(6 months ago)
Commons ChamberI am grateful to the hon. Gentleman for giving way with his typical generosity. Does he agree that it is now important to move quickly? The Cabinet Office needs to meet and engage with the infected and affected community to make sure the compensation payments are right, and to ensure that the community is represented on the compensation authority board.
The hon. Gentleman is right, as he often is. I completely endorse his remarks. I thank him for the £50 he will pay to charity after losing a bet with me that there would be a referendum on Scottish independence by the end of this Parliament. I put that on record, not because I do not trust him but because I said that I would send him the name of the charity after today’s debate. He is a man of honour and a man of his word, so I know he will pay up.
On a serious point, I thank the hon. Gentleman for his contribution on this important issue. His background in the trade union movement means that he will always be thoughtful about the essential job of helping the weak against the strong, which is what we are trying to do in this place.
I should also pay proper tribute to my right hon. Friend the Member for Kingston upon Hull North. A few months ago, her amendment to hold the Government’s feet to the fire on this issue caused them to suffer possibly their only defeat in this House during this Parliament, which is quite an achievement.
To echo Sir Brian Langstaff, we must tackle the lack of “openness, transparency and candour” that has left victims suffering for decades. We welcome the movement towards this important milestone, and we look forward to seeing victims get the financial redress they deserve sooner rather than later.
I should say that Les, the husband of my constituent Sue Sparkes, died in 1990 as a result of receiving infected blood.
There has been a lot of discussion and work, involving colleagues from all parties, to recognise the considerable concern surrounding sentences of imprisonment for public protection. IPPs are and were a stain on our nation’s criminal justice system, and we have acknowledged our role in the past. It is right that IPP sentences were abolished, and we share the concerns that lie behind many of the proposals suggested by colleagues, both here and in the other place, in relation to these sentences and prisoners.
We have continually sought to work on this issue constructively and on a cross-party basis, wherever possible, which is why we are pleased to support multiple Government concessions on this matter, including Lords amendments 103 and 107, agreeing to a new annual report and provisions for those sentenced to detention for public protection. I pay tribute to our colleague Lord Blunkett, who has done a great deal of work, perhaps to underdo some of the things he might have been responsible for many years ago.
Progress for those remaining on IPP sentences and on licence in the community is pivotal. We want to ensure that any solutions proposed are robust and assessed with public safety properly in mind, as the Minister rightly said. In government, Labour will work at pace to make progress and will consult widely to ensure that our actions for those on IPP sentences are effective, in their interest and based on the evidence in front of us.
On the MAPPA issues in the Bill, we are glad to have agreed on an overdue and important change in the arrangements in place to protect victims and the public from the terrible blight on our society that is domestic abuse. When the Bill passes, offenders sentenced to more than 12 months for the offence of controlling or coercive behaviour will now be automatically included in the multi-agency regime that exists for violent and sexual offenders. That follows strong support in the other place for more rigorous safeguards in such cases, where too often we see women in particular left to face repeating and escalating patterns of abuse within the relationships where they should be most safe. Labour has big ambitions in government to tackle violence against women and girls in particular—far beyond the commitments in the Bill—but we are nevertheless proud to have put this marker down and to support this measure.
Labour’s commitment to reforming the criminal justice system to ensure that victims are more than just bit players is unwavering. We are pleased to have supported and helped to improve the Bill. Our essential additions, from empowering the Victims’ Commissioner to introducing a duty of candour for public bodies, have highlighted our commitment to the rightful place of victims at the centre of the justice process.
We welcome the Government’s movements in the right direction on pivotal issues such as IPPs and on the Infected Blood Compensation Authority, notwithstanding the remarks I made about the slowness of movement to get compensation out to victims. I thank the Minister for his openness in accepting some of these changes. I look forward to the Bill’s conclusion—very shortly, I hope—and hope that the Act will be a step towards a new era of transparency and advocacy for all victims of crime.
It is a pleasure to follow the Chair of the Justice Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill), and I wish him all the best for the future and thank him for the work he did as Committee Chair. One of his memorable moments in the last few months was to chair the Committee sitting in which I and my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) were pushing the issue of the Horizon postmasters in Scotland and what that meant for us. That was a very intelligent session, with many legal experts, and he chaired it in an exemplary way that allowed the debate to continue. I have always found him to be one of the more interesting Members of the House, when it comes to discussing such matters, and very fair. I wish him all the best.
