Police Federation Reform (Normington Report)
David Davis Excerpts(10 years, 9 months ago)
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Mr David Davis (Haltemprice and Howden) (Con)
As ever, you flatter me too much, Mr Speaker.
I beg to move,
That this House notes the Independent Review of the Police Federation conducted by Sir David Normington and calls upon the Government to take action to implement the report’s recommendations and to reform the Police Federation.
I spent a large proportion of the last decade defending the police one way or another, yet I have never experienced a time when public trust in the police was at a lower level. In my view that is a tragedy, both for the vast majority of decent officers who joined up to catch criminals and protect the public, but also for the wider public. We must deal firmly with those who bring the police into disrepute if we are to restore the reputation that most policemen properly deserve.
There was a similar crisis of confidence as far back as 1918-19 after the police strikes of those years, the first of which was called during wartime and caused a similar low perception of the standing of the police. That strike was ended after one day. The police were granted a considerable pay increase, but as a result, as a vital service they were forbidden both membership of a trade union and the right to strike. The Government effectively established the Police Federation in place of a union, to represent the concerns of police officers around the country. They gave it a statutory closed shop, which lasts to this day.
There is no doubt that the Police Federation had a noble beginning, and for many years it was a constructive force behind British policing, raising the reputation of the British copper to the position it ought to hold. Regrettably, the federation today is a bloated and sclerotic body, and has acquired the worst characteristics of the worst trade unions that we thought—and hoped—we had seen the end of in the ’70s.
Mr David Burrowes (Enfield, Southgate) (Con)
Police representation crosses boundaries. This is a matter for the police rank and file on the ground, whose confidence has been shaken, and for the public; and it is a matter for hon. Members on both sides of the House and should be beyond party politics. The federation has unfortunately engaged in party politics and has politicised itself by its actions. Does my right hon. Friend agree that hon. Members on both sides of the House need to express our concerns, and that it is therefore disappointing that there are Members in number on only one side of the House to engage in the debate?
Mr Davis
I accept one aspect of what my hon. Friend says. He has had cases relating to the misbehaviour of police officers in his constituency and has done a great deal to defend them, sometimes but not always with the help of the federation. [Interruption.] If the right hon. Member for Delyn (Mr Hanson) wants to speak from the Opposition Front Bench, I will happily take his intervention. The breadth of the appeal of the debate is an issue, but I do not want to make this party political. There are now two Members on the Opposition Back Benches and they have strong views—the right hon. Member for Tottenham (Mr Lammy) has tabled a motion jointly with me in the past, and the right hon. Member for Leicester East (Keith Vaz) is the Chairman of the Select Committee on Home Affairs. I would not make this a party political issue. Members on both sides of the House have something to gain from the police being truly apolitical and truly upholding our democracy rather than interfering in it in the wrong way.
Julian Smith (Skipton and Ripon) (Con)
Does my right hon. Friend agree that leadership comes from the top, and that the Association of Chief Police Officers has not led from the top? Many of the criticisms in the excellent report could also be made of ACPO.
Mr Davis
My hon. Friend has a point. I do not want to broaden the debate to include all police issues, but he is right. ACPO is badly constituted and should never have been set up in the way that it was. There are signs that ACPO should have done more to lead firmly. We saw that in the west midlands cases, where the various chief constables were perhaps not as strong in upholding justice as they should have been.
That brings me to the federation itself. I am talking primarily about the national federation, but also about some of the regions. I say that because some of the local federation organisations do a very good job on very thin resources to represent, as they properly should, the interests of their members.
Nevertheless, there are many criticisms to level at the federation, including that it is inefficient and wasteful. There is a duplication of tasks and structures. It is profligate, spending its members’ money on grace and favour flats and on huge bar bills. It is badly governed, with no apparent strong leadership to guarantee direction and stability. It behaves in a manner that sometimes brings police forces into disrepute by pursuing personal and political vendettas—the sort of things to which my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) has referred—against prominent public persons and bodies, and legal actions against private citizens, sometimes even the victims of crime.
After the Police Federation’s attack on my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), the view of the public, and damningly of the federation’s members, was that the federation had to change.
Mr Crispin Blunt (Reigate) (Con)
Given my right hon. Friend’s reference to our right hon. Friend the Member for Sutton Coldfield (Mr Mitchell), will he comment on today’s front page of The Times, which I am sure he has seen?
