10 Daniel Kawczynski debates involving the Ministry of Justice

Oral Answers to Questions

Daniel Kawczynski Excerpts
Tuesday 28th March 2023

(1 year, 1 month ago)

Commons Chamber
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Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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6. What steps he is taking to increase support for families within the family court system.

Caroline Ansell Portrait Caroline Ansell (Eastbourne) (Con)
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8. What steps he is taking to increase support for families within the family court system.

Mike Freer Portrait The Parliamentary Under-Secretary of State for Justice (Mike Freer)
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Drawn-out court proceedings can have a damaging impact on parents and children. We have published a consultation on proposals for a funded mandatory mediation and co-parenting programme before court to enable more families to resolve disputes out of court. We have also invested a further £15 million in the family mediation voucher scheme, which will help about 28,000 more separating families over the next two years. By freeing up stretched court resources, those changes will help families whose cases need to be heard by a court, such as those involved in domestic abuse.

Daniel Kawczynski Portrait Daniel Kawczynski
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Does my hon. Friend agree that this Government have taken the necessary steps to prevent perpetrators of domestic violence from being able to question their victims in family court proceedings, and that the family court should never again be a place where victims can be subjected to further abuse from their perpetrators?

Mike Freer Portrait Mike Freer
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My hon. Friend raises a very important point. In July 2022, a landmark Domestic Abuse Act 2021 measure came into force, prohibiting domestic abuse perpetrators and victims from cross-examining each other in person during certain family and civil proceedings. Family and civil courts can now engage a court-funded qualified legal representative to conduct cross-examinations in these cases. That scheme is very popular, and hundreds of qualified legal representatives have registered for it. This will ensure that those people in court are protected from such cross-examination.

Oral Answers to Questions

Daniel Kawczynski Excerpts
Tuesday 25th February 2020

(4 years, 2 months ago)

Commons Chamber
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Peter Gibson Portrait Peter Gibson (Darlington) (Con)
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8. What steps he is taking to support victims of domestic abuse through the criminal justice system.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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11. What steps he is taking to support victims of domestic abuse through the criminal justice system.

Jack Brereton Portrait Jack Brereton (Stoke-on-Trent South) (Con)
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21. What steps he is taking to support victims of domestic abuse through the criminal justice system.

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Robert Buckland Portrait Robert Buckland
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My hon. Friend is right to raise the issue of perpetrator engagement. There are a number of programmes aimed both at those who have been convicted of domestic abuse and at those who have not received such criminal convictions but who pose a real risk. The programmes address the factors that lead to domestic abuse, helping to teach people how to solve problems, manage their own emotions, and make the changes in their lives that will render them less rather than more likely to commit acts of domestic abuse. However, the effectiveness of the programmes is subject to ongoing review via monitoring and evaluation.

Daniel Kawczynski Portrait Daniel Kawczynski
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Will the Minister give a cast-iron guarantee that the domestic abuse Bill will be reintroduced during this Session?

Oral Answers to Questions

Daniel Kawczynski Excerpts
Tuesday 9th July 2019

(4 years, 9 months ago)

Commons Chamber
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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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21. What steps the Government are taking to increase opportunities for prisoners to access work before they are released.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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23. What steps the Government are taking to increase opportunities for prisoners to access work before they are released.

Robert Buckland Portrait The Minister of State, Ministry of Justice (Robert Buckland)
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A year ago, our education and employment strategy set out plans to transform the way prisoners develop the skills they need to secure employment on release, and in addition our new release on temporary licence framework aims to increase the number of people these opportunities are available to by allowing more prisoners to access it sooner and for longer.

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Robert Buckland Portrait Robert Buckland
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I join my hon. Friend in supporting Futures Unlocked and extend my congratulations to it on receiving the Queen’s award, and my hon. Friend is right to talk about what can be done beforehand. It is about building confidence, and that is why the new futures network that I mentioned, which brokers partnerships with employers to provide opportunities before release, will be crucial if we are to extend the benefit of this scheme and reduce reoffending.

Daniel Kawczynski Portrait Daniel Kawczynski
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There is still some reticence among certain companies to employ ex-offenders. The Minister has highlighted some of the real success stories in the private sector where companies have specifically hired ex-offenders in a very effective way. What is his Department doing to showcase those success stories, to ensure that more companies follow this important goal?

Robert Buckland Portrait Robert Buckland
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My hon. Friend is right to talk about changing the culture. A number of companies are quite openly employing ex-offenders. Also, the Ban the Box initiative, which is all about encouraging companies to employ people with previous offences and removing the tick-box exercise, is supported within the Government and increasingly in the wider business community. I attended an event with the creative industries only three weeks ago to highlight that important initiative.

Assisted Dying

Daniel Kawczynski Excerpts
Thursday 4th July 2019

(4 years, 9 months ago)

Commons Chamber
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Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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I will be very brief. I pay tribute to the hon. Member for Grantham and Stamford (Nick Boles) for the eloquent way in which he has introduced this very important debate. I just want to refer to him one of my constituents, Mr Noel Conway, who has campaigned on this issue for many years, both through the courts and the media. I had the privilege of visiting him and his wife at their beautiful Shropshire home, where I spent the afternoon finding out about his daily life and how his wife is caring for him. As I am sure hon. Members will realise, it was an extraordinarily emotional afternoon, especially when I found out about some of the very difficult conditions my constituent is living under and the constant care that he needs.

I spoke to Mr Conway about the possibility of him travelling to Switzerland, and his answer will stay with me forever; he said, “No, I am an Englishman and I want to die in England.” I think that is extremely important, because although some constituents have the wherewithal, financial means and opportunities to travel to Switzerland to take things into their own hands, that is not always the case for all our constituents bearing in mind financial restrictions, but also the fact that some people do not want to leave our country to be able to die. This is their home; this where their families live; and this is where they want to die.

