General Matters

David Burrowes Excerpts

Tuesday 18th September 2012 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

It is a pleasure to follow my hon. Friend the Member for Congleton (Fiona Bruce). I join her in hoping that we can rely on the assurances given during the passage of the Bill on Sunday trading.

Following the theme of relying on assurances and promises given, I want to talk about my constituent Gary McKinnon. I welcome the Deputy Leader of the House, who will respond to the debate. He is in a good position to do so, having been on the picket line, in effect, to protest about the treatment of Gary McKinnon. Earlier this year, he tweeted:

“DC must intervene on medical grounds to stop extradition proceedings.”

I could not put it better myself, and I hope that his response will echo that statement. In making it, he is in good company. The Prime Minister, the Deputy Prime Minister, the Justice Secretary, the Attorney-General and the Minister for Policing and Criminal Justice have all stood shoulder to shoulder with others in the House, and others who have not been able to come here today, who stand alongside Gary McKinnon and the many campaigners on his behalf.

This could be, and I hope that it is, the last debate that we need to have on Gary McKinnon before a decision is finally made. The Prime Minister has said:

“Gary McKinnon is a vulnerable young man and I see no compassion in sending him thousands of miles away from his home and loved ones to face trial.”

In 2009, the Deputy Prime Minister said:

“It is certainly wrong to send a vulnerable young man to his fate in the United States when he could and should be tried here instead. It is simply a matter of doing the right thing.”

He went on to say:

“Government Ministers have let this sorry saga drag on for seven years, heaping misery on Mr McKinnon, his family and his supporters.”

We are now 10 years into the sorry saga, with misery still heaped on Mr McKinnon, his family and his supporters. The Deputy Prime Minister also said in 2009:

“It would be fair and it would be right to try Mr McKinnon in Britain. But the clock is ticking. The Prime Minister just needs to pick up the phone to make this prosecution happen, I urge him to do so, before it is too late.”

The Attorney-General asked the Conservative party conference:

“Can someone tell me how counter-terrorism will be served by extraditing Gary McKinnon to the United States for hacking into Government computers in search of UFOs?”

The new Justice Secretary has said:

“I hope the House of Commons will send a message to the Government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe Parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.”

[Kate Hoey (Vauxhall) (Lab)]

I pay tribute to the hon. Gentleman’s dedication over a long period in sticking up for his constituent, and I join him in what he is saying. Does he agree that it beggars belief that this has taken so long and we still do not have a decision? Does he agree that millions of people—the vast majority throughout the United Kingdom—want this case to end in justice for Gary McKinnon and his family and to put an end, once and for all, to the ridiculous idea that he should be sent to the United States?

[Mr Burrowes]

I pay tribute to the hon. Lady, who has been very much an hon. Friend in the campaign over many years. Indeed, 10 years is an extraordinary time for someone to have his life hanging by a thread. Countless people are alongside my constituent and this must end—it must happen.

I wanted to bring the debate to the House because after today we are not sitting for a while and this is the time when we must reflect on why a decision has not been made, promises have not yet been kept and justice has not yet been delivered for Gary McKinnon. I have initiated a number of debates and been involved in others on extradition arrangements but specifically on Gary McKinnon, my constituent. Sometimes we forget and need to be briefly reminded of the chronology.

In March 2002, Gary McKinnon was arrested in his north London flat for allegedly hacking into NASA and Pentagon computers from his bedroom, where he was searching for UFOs and free energy. For 10 years, this young man with Asperger’s has been living every day, every hour and every minute in a very dark tunnel around his autism, and no light has come in, and living under the constant threat of extradition. However, in May 2010 the then Home Secretary stepped in to halt the extradition process, saying that we needed to review and consider medical evidence. I commend her very much for taking that step. In October 2010, the Prime Minister announced that the decision would be given in a matter of weeks, not months, but we are still here, waiting.

In November 2010, the Home Office requested further medical reports. As time has gone by, medical reports and assessments by the very top experts in the field of autism and Asperger’s have taken place. The case for keeping Gary McKinnon here has not got weaker; it has got stronger.

New evidence has been submitted to the Home Office from Professor Murphy in particular, and from Dr Vermeulen, Professor Jeremy Turk and Professor Baron-Cohen. All have concluded that Gary McKinnon is an extreme suicide risk. In April this year, Dr Vermeulen said that Gary McKinnon was unfit for trial and an extreme suicide risk. Professor Jeremy Turk said in his 2012 report:

“In my professional expert opinion I continue to believe that Mr McKinnon can and will commit suicide rather than be extradited to the United States… Mr McKinnon continues to be in one of the most fragile of mental states imaginable and the reality of his mental distress and of the grave threat to his life continues to be very real.”

Based on his face-to-face assessment of Gary McKinnon in April this year, Professor Baron-Cohen said:

“In my opinion, Gary’s diagnosis of Asperger Syndrome remains very clear, and he is at very high suicide risk. He has an autistic unshakeable belief that… his only logical solution to avoid this outcome”—

extradition—

“is suicide.”