Mr Davis
I do not want to widen the debate and have a rerun of the Mitchell case, but I should say a couple of things about it. The House knows full well that I did not approve of the Leveson process—I strongly believe in a free press—but even I am astonished that, after Leveson, a police force has yet again leaked with an incredible spin a confidential document to which the victim in the case, my right hon. Friend the Member for Sutton Coldfield, has not had access. First, I expect the Metropolitan Police Commissioner to have a proper leak inquiry into that—I have told him that this morning. Secondly, an astonishing interpretation was put on the leak. The leak shows that an officer, four hours after attempting to stop my right hon. Friend going through the main gates of Downing street—this did not happen in a panic or a rush and was premeditated—wrote to his seniors not to say, “We have a security issue. Will somebody please have a conversation with Mr Mitchell to ensure he understands that we cannot let him through?”, which would have been the proper thing to do and what hon. Members would have done, but to set up a circumstance in which the situation would be resolved by a public confrontation at the front gate after the officer had ensured that his seniors supported him in doing so. If anything, that reinforces the story we were told by an anonymous whistleblower that this was a premeditated action. Today’s press coverage is not a good reflection on the police in two ways: it undermines their main case and it is something that they simply should not have done under these circumstances.
If the House will forgive me, I will try not to rest too much on the Mitchell case, because it is just one of many in which we have reason to be concerned about the role of the federation.
Mr Dominic Raab (Esher and Walton) (Con)
My right hon. Friend is right. Does he agree, as the Normington report sets out very clearly, that the Mitchell case is just one illustration of the, frankly, flagrant and endemic bullying and harassment that often goes on among the federation’s own members, whether online or in person? That is set out very clearly in the report.
Mr Davis
My hon. Friend—he is also an old friend—is entirely right. I will elaborate in some detail on some of those cases in a moment.
The federation chose a very good person to write the report. David Normington, a distinguished ex-permanent secretary at the Home Office, is a classic Whitehall mandarin. If anything, he is more tempted than most to be careful and sober in his language, and to pull his punches in his descriptions or at least to mitigate them. However, it is in the best interests of police officers across the country that we reveal very clearly, and perhaps in starker detail than Normington did, the extent to which the federation has failed.
Even in its sober language, the Normington report was, as my hon. Friend intimates, utterly damning of the federation’s performance. It made 36 recommendations, focusing on returning professionalism, democracy and efficiency to the Police Federation. To fully understand the extent of the problem, we should examine a number of areas where the need for reform is particularly apparent.
It is a matter of great concern that the Police Federation is as profligate as it appears to be. There are numerous examples of that. It spent £26 million building its Leatherhead headquarters. Frankly, that is extravagant enough to do justice to one of the London merchant banks at the height of the City excesses. The headquarters have a hotel, a bar, an indoor swimming pool and 11 grace and favour apartments. Even more outrageous is that, to pay for the extravagant cost, members’ subscription fees had to be raised by 23%. The federation’s officers, with their salaries still paid by their respective forces, receive salary enhancements of up to £25,000 from the federation. They are given those enhancements for doing what is, after all, an easier job than being on the cold streets of Britain on the night shift: sitting in their luxury headquarters, instead of performing public duties. I have been told that full-time federation officers have free use of the grace and favour flats and live on company credit cards. The purchase of large quantities of food and alcohol on those cards is apparently not uncommon.
To put a number on this, the accounts show a provision of £2 million in a tax dispute with Her Majesty’s Revenue and Customs. As I understand it, if that provision is to meet any tax liability, at a tax rate of 40%, that means that £5 million of claims have been made on perks, and perhaps unjustifiably claimed as a proper expense. That is astonishing.
In the newspapers only a couple of days ago a police widow—herself a serving police constable, if the report was right—said that federation officials treated memorial services, those most important and high-gravitas of occasions,
“like a drunken jolly, getting drunk on federation credit cards. Their drunken excess upsets families every year”,
so this is not an exception. I heard similar allegations about the behaviour of federation officials at conferences, at which bar bills of hundreds of pounds were again being charged to federation credit cards.
Mark Pritchard (The Wrekin) (Con)
Does my right hon. Friend agree that the money might be better spent restoring the damaged national police memorial, on the Mall, which remains broken and damaged, and that that would be a fitting tribute to the brave and dedicated police officers who form the majority?
Mr Davis
That is an extremely imaginative suggestion. I have my own ideas about what should happen with the money, but my hon. Friend’s idea should be taken into account.