I have always been a Roman Catholic—having been born in Poland, I come from a very strict Roman Catholic family—and my Christian belief is very important to me, but I have disagreed with my own Church on numerous issues. As the right hon. Gentleman alluded to, in our views, the Church is not always right. Having now been in a same-sex partnership very happily for the past eight years, I, too, agree that although we can respect the church and our Christian beliefs, perhaps the Church does not always get everything right when it comes to how human beings behave, interact and ultimately decide to die.

I am very grateful to the hon. Gentleman for bringing this debate to the Chamber. I have not decided how I will vote in future debates and my constituent Mr Conway knows that I have not yet decided, but I really appreciate that the hon. Gentleman has afforded us this opportunity to continue debating this matter until a consensus can be achieved.

Oral Answers to Questions

Daniel Kawczynski Excerpts
Tuesday 23rd April 2019

(5 years ago)

Commons Chamber
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Rory Stewart Portrait Rory Stewart
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Yes, I absolutely can confirm that. In April, their wages will go from £7.83 to £8.21 an hour, which is the national living wage.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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14. What progress he has made on improving the safety of prison officers.

Rory Stewart Portrait The Minister of State, Ministry of Justice (Rory Stewart)
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Protecting our prison officers is vital to having safe prisons. In order to do this, we have doubled the maximum sentence for assaulting a prison officer; we are introducing body-worn cameras; we are rolling out PAVA spray; and we are ensuring, through the training and support we provide for prison officers and the work we do on drugs, that we keep our prisons safe.

Daniel Kawczynski Portrait Daniel Kawczynski
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A key factor in the safety of prison officers is the number of these professionals in each prison. In an earlier response, the Minister said that the number was at a higher level than in any year since 2012. What is the number of prison officers at the moment and what plans does he have to increase the number of these professionals over the next 12 months?

Rory Stewart Portrait Rory Stewart
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We now have 4,300 additional prison officers, which is the highest level since 2012.

European Union (Withdrawal) Bill

Daniel Kawczynski Excerpts
Paul Blomfield Portrait Paul Blomfield
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I have said no. I want to give others the opportunity to speak. I took every single intervention in the previous debate—except perhaps from one of my hon. Friends towards the end of my speech—so I want to make some progress.

The Government have a choice to make today—[Interruption.] I wish hon. Members would stop chuntering. The Government have a choice to make, and they have to make it in relation to our amendment 278.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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You’re scared to have to answer.

Paul Blomfield Portrait Paul Blomfield
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Oh for goodness’ sake. The hon. Gentleman can do better than that, even from a sedentary position.

Daniel Kawczynski Portrait Daniel Kawczynski
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Just take my right hon. Friend’s intervention.

Paul Blomfield Portrait Paul Blomfield
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No, having taken every single intervention in the previous debate, most of which came from Government Members, I have explained why, in the interests of other Members, I will not take interventions on this occasion. [Interruption.] The hon. Gentleman can chunter on.

As I was saying, the Government have a choice to make today—a choice about amendment 278. Are they serious about pursuing a transitional period and ensuring that the economy does not fall off a cliff in March 2019 when we leave the EU, or does their ideological red line on the Court of Justice take greater priority than the jobs and livelihoods of people in this country?

Other issues relating to clause 6 also need addressing, and amendment 306 would provide for UK courts to take account of Court of Justice decisions on entitlements, rights and protections on employment, equality and health and safety. The intention of this amendment is to help to ensure that we maintain and keep up with social standards within the EU and do not simply hold workers’ rights and equality in stasis as the EU27 moves forward. Indeed, the EU has made it clear that it will want a level playing field in all those areas if we are to strike an effective trade deal. We are regularly told that the Government do not want to erode rights and protections, but we have a Prime Minister who has repeatedly criticised the social chapter and a Foreign Secretary who has decried the “back-breaking” weight of EU employment regulation, so we need to ensure that we secure clear guarantees in the Bill.

Amendment 306 also addresses the concerns of the former President of the UK Supreme Court, Lord Neuberger. On 8 August, he raised concerns about clause 6(2) and the position in which it will leave the judiciary on the interpretation of EU retained law. Clause 6(2) states:

“A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.”

On which Lord Neuberger said that if the Government

“doesn’t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for making the law when parliament has failed to do so would be unfair.”

Amendment 306 would address those concerns by removing the vague reference to

“if it considers it appropriate to do so”

and by requiring UK courts simply to take account of CJEU decisions in relation to employment, equality and health and safety rights. Lord Neuberger was right to flag that deficiency in the Bill, which we need to resolve.

European Union (Withdrawal) Bill

Daniel Kawczynski Excerpts
2nd reading: House of Commons
Monday 11th September 2017

(6 years, 7 months ago)

Commons Chamber
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Nusrat Ghani Portrait Ms Nusrat Ghani (Wealden) (Con)
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It is an honour to follow the hon. Member for Livingston (Hannah Bardell), who gave an interesting speech.

Without the iconic and much-loved bongs of Big Ben, the Palace of Westminster might appear to be diminished, but the European Union (Withdrawal) Bill will ensure that this Palace is more sovereign and more accountable, with or without its hourly chimes. The Bill will restore this nation’s sovereignty, the supremacy of this Parliament and the self-determination of the British people. The final word on law will be ours, and I am happy to trust the judgment of our Supreme Court rather than that of the European Court of Justice. The British people will ultimately be entirely in control of the direction of our country. If they do not like what they see here in Parliament and do not feel represented by their MPs, they can vote us out. That is not the case for unelected, unaccountable Eurocrats.

This Bill is the logical next step in leaving the EU—what the public have trusted us to do. The key point of this Bill is to provide certainty as to how the law will apply after we leave the EU. This is an unprecedented period in our history, which is why so much has been, and will continue to be, debated, but to vote against this Bill is purely political game playing and ignoring the will of the British public. The public have a right to ask objecting Members who argue against converting EU regulations and law into domestic law on exit day where their objections were when the laws were enacted in Brussels and enforced on us in the first place.