The position is that we have had three 2012 face-to-face assessments. My constituent has always agreed to be assessed by any experts in the field of autism and Asperger’s. The problem we have had in recent months is that the Home Office has insisted on the involvement of another expert, Professor Fahy—no doubt an eminent expert, but not an expert specifically in the field of autism. We therefore need to bear in mind the words of Professor Jeremy Turk, who has overseen the care of Gary McKinnon, pretty much throughout. Professor Turk is an expert in Asperger’s and he said:

“I am happy to go on record as believing that Gary has had an incredible number of most scholarly and expert opinions which are striking in their agreement and consensus regarding his having Asperger Syndrome, and a major and life-threatening depressive disorder. I see no indications, nor any utility, in exposing him to further evaluations, his single major need now being clarity regarding his status in relation to the spectre of extradition that continues to hang over him like A Sword of Damocles.”

We want to remove that sword from over his head. We say, on the last day before parliamentary recess, that that decision needs to be made now.

The Gary McKinnon case has highlighted serious flaws in extradition arrangements. There have been debates, a resolution of the House relating to a review, and changes to arrangements, but at the end of the day—this is the point of my speech—I concur with what the Deputy Prime Minister said:

“Yet this case is about more than legal technicalities and political treaties. It is about compassion”.

It is about an individual who is living a nightmare. He is not just a case, or someone who is part of a campaign; he is an individual—a son and a partner—whose life has been on hold for the past 10 years. I want the House to hear the words of his indefatigable campaigning mother. Her son is, in some respects, like a child. We know from the expert opinion that Professor Simon Baron-Cohen gave in 2008 that Gary McKinnon’s

“emotional age or social intelligence is at the level of a child”.

His mother says:

“He hasn’t raped anyone, he hasn’t murdered anyone, so can’t understand how this can be happening to him, as no matter how much anyone may choose to exaggerate his crime, the fact is that his crime was tapping on a keyboard in his bedroom in north London in search of information on aliens from outer space. Gary rarely ever leaves his home as he is traumatised to the core. A boy who cycled, swam, composed music and sang, now sits in the dark with his cats and never wants to see or speak to anyone.

He has no life, and is broken, like a wounded animal with no outlet and no hope, seeing only the dark side and the cruelty that exists in the world.

My only child has lost 10 years of his youth and has aged and died before my eyes.”

Perhaps people will say that a decision to keep Gary McKinnon here would set a precedent. Perhaps the Home Office says that it would set a precedent for terrorists facing extradition. Let us consider other cases. Hacker Ryan Cleary admitted hacking into the Pentagon, NASA and the US air force. Aaron Caffrey hacked into US security systems and brought the port of Houston to a halt immediately after 9/11. Like Gary McKinnon, both were accused of hacking; like him, both have autism and Asperger’s syndrome; but unlike him, both have been tried in the United Kingdom.

Let us consider the cases of Róisín McAliskey and Shawn Sullivan. Like Gary McKinnon, they face extradition to the United States; unlike him, they face extremely serious charges of terrorism and paedophilia, and unlike him, they have had extradition requests refused. The only precedent being set by Gary McKinnon is that of facing the threat of extradition for 10 years, living in conditions not far short of house arrest. It is more like what would happen to someone living in Burma than Britain. It would be unprecedented to extradite him in the face of such compelling medical evidence. It would be totally disproportionate when he could be tried in this country.

In conclusion, I ask the Deputy Leader of the House to explain or find out—or, as is the convention, get a full Home Office response on—why a decision has not been made, given that two weeks have elapsed since the Olympics. We heard that the Home Secretary was overburdened and was, quite properly, focusing on the Olympics, but two weeks have gone by. The court set a deadline of 16 October, but can the Deputy Leader of the House assure us that the time scale for a decision is not affected by the parliamentary or party conference timetable, bearing in mind that Gary McKinnon’s life is hanging by a thread? If the decision cannot be made today, why not make it tomorrow? When a decision is made, will he ensure that the statement is made in the House?

Now is the time to decide. There is compelling medical evidence that provides a basis for a decision not to extradite Gary McKinnon, and to deliver justice and keep our promises to him. The final word goes to his mother, and I agree with what she says:

“Our government’s first duty is to protect British citizens, including our most vulnerable.”

There follow words to the Home Secretary:

“Please have the strength to do what is right and to give my son”,

and my constituent,

“his life back.”

--- Later in debate ---

[Tom Brake]

I certainly hope not. It would be a very full House if I did.

The hon. Member for Central Devon (Mel Stride) spoke of the need to encourage business growth. That is something to which the coalition Government are fully committed, and we have already seen some very positive results during the first two years of the coalition. Some 900 private sector jobs have been created, the deficit has been cut by a quarter, and inflation has halved since its peak. All that contributes to encouragement of business growth. We have also seen many successful investments, particularly in the automotive industry.