I also wish you, Madam Deputy Speaker, all the best for the future. Like the hon. Member for Cardiff West (Kevin Brennan), I am going to name you as my favourite Deputy Speaker. You always used to tease me that I have a glint in my eye before I am ready to speak in the Chamber, and I would always be coy when you suggested I was going to be speaking next. I genuinely give you my good wishes, and thank you for all the kindness you have shown me as an individual and all the encouragement you give all hon. Members of the House in carrying out our duties, both to our constituents and here in the Chamber.
What an amazing week it has been. It was suggested that this Bill might not make the wash-up. If that had been the case, there would have been an almighty furore from the infected and affected community. I think pressure was applied by Members in this House, Members in the other place, and indeed the campaigners, to ensure that we got the Bill over the line. I am going to confine my observations to the amendments relating to the infected blood compensation scheme and setting up the Infected Blood Compensation Authority, which I welcome. I also welcome, as I did earlier in the week, the excellent appointment of Sir Robert Francis as head of the authority and of the compensation board.
Like many other Members, I am here to fulfil a constituent commitment, in particular to Cathy Young and her two daughters, Nicola and Lisa. It was one of my first constituency cases: Cathy Young came to see me at Darnley community centre. I had known a bit about the issue—in Scotland we had the Penrose inquiry, which was untidy to say the least—but I got more and more interested, and more and more passionate, because it was a clear injustice. As the hon. Member for Cardiff West suggested, I am a great believer that when it is time for an election, you do not shy away from it, but I do think that some of the events of the past couple of days have been a pity.
On Monday, when my constituent Cathy Young was down here in London, along with her daughters, I think some people in the Government knew that the general election was going to be called two days later. I do not believe that the Paymaster General did, but when he was on his feet delivering a statement about what the compensation scheme would look like, I believe that some people in the Government knew that the election was going to be called the very next day. We are in an unfortunate position, in that there are now a lot of questions that need answered and clarified before Parliament is dissolved. I am going to raise some of them in my speech, because we do seem to be in a bit of flux, which is a pity. I am going to take this opportunity on behalf of my constituents and the infected blood community, who have taken Members of this House to their hearts, as we have taken them to our hearts.
First, according to the scheme and the discussions that have taken place with the Cabinet Office, it looks as though the parents of a deceased infected child will receive the same amount as those of a living infected child. That does not seem right to me, and I think it needs to be clarified. There is also no mention of variant Creutzfeldt-Jakob disease infection among all this paperwork.
A lot of clarity is needed on the confusion between what is a widow’s payment and what is an estate payment. The expectation appears to be that widows will distribute the money paid as an estate payment, but unfortunately that might be difficult, given the sad reality of life that some families do not speak to each other, for all sorts of reasons. It is suggested that widows would receive £16,000, which seems to be less than they receive at present. The Government are also suggesting that the support scheme payments will end, which is leaving a lot of people distressed and very worried about losing those monthly payments. We need clarity and more discussion with the infected and affected blood community to ease some of those concerns.
We also need clarity about individual heads of loss for the infected, because, frankly, we all seem to be in the dark. The uplift for psychological effects has also been omitted. Will that be covered by the injury impact award? At the moment that is not clear, so that is something else that we would want to discuss. There needs to be a discussion about what psychological support services there should be going forward, because this has been a difficult and emotional week for many people. Lastly—this is very important—if people accept the interim payment of £210,000, does that mean they are accepting all the compensation values that are currently on the UK Government website?
It seems to me that we need a lot of clarity and a lot more discussion. I welcome the fact that the authority has been set up and that this place has forced the Government to move on the issue. This has been the House at its best—just as many Conservative Members voted for the amendment tabled by my good friend the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) as did Members in other parts of the House. This is a collective, cross-party attempt to address this injustice. I hope that those questions will be answered, either in writing or in discussions with the infected and affected blood community, because we are all here to make sure that they get the justice they so richly deserve. Any further delays will mean justice denied.