The Bill maximises stability and certainty, which is what our economy needs and what our businesses require and deserve. The Bill ensures that consumers have clarity about their protection, that employees have clarity about their rights, that businesses have certainty, and, fundamentally, that rights and protections are enforceable through the UK courts, which are renowned the world over.

Many Wealden businesses and farms from Hailsham, Uckfield and Crowborough have raised their concerns over EU red tape. Many Wealden businesses are small. Like the national average, only 5% export to the EU, but 100% are caught by red tape, which makes setting up, recruiting and exporting more difficult. Brexit and this Bill start an opportunity to create business and farming environments that work for all businesses, whether they are global or just local.

I impress on the Government the need to consult business representatives fully. In Wealden we have dozens of vineyards, many farms and cutting-edge science and tech businesses. They should be consulted and their concerns should be addressed. Consultation is key in these exciting times ahead for the UK outside the EU.

Brexit presents us with not only an opportunity to become a sovereign nation once again, but countless opportunities beyond our own waters. Negotiating as one country, we can strike free trade deals unhindered by the need to get the signature of 27 other countries. We will be able to agree our own terms with not just our friends in Europe, but the ambitious entrepreneurialism of the rest of the world. I cannot be the only Member who believes that the patronising, out-of-touch and out-of-date European elites need to get over their obsession that the future lies solely in western Europe. In reality, it is Asia, Africa and South America that are brimming with the skills, ability and talent that will shape this century. We have an exciting opportunity to trade in goods and expertise, and to help to share prosperity in not only this country, but these new emerging markets.

I seem to have an extra moment to speak, so I shall also touch on Michel Barnier, as the hon. Member for Livingston referred to him. Michel Barnier’s recent comments about our moral and legal obligations to support development in third-world countries has not gone down well in my constituency. As one of only five EU member states to meet the UN’s 0.7% foreign aid spending goal, and just one of four to meet NATO’s 2% spending target on defence, we will take no lectures from Brussels about supporting those less fortunate than us. My constituents want to know who are Brussels to talk to us about supporting developing nations when the common agricultural policy has for so long immorally and unfairly held African farmers back. Brexit allows us to treat Africa as equals and enables people there to decide their own destiny without financial discrimination from European elites.

Opportunities abound with Brexit. Although the media narrative and some Opposition Members suggest that it will be doom and gloom, I do not see things that way. I admit that some of what we hope for will be difficult, but I will never accept judgment for being ambitious for my country.

Ian Paisley Portrait Ian Paisley
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Will the hon. Lady give way?

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Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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I supported the remain side of the argument in the referendum, but my constituents listened politely to my advice and then two thirds of them voted to leave. A majority in this country voted to leave, so we have been handed instructions by the British people to leave the European Union and we need to respect the referendum result. This Bill is a key part of getting that ship under way. It is a process Bill that simply writes European law into our domestic legislation.

There are those who now say that we do not have enough scrutiny. However, it is strange that the European Communities Act has allowed all European law straight into our system since 1972 without any scrutiny in this House whatsoever. They did not complain about that, but they are suddenly worried about scrutiny. If we scrutinised and debated each and every one of the thousand statutory instruments and called them all in under the prayer motion procedure, we would do nothing between now and Brexit day but discuss the intricacies of writing bits of European legislation into our domestic legislation. I cannot speak for anyone else, but none of my constituents has asked me to do that. My constituents have not raised their determination for us discuss the minutiae and process of putting European legislation into our legislation. Has anyone else had a constituent say, “Between now and Brexit day I want you to discuss getting European law into our legal system”? I very much doubt it.

My constituents have asked me, “How can we ensure that we do not have to pay too much money? Does the EU have a legal case to demand money from us for the Brexit divorce bill? Does it have a case to demand £50 billion or whatever it is from us?” So I spent some time doing some research. I looked at the matter carefully with the eminent Martin Howe, QC, and we concluded that the EU has no claim at all as a matter of law. In fact, a compelling argument suggests that we are owed €10 billion by the EU for the return of our stake in the European Investment Bank, but we do not hear about that from the Opposition. We do not hear them making the case for scrutiny of the divorce bill to try to get some taxpayer value—not a bit of it.

Then, my constituents raised with me their concern about whether there might be queues on the roads to Dover and problems with trade when we leave the European Union, to which I say it is important that we are ready on day one, and that we are prepared for Brexit day, deal or no deal. That is a prime concern of my constituents, because gridlock at Dover means gridlock for the UK economy as a whole.

It is very much in the national interest that we focus on being ready on day one, but we do not hear about that from the Labour party, either. We do not hear any constructive ideas whatever about how we can be ready on day one, how we can make a success of Brexit or how we can ensure that we do not have to shell out too much taxpayers’ money. No, what the Labour party wants to do is scrutinise process, because it does not have a clue.

The people of Britain clearly said we should leave the European Union, and they gave a clear instruction that they want to end uncontrolled EU immigration. That means that, yes, we have to leave the European Union’s internal market. They gave a very clear instruction that they want our trade policy to be made in Britain, not in Brussels. Yes, that means we have to leave the customs union, but it does not mean we cannot discuss a free trade agreement with the European Union, and that is what we should be focusing our time on here. Rather than discussing process or the scrutinising of laws that already exist just so they can be written into our legal system, we should be discussing how we will have relations with the European Union in the years after we leave, because that is what matters to our constituents.

The prosperity of our people, the success of our businesses and the lifeblood of our economy is about making sure we foster international trade not just with the European Union but with the wider world. That matters because 80% to 90% of all global growth in the years to come will not come from Europe. Those are not my figures, and it is not my argument—they come from the European Commission in reply to questions raised in the European Parliament.

Daniel Kawczynski Portrait Daniel Kawczynski
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Clearly we want to ensure a reasonable win-win trade deal with the European Union, but is my hon. Friend aware of reports that, if we fail to get that deal and we go to WTO terms, our Exchequer will benefit by £13 billion a year from the taxes charged on imports from the European Union?