The hon. Gentleman referred to maternity and paternity rights. It is clearly the Government’s role to ensure that the balance is right. The hon. Gentleman was concerned about the impact on small businesses, but the Government are considering ways of strengthening families, and we need to take into account the role that maternity and paternity rights can play in that respect. We are also reviewing regulations, which will help businesses, and we would encourage people to take part in, for instance, the current consultation on pub regulations.

The hon. Member for Stretford and Urmston (Kate Green) referred to the tragic case of Luke Molnar, who died in the way that she described. Let me take this opportunity to express my condolences to his family. I know that the hon. Lady has been working very hard on the case. The Department for Business, Innovation and Skills and the British Standards Institution are still actively exploring how the guidance could be made more widely available and how it might be improved. The hon. Lady made some very clear demands in her speech, which I am sure the Department has registered and to which I am sure it will wish to respond in detail.

The hon. Member for High Peak (Andrew Bingham) rightly raised the issue of mountain rescue. He described the exceptional volunteers who are involved in it, the roles and activities that they undertake on behalf of people in distress, and the risks that they confront. He tried to pre-empt one of the Government’s arguments in referring to the ease or otherwise of distinguishing between a mountain rescue vehicle and a privately owned vehicle. It is true that the Government believe that there are some problems in that regard, but, as the hon. Gentleman will know, shortly after he raised questions about the matter on a previous occasion, a £200,000 fund was provided to cover the cost of procuring rescue equipment for teams in England, Scotland, Wales and Northern Ireland. It is also worth pointing out that charities benefit from a substantial contribution in gift aid which is worth £1 billion a year to them. However, the hon. Gentleman was a passionate advocate of the tax changes that he was seeking. I am sure that the Department for Transport and the Treasury heard the points that he made, and they may wish to respond.

The hon. Member for Strangford (Jim Shannon) talked about employment and support allowance and disability living allowance, of which all Members probably have some knowledge as a result of their casework. The hon. Gentleman may wish to pursue individual cases further, but I can tell him that the Government have moved in a positive direction and have been more generous in relation to cancer patients’ access to the ESA support group. The Government have looked at the work capability assessment and the Harrington proposals, and have made improvements. The Government are not deaf to the issues that have been raised. We entirely agree that we must do the right thing by the most vulnerable in society. That is precisely what we are doing, but there will always be individual cases that require further scrutiny.

My hon. Friend the Member for Congleton (Fiona Bruce) raised the subject of Sunday trading and sought some firm guarantees from me and the Government. As she will know, a permanent relaxation of the Sunday trading laws was considered and rejected as part of the Government’s recent red tape challenge in June 2011. A review is rightly under way of the impact of the temporary suspension for the Olympics and Paralympics. If the Government decide on a permanent relaxation of the restrictions, new legislation would be needed and Parliament would have its say on that. My hon. Friend offered some fairly convincing evidence from the British Retail Consortium and the Association of Convenience Stores, however, showing that the impact on their business had been negative, so this might not, in fact, be a good way to increase trade after all. I agree with her, too, in that I would never say that I wish I had spent more time shopping.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) raised the issue of Gary McKinnon and his family. There is always a risk for Members that past comments made in this place will catch up with us, and that was the case for me in respect of my hon. Friend’s opening remarks. It is, perhaps, safest for me to say that my hon. Friend has put a lot of strength and passion into his campaign, and he is a very articulate advocate for the McKinnon case. The sole issue for the Home Secretary to consider, however, is whether extradition would breach Mr McKinnon’s human rights. The courts have allowed time for the Home Secretary’s medical experts to consider the new representations made by Mr McKinnon’s representatives. I assume that there will be an announcement on that on or around 16 October, and it may well be appropriate for us to hear about that in the House.

[Mr Burrowes]

Can the right hon. Gentleman explain why we have not had a decision yet, or at least get an answer to that question from the relevant Department? I also ask for an assurance that the timetable for a decision will not be constrained by any parliamentary or party conference timetable.

[Tom Brake]

As my hon. Friend said, other issues have had to be addressed. The Olympics and Paralympics are now over, but there are other matters to be considered, too. I hope that he will get some satisfaction on this question very soon, but it would not be appropriate for me to specify a time. This issue has been on the Government’s radar for many years, however, and we all want a swift resolution, especially for Mr McKinnon and his family.

My hon. Friend the Member for Colne Valley (Jason McCartney) talked about Butterley spillway. As I said, I would be pleased to know more about this issue, and the campaign group that has been established and put that grand staircase on the map. He outlined the actions that Yorkshire Water is taking in relation to the different options it is considering. He made some specific requests and it would be appropriate for the relevant Department to respond to those. Such requests included asking for full transparency of all documents. He also asked questions about whether or not the structure will remain listed, and they need a response.

My hon. Friend the Member for Birmingham, Yardley (John Hemming) has a reputation for campaigning on issues associated with family courts. He probably wanted to put on the record, and he certainly effectively did so, what he had to say about Jersey and its particular case. He rightly said that he bounces up and down to raise this issue frequently—