It is a real pleasure to follow my friend the hon. Member for Glasgow South West (Chris Stephens). I want to say a big personal thank you to him for all his excellent work over the years on the issue of infected blood, and for the important role he has played in the all-party parliamentary group on haemophilia and contaminated blood, to get to where we are this week.
I also want to comment on the remarks of the Chair of the Justice Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill). I am very sad that he is leaving the House. I have looked up to him as an excellent role model for how to chair a Select Committee with grace and charm, but also with steel. He has not shied away from the effective scrutiny that is so vital to the functioning of this House through the Select Committee system. I wish him all the very best for what he goes on to do next.
As we are talking about Select Committees, I wonder whether I could also pay tribute to the members of the Home Affairs Committee, some of whom might not return to this House. I wish them all the very best for all the work they have done as Select Committee members. I also pay tribute to the work of the Clerks and the staff of the Home Affairs Committee over the past two and a half years that I have had the great honour and privilege of chairing it. In particular, I want to mention Jo Dodd, our current Clerk, David Weir, who was our previous Clerk, and Mariam Keating, the second Clerk, who stepped up when we needed her to during an interregnum between our first Clerks. I thank all of them.
The remarks that I want to make about the Lords amendments are very much in the spirit of what has been said about the infected blood scandal. As the hon. Member for Glasgow South West said, what a week this has been. We started on Monday with the report from Sir Brian Langstaff, which followed six years of evidence heard by the independent public inquiry, which was absolutely damning about the role played by doctors, the NHS and the state, and a vindication of all those who have campaigned over the decades. Finally, we have the truth.
(6 months ago)
General CommitteesI will not detain the Committee long, which I am sure will be a relief to the many Committee members who saw me walking in and thought they might be here for 90 minutes. They won’t be.
The Minister described very well the position as it relates to Scotland. He will be able to confirm, I am sure, that the Scottish Parliament has given legislative consent to the draft regulations, and that the Minister for Victims and Community Safety has written to the Convener of the Equalities, Human Rights and Civil Justice Committee saying that Scottish Ministers intend to consent to this UK-wide statutory instrument. The regulations before the Committee appear to me to be fairly uncontentious, and I will not be opposing them.
(6 months, 1 week ago)
Commons ChamberOn a similar point, in a cost of living crisis, workers are now expected to pay to take their employer to an employment tribunal in cases of wage theft, unpaid redundancy pay and compensation for unfair dismissal. Quite frankly, it is outrageous that this is being levied at a time of intense pressure on family budgets. Do the Government not agree that access to justice must never be contingent on one’s ability to pay, and that these proposed changes ought to be scrapped to promote greater fairness in the system?
I thank the hon. Member for his question. We have introduced a regional virtual court to safeguard access to justice, and we will always make that available as far as it is possible to do so. As I say, we are working through the backlog at pace.
I listened with great interest to that answer. My hon. Friends the Members for Glasgow Central (Alison Thewliss) and for Glasgow North East (Anne McLaughlin) and I have constituents who have been removed from Scotland to England and threatened with deportation. Can the Secretary of State answer this question: why are MPs being denied access to their constituents? It seems outrageous. Does he not agree that this is unacceptable and that lawyers and their elected representatives should not be impeded by arbitrary barriers when accessing constituents who are threatened with deportation?
I would be more than happy to discuss that point with the hon. Gentleman. Of course MPs should have access in appropriate circumstances, but the critical point is for individuals to get legal support—I say that with no discourtesy to him as a constituency MP. That legal support is important. As I have said, when the IMA comes into effect we will increase funding by 15%, pay for travel time and ensure the reaccreditation of senior caseworkers. That is what individuals need: support through legal advice, and that is what we are providing.
(8 months ago)
Commons ChamberPerhaps 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?
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.
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?
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.
(9 months ago)
Commons ChamberWhistleblowers 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?
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.
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 £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.
(10 months, 1 week ago)
General CommitteesIt 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.
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.
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?
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.
(10 months, 2 weeks ago)
Commons ChamberMay 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?
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.
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?
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.
(11 months, 2 weeks ago)
General CommitteesYou 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?
(11 months, 3 weeks ago)
Commons ChamberAs 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.
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?
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.
(11 months, 3 weeks ago)
Commons ChamberIt 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.