Charlie Elphicke Portrait Charlie Elphicke
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My hon. Friend makes a powerful argument. There are those who say that we have to beg Europe for a deal. Last time I looked, the European Union had a £100 billion surplus on trade in goods with the United Kingdom. If there were tariffs, European exports to Britain would be hit by £13 billion, whereas our exports to Europe would be hit by only £6 billion. That shows why it is in Europe’s interest to do a free trade deal, and why it would be an economically illiterate act of self-harm by the European Union not to want to do a trade deal. If anything, a trade deal is more in the EU’s economic interest than it is in ours.

Those are the hard numbers, and that is where the House should be focusing. If we want scrutiny, we should scrutinise how we can reduce the divorce bill, ideally to nothing. We should scrutinise how we can make sure we have a positive relationship with the European Union in the years to come, how we can have free trade, how we can have trade across the rest of the world, and how Britain can be positioned to grow so that our sons and daughters can have the kind of future that they expect us to build for them. That is why we need to approach this positively and thoughtfully, and it is why we need to apply scrutiny to the things our constituents care about, rather than process.

Cremation of Infants (England)

Daniel Kawczynski Excerpts
Wednesday 8th July 2015

(8 years, 9 months ago)

Westminster Hall
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Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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I beg to move,

That this House has considered the matter of the cremation of infants in England.

It is a great pleasure to serve under your chairmanship, Mr Howarth. Speaking as a father, I do not think that there could be anything worse in life than the loss of a child. I wanted to raise with the Minister and fellow parliamentarians the tragedy that some of my constituents have faced when they lost a child in infancy and were told by Emstrey crematorium in Shrewsbury that they would not receive that child’s ashes. Rather than the traditional burial, the parents decided to have their child cremated and were told that there would be no ashes. I am sure hon. Members appreciate that when families have been through such a traumatic experience as losing a child—just a few days previously in some cases—it was not an optimum situation for them to be robust in challenging that information. Some families went along with a cremation under those circumstances. There was a lack of clarity in some instances, which is clearly unacceptable.

I pay tribute to BBC Radio Shropshire for its tremendous work over the past year. I was first notified of the tragedy a year ago, and I pay particular tribute to Nick Southall, the Radio Shropshire senior reporter who has doggedly persevered with this story, not only in Shropshire but across England. We are starting to hear anecdotal evidence from other places where similar situations have occurred. This situation is not peculiar to Shrewsbury; we hear evidence of it happening in other parts of England. I look forward to hearing the perspective of other hon. Members.

One of the first things I did when I heard about this case was to contact the leader of the council, Keith Barrow. We have a new unitary authority in Shropshire that has taken over the running of our council, and the difficulties with the crematorium in question predominantly occurred under a previous administration and before the change to a unitary authority. Keith Barrow has done a superb job, and he called for an independent inquiry into the whole tragedy.

John Howell Portrait John Howell (Henley) (Con)
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What excuse was given by the crematorium? Perhaps my hon. Friend will come on to that.

Daniel Kawczynski Portrait Daniel Kawczynski
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I will come on to some of the report’s findings later in my speech, but I thank my hon. Friend for his intervention.

I thank the chairman of the report, Mr David Jenkins, who has a lot of experience in local government and is an independent expert. Mr Jenkins and his research assistant, Mr John Doyle, have spent an inordinate amount of time engaging with many of my constituents with great sensitivity, professionalism and care. They heard at first hand some of the trauma that my constituents have experienced. Before the general election, I met some of my constituents in a church in Shrewsbury, and it was one of the most emotional meetings I have experienced in my decade as a Member of Parliament.

I made those parents certain promises. I promised them that they would have a meeting with the Minister, that there would be a formal parliamentary debate in the House of Commons on this issue and, most importantly of all, that if there were aspects of the report that I considered relevant for Parliament to investigate and scrutinise with a view to changing, updating and modernising legislation, those considerations would be aired and we, as parliamentarians, would have the opportunity to debate those points and make recommendations. I am pleased to be trying to fulfil my three promises to those parents.

I pay tribute to the Minister. She is new to her post and, if I may say so, the Prime Minister made a very good decision in appointing her. I brought some of the parents—some from Shrewsbury and Shropshire and some from other parts of England, too—to meet the Minister last week, and she was genuinely interested in hearing what they had to say. I am sure she will speak for herself, but I think she was moved, and I was extremely impressed with the way in which she interacted with those constituents. I thank her very much for her and her officials’ time and consideration. Following our meeting, the parents and I went to No. 10 Downing Street to present a petition signed by more than 63,000 petitioners from across our country.

My constituency neighbour, my hon. Friend the Member for Ludlow (Mr Dunne), is a Minister and is therefore unable to participate in this debate, but he has taken an interest in the issue because the Emstrey crematorium also serves his constituents in south Shropshire. One of the babies whose remains were not returned to her parents was baby Kate. She suffered a tragic, avoidable death in 2009 following a complex midwifery delivery at Ludlow community hospital. My hon. Friend supports the campaign to prevent similar suffering for other parents. He feels as passionately as I do about this issue, and he wanted me to put that on the record for him.

Other hon. Members wish to speak, so I will concentrate on some of the recommendations that I have picked out from the report and some points that have been specifically reinforced in my mind by my interactions with my constituents. Other parliamentarians may have other points of view, but these are the specific points from the report that my constituents from Shrewsbury want me to raise. First, they believe that there should be an inspector of crematoriums throughout England and that it should be a full-time position. I understand that there is a part-time inspector of crematoriums in Scotland, which has only 50 crematoriums; we have more than 250 in England. Many of my constituents believe that we should have a formal, independent inspector of crematoriums. We live in a society with ombudsmen and regulators, and many aspects of Government activity are rightly regulated and overseen by independent inspectors. My constituents believe that if we are to have a uniform level of service and professionalism across all crematoriums, we need an independent inspector who is able to investigate by going to see crematoriums to ensure that they comply with expected standards.

