consent? We are being told by the Age Estimation Scientific Advisory Committee that there is no method, biological or social worker-led, which can protect age precision. It can only determine whether the age claimed is possible. That is what it says in the explanatory memorandum. It suggests to me that there is a lack of justification for putting forward this particular statutory instrument. As the shadow Minister, the hon. Member for Brentford and Isleworth, said, what is the cost? There will certainly be a cost to the reputation of the country if it goes through. The Royal College of Paediatrics and Child Health, which has been referred to, has said that
“x-ray imaging for a non-medical purpose is not ethical”.
Where does that leave the justification that the Department has come up with? It has also said that
“x-rays to determine age can be widely inaccurate”.
Does that not suggest that for someone who is going through a potentially life-changing decision like seeking sanctuary in the United Kingdom, having a test that is unethical, cannot predict properly and could be widely inaccurate surely cannot be justified? Is that not the case, Minister?
Edward Argar
The point I would make in respect of the vast majority of cases, the justifying authority is looking to see whether, under those regulations, it is possible for the Home Office to proceed in this way. The hon. Member for Hemsworth quoted from page six of the report. I would also highlight another quote on page six:
“The decision to use X-ray imaging appears well considered and appropriate to minimise any individual’s radiation exposure.”
That is what the Secretary of State has been looking at in this context: whether the measure meets the threshold of those regulations for the Home Office as the applying authority to bring forward specific proposals, which it will do.
The shadow Minister, the hon. Member for Brentford and Isleworth, did make one point that is directly relevant to these regulations, which concerned how a review would work. As the justifying authority, we will undertake a review if, for example, new or important information is acquired about efficacy or consequences, other techniques or technologies that have the same objectives become available, or there are any obvious relevant changes in practice, science or technology. I should be explicit that the statutory instrument does not include a statutory review, but the Ministry of Justice as the justifying authority will continue to monitor and review the use of X-rays in this context as the shadow Minister would expect.
I suspect that the spokesman for the Scottish National party, the hon. Member for Glasgow South West, may reprise a number of the arguments and questions that he has just put to me to a Home Office Minister as the applying authority in another Committee in about an hour. There are a number of points to consider. On informed consent, that would again be a question for the Home Office as the authority wishing to carry out this policy. Similarly, on the question of a scientific method of age assessment, it is recognised in the documents that the Government have put forward that assessing an individual’s age is an incredibly complex task and there is no single methodology, scientific or otherwise, can determine a person’s age with absolute precision. However, as I set out earlier, this will be one consideration in weighing up the evidence based on either the individual’s declared age or a social worker’s assessment of it.
Chris Stephens
I assume that the Minister thought I was speaking to the statutory instrument—shock horror. A number of human rights groups have raised concerns. Has he, as the justifying authority, had a look at those? Obviously, there are clear concerns about human rights.
Edward Argar
I am grateful to the SNP spokesman for that. In considering this as the justifying authority, the Secretary of State has had due regard to those named consultees that, under the 2004 Regulations, he is obliged to consult on the justification decisions. It would be for the Home Office to set out what discussions it had had—I think it was either the hon. Member for Brentford and Isleworth or the hon. Member for Hemsworth who talked about local authorities, campaign groups and others—in how they designed that policy and what they proposed when they bring that forward. That would be a matter for Home Office Ministers. I am perhaps being less forthcoming than I normally would be—the hon. Member for Glasgow South West has opposed me in Committee before—because I am deliberately drawing that distinction between the justifying authority, which is functionally separate in looking at what it actually has to look at as the MOJ, from the Home Office as the Department that has to introduce the specific regulations on how this policy would work. On that basis, I commend this decision and this statutory instrument to the Committee.
Question put,
Violence Reduction, Policing and Criminal Justice
Chris Stephens Excerpts(5 months, 1 week ago)
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Chris Stephens (Glasgow South West) (SNP)
It is a pleasure to be called early in the debate. I usually wait a lot longer—
Chris Stephens
“Get on with it,” says the Labour Front Bencher.
On justice, I hope that the Minister heard my hon. Friend the Member for Glasgow Central (Alison Thewliss) speak about the violence reduction unit work being done in Scotland. I was a member of the cross-party Youth Violence Commission. There is a lot of work being done on this issue in Scotland. It is a public health issue and, yes, education and lifelong learning have a role in tackling it, as I hope the Minister will take on board.
On the King’s Speech itself, this has been an extraordinary five days. It started off with a lot of the hard right-wing rhetoric, and now we see that the Government have moved, or are trying to move, to a centrist position—it is quite extraordinary. I listened to the right hon. and learned Member for Northampton North (Sir Michael Ellis), and I have heard others. I hope that he will condemn the far-right thuggery we saw at the weekend in London and elsewhere. Those were not counter-protesters—the phrase I have seen being used—but far-right thugs. Every single Member of this House should condemn those individuals, who wore a poppy on their jackets while showing a swastika tattoo at the same time. It was an absolute outrage. Those were despicable sights at the weekend.
Other measures were mentioned in the King’s Speech. After today’s Supreme Court judgment, it is obvious that there will be yet another immigration Bill—that has been an annual event in this place since I came here in 2015—to try to fix the broken asylum system in this country. I am concerned; at my surgery in Govan on Friday, I met a Palestinian constituent who has been denied asylum by the Home Office. He has not heard from his family in Gaza for 10 days, and has been denied refugee status in the United Kingdom. That tells me how broken the asylum system is, and I hope that Home Office representatives will meet me to discuss that particular case.
What was most surprising about the King’s Speech was that it contained very few measures to tackle the cost of living crisis—or, as I call it, the cost of greed crisis—that is taking place across these islands. It is interesting that in America, President Joe Biden has launched a food poverty strategy to eliminate food poverty by the year 2030, but this Government will not match that ambition here. I certainly intend to table a Bill on that issue, because we need a strategy to eliminate food poverty. Far too many of our citizens across these islands are going hungry; it is a disgrace that that is happening in an economy like ours. It is being left to the rest of us to develop a community shop network, selling food at affordable rates or at cost, to help people move away from food banks—from emergency need.
We need that sort of system, and we need the Government to take food poverty in this country extremely seriously because, as I have said, far too many people are in food poverty, including far too many children. It makes me weep when I hear some of the stories reported to my office of people who do not have the basic essentials. We need essentials guarantees in the universal credit system. It is incredible that we have this ridiculous situation in which the universal credit system, which is there as a so-called safety net, is no longer a safety net for many reasons. Universal credit and the social security system are also broken; there were opportunities in the King’s Speech for the Government to fix them, but sadly they did not.
I associate myself with the remarks of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee, about the lack of action on infected blood in the King’s Speech. It is no longer good enough for the Government to sneak out statements just before recesses or prorogations, talking about the lack of action that is taking place for far too many people who have been caught up in that scandal. We will continue to call that out; there need to be debates and regular statements in this Chamber, so that Members from all sides of the House can call the Government to account for the snail’s pace of action. Lastly, I will be voting in the name of humanity and supporting a ceasefire in the Lobby tonight.