My constituents also expect that crematoriums should have to report to the inspector when they are not confident that ashes have been created in a particular case. That is important because it is a proactive step that the facility in question—Emstrey crematorium in our case—would have to take if, for one reason or another, ashes had not been or could not be produced. If a crematorium believed that to be the case, it should have to be proactive in informing the inspector so that the inspector had it on the record.

I spent an afternoon inspecting Emstrey crematorium in Shrewsbury, and it has subsequently invested a lot of money in new machinery and better practices. Procedures are now in place to ensure that babies are cremated later in the day, rather than when the machine is first switched on and is at optimum heat. The procedures ensure that babies are cremated at the end of the day, when the ovens are at their coolest, to maximise the possibility that ashes are delivered.

My constituents also want a national cremation investigation team that is able to investigate historical cases. If the Minister agrees about the need for an inspector, and if an inspector is created, he or she will be busy ensuring uniformity of best practice across the country. My constituents want an independent team that will help families like Mr Perkins and his partner, and the other families in Shrewsbury who have suffered in the past. They want more information and need more help to come to terms with what has happened. They also believe that greater transparency is needed with regard to cremation paperwork. I will not go through all the details now, because there simply is not time, but in some cases paperwork has been lost, destroyed or not kept for the appropriate amount of time.

I would be grateful if the Minister told us how we could update legislation and regulations for crematoriums on paperwork and other matters. The Minister may correct me if I am wrong, but we have had no legislation on the running of crematoriums for a long time, so this is an optimum time for us to discuss these concerns. The families believe that the Ministry of Justice and the Department for Environment, Food and Rural Affairs need to co-operate on changing the regulations and conditions on emissions from crematoriums at times when infants are being cremated—that is a technical point. I hope that the Minister has read the part of the report about how emissions and such things are regulated and is aware of that point.

The answer to the question from my hon. Friend the Member for Henley (John Howell), is in the report commissioned by Shropshire Council, published last month, which says that poor training and out-of-date equipment were mainly to blame. I am pleased that more than £3 million has now been spent on new machines at Emstrey crematorium in Shrewsbury; I have inspected them and seen how the ovens operate. I hope that this tragedy will ensure that training for staff at crematoriums, whether run by the Co-op or councils themselves, is reinvigorated, and that all crematoriums in all areas are supervised to ensure that they are investing appropriate time and money in bringing new equipment to the fore.

About 60 families are believed to have been affected by failures at Shrewsbury’s Emstrey crematorium between 1996 and 2012. I do not yet know the final figure, because more people are coming forward all the time. To those Salopian families, I can only take this opportunity to express my sincere condolences for the loss of their children and my sincere sadness that they have had to go through this extraordinarily painful experience in their lives. Having spoken to them, I know that their main goal is to ensure that such a travesty does not happen again, so that no other family in England has to go through what they went through. I look forward to hearing what the Minister has to say in response to those points.

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Diana Johnson Portrait Diana Johnson
- Hansard - - - Excerpts

My hon. Friend makes the very important point that this has happened all over the country. In a few moments, I will say a few words about local inquiries and how they might fit into a broader national inquiry. However, these families deserve to know what happened. I know that many of these cases happened a long time ago, but local authorities and the Government should do whatever they can to find out what happened.

The Trowhills and I met Councillor Brady. At the time, we were waiting for the outcome of the Shrewsbury report, and Councillor Brady said that although he was sympathetic to the request for an inquiry, he wanted to see what the Shrewsbury report said.

Obviously, a few weeks ago we had the Shrewsbury report, and since then I have written again to Councillor Brady. Yesterday, I received a response from him and I will just read briefly from his letter. It says:

“As Mr & Mrs Trowhill reflected at our meeting in March, they believe that there can be no resolution for them in relation to William’s ashes and therefore, given that the information given to Mr & Mrs Trowhill at the hospital was that there would be no ashes and that the Council acted in accordance with the instructions received from the funeral director, I do not intend to hold a local independent inquiry.

However, the Council fully supports the call for a national code of practice to provide consistency in the way in which the cremated remains of babies and infants are dealt with across the UK and for a single government department to be responsible for the regulation of crematoria and their operations. The Council also supports many of the recommendations of the Bonomy and Mortonhall Inquiries and we will write in support of such recommendations to the Cabinet Office.”

He concludes:

“I therefore feel that a meeting with yourself and Mr and Mrs Trowhill could add nothing further at this time, but I can assure you that I will lend my support and that of the Council to lobbying for a national commission for England to be created.”

I am very disappointed that we have not had the opportunity to have another meeting with Councillor Brady to discuss this matter. Although that letter is very much about the Trowhills, many other families could be affected by these issues and local authorities must try to find out what has happened in these cases, and be as transparent as possible.

The hon. Member for Shrewsbury and Atcham talked about many of the very sensible recommendations made by the Shrewsbury report, and I particularly support the recommendation of a national inspector of crematoriums —that is an excellent idea—and national guidelines and training. Because more and more cases are coming to light around the country, there is a case for local inquiries to be held, so that families can find out what happened in their area, if possible. Nevertheless, the proposal from Action for Ashes for a national crematorium investigation team, which was also mentioned by the hon. Gentleman, is certainly worth considering.

Such a team could deal with the issue in two ways. First, it could investigate the historical cases that have been mentioned. Secondly, it could work alongside individual local inquiries to pull together the common themes and threads that I am sure will become apparent; the issue of training seems to be a key one. While my constituents and I fully support calls for a local inquiry in Hull, we also want to see a national inquiry.

Daniel Kawczynski Portrait Daniel Kawczynski
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I am grateful to the hon. Lady for her comments. When we had our own inquiry in Shrewsbury, it was very difficult and painful for the parents to relive their experiences, but it was also a very cathartic moment for many of them, and they really appreciated that, instead of a national inquiry, somebody in Shrewsbury was dedicated to their cases, spending time with them and hearing their experiences. I am very disappointed that in her area that has not been the case, and I reiterate that my constituents and other people concerned have really benefited from the independent local inquiry in our area.

Diana Johnson Portrait Diana Johnson
- Hansard - - - Excerpts

I thank the hon. Gentleman for his intervention. It is very helpful to know that we have his support in that regard, and we will continue to see what we can do to change the mind of Hull City Council.

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Daniel Kawczynski Portrait Daniel Kawczynski
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I thank my hon. Friend the Minister for the way in which she has replied to the concerns we have expressed collectively today. I could not have asked for a better response. Families are watching the debate live in Shrewsbury. They have asked me to keep them informed of the progress we make, and, over the coming weeks and months, I will keep them updated about all the changes that we will hopefully make as a result of bringing this issue to the Minister’s attention.

The Minister has seen at first hand Members’ strength of feeling in the Chamber today. I referred earlier to my neighbour, the hon. Member for Ludlow (Mr Dunne), who was unable to be here. He asked me to read out a statement from him; many other colleagues in other jurisdictions in England have also approached me to say that they are interested in this case and that they know of similar cases. They have been looking to the Emstrey report to see what, if anything, can be done in their constituencies. I am very disappointed that the leader of Hull City Council has chosen not to conduct an inquiry. It has been extremely important for us to have one in Shrewsbury for the residents who are affected.

I would like to end by saying how delighted I was by the contribution from our colleague from Scotland, the hon. Member for Lanark and Hamilton East (Angela Crawley). As someone who believes in the Union, I do not think that we need to reinvent the wheel. If something very good is happening in another part of the United Kingdom—if they have already been through the process north of the border and started to put into place various safety measures to ensure that this does not happen there—I hope that the Minister will ensure that her advisers and officials take a trip north of the border to find out what is happening in that jurisdiction.

Thank you, Mr Howarth, for chairing this important debate. I very much look forward to hearing from the Minister in the coming weeks and months about the progress on this very important issue for our constituents.

Question put and agreed to.

Resolved,

That this House has considered the matter of the cremation of infants in England.

Shrewsbury 24 (Release of Papers)

Daniel Kawczynski Excerpts
Thursday 23rd January 2014

(10 years, 3 months ago)

Commons Chamber
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David Anderson Portrait Mr Anderson
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I thank and forgive my hon. Friend for his intervention. There is absolutely no doubt about it: people were blacklisted. One real sadness about what we are discussing today is that 40 years on from that disgrace, similar things are still taking place. The Scottish Affairs Committee should be congratulated on the great work it has done in this area.

The lump was a system whereby people were paid cash in hand, meaning not only that no income tax or national insurance contributions were paid—so the state was robbed—but, vitally, that workers were uninsured against accidents or worse while they were at work. That was extremely serious. A building worker was dying every day on average on building sites across the UK and, in the three years before 1972, almost a quarter of a million industrial injuries were reported, with many more not being reported.

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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Will the hon. Gentleman give way?

David Anderson Portrait Mr Anderson
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In exasperation, I give way to the hon. Gentleman.

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Daniel Kawczynski Portrait Daniel Kawczynski
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I am grateful to the hon. Gentleman for giving way, and I hope that his debate will be balanced. He talks about the need to protect people’s rights and about violence, so I very much hope that in preparation for the debate he spoke, as I have, to some of the police officers in Shrewsbury and some of the people in the building trade who experienced great violence and intimidation from those people at that time.

David Anderson Portrait Mr Anderson
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I am sure that if the hon. Gentleman listens to what I have to say, he will realise what went on in Shrewsbury, including evidence from the police—

Daniel Kawczynski Portrait Daniel Kawczynski
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Has he spoken to the people there?

David Anderson Portrait Mr Anderson
- Hansard - - - Excerpts

I will run the debate; the hon. Gentleman should just sit there and listen.

In 1972, the unions, exasperated at the failure to achieve progress, called the first and so far only national building strike ever held. Four months later, the strike was called off after the unions forced their employers to concede the biggest increase in basic pay rates ever. It was a victory for the working man, but a bitter blow for the employers, who were determined on revenge. They were not alone. The Tory Government were rattled by the success of one of the least well-organised groups of workers in this country and were determined to help their friends in the building industry.

To pursue that revenge the employers’ body, the National Federation of Building Trades Employers, went on what can only be described as a fishing expedition. It wrote to its members on 20 September 1972, two weeks after the strike ended, seeking any information related to possible violence and intimidation during the strike. The clear intention of the federation was to pass the dossier on to the Home Secretary for his consideration so that he could tighten up the law on picketing in industrial disputes. The federation specifically asked its members for information on any incidents available to them, including signed statements from any eye-witnesses; copies of any photographs from local newspaper photographers of, as the federation said, “the more notorious occurrences” that would give strong support to the submissions; and any other kind of suitable evidence that members might have come across, such as tape recordings and personal photographs.

It was not just the members of the federation who were being written to. In a letter to the Commissioner of the Metropolitan Police, Robert McAlpine complained that there was no problem with the law governing pickets and their activities, but that the problem was rather down to

“the lack of enforcement of the law by the police”.

That was a clear shot across the bows of the people who had the responsibility of ensuring that the law was adhered to on the ground. The police, in whom we put our faith to ensure that the law is upheld properly, were being told by an employer that they had not done their job properly.

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Steve Rotheram Portrait Steve Rotheram
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Absolutely, it was used as a battering ram to send a message not just to construction workers but to working class people throughout the country who decided to take industrial action.

Daniel Kawczynski Portrait Daniel Kawczynski
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My hon. Friend the Member for Aldershot (Sir Gerald Howarth) mentioned previous Labour Lord Chancellors, particularly the right hon. Member for Blackburn (Mr Straw). Has the hon. Gentleman had any discussions with previous Labour Lord Chancellors about why the information has not been released?

Steve Rotheram Portrait Steve Rotheram
- Hansard - - - Excerpts

The hon. Gentleman should not think I am going to stand here and defend the indefensible. We had an opportunity when in government to do what we are asking for today, but we did not take it. However, that does not stop people continuing to campaign and trying to persuade the Government—no matter what colour—that that is the right thing to do. That is what we are doing today.

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Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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As the hon. Member for Shrewsbury, this matter is obviously of great interest to me. I want to put into context my initial question to the hon. Member for Blaydon (Mr Anderson). To have a strong debate and a point of view, we need to try to understand the other person’s perspective. That is why I asked him how much time he had spent in Shrewsbury interacting with the local people trying to find out their interpretation of what happened at that time. I say to him, and to other hon. Members, that, being the Member for this beautiful Shropshire town, I have spoken to a lot of my constituents who were there at the time. I was born in 1972 when these incidents occurred, so I have to rely on the first-hand accounts and experiences of my constituents. It was disappointing to have been shouted down by Opposition Members when I tried to make that point.

As my hon. Friend the Member for Aldershot (Sir Gerald Howarth) said, 1972 was a time of great industrial strife. Some people felt that they had the right to intimidate and use violence to achieve their political objectives. Margaret Thatcher saw the danger to democracy of allowing this to continue. She saw a great danger to our parliamentary process and to the rule of law by not tackling people who felt that the use of violence was a perfectly legitimate tool to pursue their aims. We must not forget how damaging militant trade union vandalism was, and we must never allow it to return.

I spoke to the police officer who was first on the scene, Mr Aubrey Kirkham. He is a respected member of the Shrewsbury community. He described the people descending on our small town that day—400 people, I think he said to me, came on coaches from outside Shropshire—as a “marauding mob”. He felt that they meted out huge intimidation to local people and massive violence to local workers. Police suffered great violence and were massively outnumbered. He told me of one bricklayer from Heathgates in Shrewsbury who had a brick thrown at him for refusing to come down from scaffolding. He subsequently fell and a year later he died. Some of his family think that he died as a direct result of that incident.

Many constituents say that these people have been tried and convicted by a jury, and they are bewildered that this debate has even been called. They think that Parliament should be looking at other, more pressing priorities.

Julie Hilling Portrait Julie Hilling (Bolton West) (Lab)
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The issue we are debating is not whether what the hon. Gentleman is saying is correct, or whether what is being said by Opposition Members is correct. If the papers were to be released, we would be able to make that judgment, and that is what we are calling for in this debate.

Daniel Kawczynski Portrait Daniel Kawczynski
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If the hon. Lady allows me to finish, I will come on to exactly that point.

Obviously, I have also spoken to many people in the building trade in the past few days, in advance of this debate, for their first-hand accounts. If any hon. Members are genuinely interested in finding out what the people on the ground felt at that time about the violence, I very much hope they will approach me.

Coming on to the point raised by the hon. Lady, the hon. Member for Blaydon asked for the documents to be released. I have two questions. I will be very brief and let other hon. Members contribute. I reiterate the point made by my hon. Friend the Member for Aldershot: we have to ask why, over a long period—the Labour party was in office for three terms—former Labour Lord Chancellors decided not to release this information. That is a perfectly legitimate question to ask. If Opposition Members feel passionately about this issue—I clearly see that they do—they should challenge and scrutinise their colleagues to ask why the Labour Government did not release it.

I am very interested to hear from the Minister whether he will release the documents and, if not, why he is not prepared to release them. I have been approached by constituents who have a different perspective. They feel that they do not want documents to be withheld from the public domain if there is the potential for a cover-up of some kind, or some form of inappropriate behaviour. As a community, I think the argument is evenly balanced in Shrewsbury. There are people who want to remember the violence. We are a wonderful but quiet Salopian town. This was an extraordinary event in our history and they want people to remember the violence they experienced. They also want the Government to account for why they will not release the documents.

Baroness Clark of Kilwinning Portrait Katy Clark (North Ayrshire and Arran) (Lab)
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In the book “The Key to My Cell” by one of the pickets, Des Warren, he says that when, on 6 September 1972, they visited the first site at Kingswood, they were greeted by the son of the contractor who had a shotgun in his hand and was threatening to use it. Does the hon. Gentleman accept that he seems to be presenting to the House a one-sided version of what happened?

Daniel Kawczynski Portrait Daniel Kawczynski
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As I have said repeatedly, both sides of the argument have to be taken into consideration. I felt it appropriate to come here today, as the Member representing Shrewsbury, to outline some of the things that leading members of my community have stated. Clearly, there are other perspectives. I hope the Minister will explain, if he is not going to release the documents, why he will not do so.

Daniel Kawczynski Portrait Daniel Kawczynski
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I am not going to give way, because I am going to end my remarks. Clearly, we can see tremendous passion from the Opposition for this issue to be resolved.

Marriage (Same Sex Couples) Bill

Daniel Kawczynski Excerpts
Tuesday 21st May 2013

(10 years, 11 months ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I am proud that the Commons has reached the Third Reading of this Bill, and I hope that hon. Members on both sides of the House also feel proud to support it and to be on the right side of history. I thank the Prime Minister and the Government for introducing the Bill. I am proud, too, that Labour votes passed the Bill on Second Reading and will do so again this week. We are strongly committed to the Bill.

The Opposition have, of course, disagreed with the Government on some issues, including on the Bill’s handling of humanism, which we hope will be discussed further in the Lords. We also wanted early progress on opposite sex civil partnerships as an issue of equality before the law, but I hope that we have now agreed progress there. Nevertheless, the Minister will know that we have approached each of these issues, even when we have disagreed, in a considered way to ensure that the Bill can make progress, and I am glad that votes from Labour and across the House have ensured that no one now has any excuse to ditch or delay an important Bill that I think will bring happiness to many people.

I thank, too, all Members who, because it is the right thing to do, have championed the Bill even when they have faced pressure in their constituencies not to do so. I thank hon. Members who sat on the Committee and worked hard at every stage to get the Bill through. In particular, I thank my hon. Friends the Members for Stretford and Urmston (Kate Green) and for Rhondda (Chris Bryant), who have done immense work on the Opposition Front Bench, and my hon. Friends who supported them in Committee. I think that they, and certainly the Government, will agree that nothing makes us more grateful for the normal presence of the Whips—I am glad they join us today—than being charged with taking through Bills that depend on free votes.

This is the right thing to do. This Parliament can now join Argentina, Belgium, Canada, Denmark, Iceland, the Netherlands, Portugal, Norway, Spain, South Africa, Sweden, Uruguay, France, which has just passed its own legislation, and New Zealand, whose MPs last month celebrated their gay marriage legislation in fabulous style by breaking into song. We can only wonder what would happen if the Minister and I leapt up and started leading a Eurovision-style chorus of “Congratulations” or perhaps Abba-style—probably not “One Man, One Woman”, but certainly, “I do, I do, I do, I do, I do.”

Daniel Kawczynski Portrait Daniel Kawczynski (Shrewsbury and Atcham) (Con)
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Will the right hon. Lady give way?

Yvette Cooper Portrait Yvette Cooper
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I hope that the hon. Gentleman will begin with an appropriate Abba song.

Daniel Kawczynski Portrait Daniel Kawczynski
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The shadow Minister highlights other countries that have already introduced similar legislation. If we did not pass this legislation, would we not have to recognise the marriages of citizens from those countries who came to live or work in the United Kingdom or those who came here on holiday anyway?

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

The hon. Gentleman makes an important point. We should recognise those people’s marriages. We should be proud to do so, and we hope that other countries across the world will join us, including countries where there is still terrible homophobic discrimination, which we should be fighting against. I hope we can lead the way by championing this Bill. We should remind people why we are doing this. It is time to give same-sex couples the same rights as opposite-sex couples to get married. It is time for equality in marriage.

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Lord Herbert of South Downs Portrait Nick Herbert (Arundel and South Downs) (Con)
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Earlier today, while the Health Secretary was responding to an urgent question on accident and emergency departments, I had to take myself along to the A and E department at St Thomas’s hospital because something was wrong with my eyes. I am told that everything is fine, but I had some drops put into my eyes and, as a result, I am now unable to see the official Opposition. The only thing I can see, and have sought to remark on, is the loud and proud and typically revolting tie of the hon. Member for Rhondda (Chris Bryant). However, I notice that you are wearing the same tie, Mr Speaker. I therefore unreservedly withdraw my remark.

The most serious concern that has been advanced about the Bill relates to ensuring that religious freedom is protected. The concerns expressed by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) are surely genuine, and we were right to pay attention to them. I would not support any measure in this House that would force a Church to conduct a same-sex marriage against its will. That principle of religious liberty is immensely important. The fact that the Bill protects Church organisations and that the Church of England has expressed its confidence in the locks that have been put into the Bill should give the House confidence that we can proceed with this measure. Of course there are other aspects of religious freedom that we need to protect. They were discussed yesterday and will be the subject of further discussion in the House of Lords.

The essence is that no church will be forced to conduct a same-sex marriage against its will. Religious freedom cuts both ways, and those who have rightly spoken on behalf of religious freedom cannot ignore the cause of religious freedom for Churches that do wish to conduct same-sex marriages. What about the Quakers, the Unitarians or the liberal Jews; what about their religious freedom? My argument is that the Bill extends religious freedom and does not restrict it and that those who are concerned about religious freedom should support it. Those advancing these arguments need to say why they have not been interested in Churches such as the Quakers and why they believe that the law of the land should prevent those Churches from doing what they seek to do.

Other arguments have been put against this legislation—that it redefines marriage for everyone, so that even if Churches are protected, the concern remains that it changes the definition of marriage for others, too. As has been said on a number of occasions here, how exactly does it harm or affect those who enter into a heterosexual marriage if a same-sex couple enter into a marriage, too? How does it devalue, change or alter the marriage they have? The truth is that this is not a measure that can remotely be held to do any harm to people at all. Absolutely no harm is done by this measure and a very great deal of good can be done by it.

Less impressive arguments have been advanced in respect of this legislation. It has been said that because same-sex marriages cannot be consummated, there is some problem or lack of equivalence, or that because adultery provisions will not apply directly, there is a lack of equivalence. Actually, most heterosexual marriages are, sadly, ended by the cause of unreasonable behaviour, which could apply just as easily to same-sex couples. I think there was an unfortunate implication behind that criticism, which was that somehow same-sex couples were seeking a licence to enter a marriage in respect of which they sought to escape or avoid the vows undertaken. Of course, the absolute opposite is the case. It is right to extend same-sex marriage to gay couples precisely because it is a good thing if they enter into a loving and permanent commitment to each other. That is a good thing for them, for society and for families, and we should celebrate and support it.

Daniel Kawczynski Portrait Daniel Kawczynski
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Does my right hon. Friend agree that there is a consensus across the country that this legislation is important and that we should back it? Even in my rural county of Shropshire, a recent opinion poll taken by the local media showed a majority in favour of this legislation.

Lord Herbert of South Downs Portrait Nick Herbert
- Hansard - - - Excerpts

I thank my hon. Friend and strongly agree with him.

I was about to say that it has been suggested that the public are not with this legislation. Of course an element of the public are concerned about it. That much is clear, but it is also clear from all the independently conducted opinion polls—not those conducted by the pressure groups opposed to the Bill—that a majority of the public support this legislation and that the majority is increasing, as we have seen throughout the world. As for the idea of holding a referendum on such measures at any time, apart from being a bad idea in itself because the House of Commons decides these matters, such a referendum would be likely to pass this measure in any case because the public are in favour of it.

When homosexuality was decriminalised, some Members of Parliament objected. When civil partnerships were introduced, some Members of Parliament objected. They were found to be wrong because society moved on. Attitudes change and attitudes to gay people have changed. The Bill will do no harm and a very great deal of good by celebrating love and commitment and by treating a minority equally. That is why we should welcome it.