In making these assertions, I have largely depended on whistleblowers—people who have bravely come forward, shocked at what they have seen—but police whistleblowers are particularly at risk and so are loth to enter the public domain, which makes it hard to check what they have said. As a result, I called on the federation to publish its expense accounts and live up to generally expected standards of transparency. I did this so that I could confirm or deny whether these claims were correct. As far as I am aware, the federation has not published these expense and credit card accounts, which leads me to believe that the whistleblowers are right.
It is up to the federation’s members to say whether they consider this profligacy acceptable, because mostly—but not entirely—it is their money, but they cannot make that judgment unless they know exactly what is being done in their name with their money. So that is another reason to have total transparency in these accounts. Yet another reason concerns my right hon. Friend the Member for Ashford (Damian Green), who as Minister for Policing, Criminal Justice and Victims represents the Home Office on the Front Bench today. We put taxpayers’ money into the federation—it is there properly to perform a function we want performed—so it might be the case that taxpayers’ money is being wasted at these conferences.
The federation appears to have a problem with transparency. It is telling that it failed to answer even Sir David Normington’s requests concerning the so-called No. 2 accounts used by the various branches. This money comes from selling insurance and then keeping a rake-off or commission, but so far the federation has not been willing or able to provide the information that Normington asked for. I understand that this probably accounts for £35 million of assets just sitting around the country. Again, this is money that belongs to serving police officers, not the organisation.
Contrary to the federation’s claims earlier this week, the full details of the 11 grace and favour apartments are not published in its accounts. I will not spend much time on this, but, to save colleagues time looking it up, I recommend they read note 3 of the federation’s accounts. It is the only reference to the apartments, but it does not contain what I would recognise as details telling us that these are grace and favour apartments used for the benefit of federation officers, with or without the approval of its members. It is clear that the federation does not know what transparency means, but it can only restore trust in itself if it imposes transparency on all its operations as a matter of urgency.
The federation’s use of funds raises another matter. It has formidable financial muscle. I guess its total assets come to about £70 million, the majority coming from subscription fees, but some from the No. 2 accounts. The last set of audited accounts showed the federation with a surplus, over and above all its costs and profligacy, of £3.5 million per annum.
In addition, we see in the costs that about £10 million was spent on administration, including the profligacies that I talked about. Most astonishingly, £8 million every single year was spent on legal actions. Furthermore, there are provisions against the loss of certain active legal cases—in one case, for up to £1 million. Other such provisions are for £350,000 or £450,000.
Let us understand something. The right hon. Member for Tottenham is here and will well understand that sometimes there are good reasons for the federation to act vigorously on behalf of its members. Big legal and individual interests will be in play in the Duggan case, and in such cases it is entirely proper that provisions should be made. I do not in any way criticise that element of legal defence, although I have to say that it should come about through an insurance function rather than through the discretion of a Fed rep. Never mind.
Such legal action is justifiable, but on many occasions aggressive litigation should not be carried out against those bringing complaints against the police. Chris Mullin, the distinguished predecessor of the Home Affairs Committee Chairman, has previously said that although most unions will not act on behalf of a member who is clearly in the wrong, the federation has a long track record of defending the indefensible and will gleefully launch claims against the victims of crime.
There are two recent examples of the federation’s appetite for litigation. PC Kelly Jones sued a burglary victim after she tripped on a kerb outside his garage and PC Richard Seymour sued another burglary victim after falling over a drain on his property. In both instances, it was the Police Federation that assisted in progressing the claims, despite the pleading of senior officers that such claims were detrimental to the image of the police force. This is based on press reportage, so I cannot be sure of it, but the federation has been accused of pressuring PC Kelly Jones into making her claim when she had no desire to do so. I hear from other whistleblowers that it is not uncommon for federation members to be actively encouraged to make claims that Members might find inappropriate. A particular concern—
Madam Deputy Speaker (Dawn Primarolo)
Order. I gently remind the right hon. Gentleman that the Backbench Business Committee recommends that the opening speech should last for 10 to 15 minutes. He has now been speaking for 20 minutes. Ten Members wish to participate, and there is another debate this afternoon. We are all hanging on the right hon. Gentleman’s every word, but he should bear it in mind that other people are involved. I would be grateful if he concluded soon.
Madam Deputy Speaker (Dawn Primarolo)
Order. I have to tell the right hon. Gentleman that that does not count; the 10 to 15 minutes are not qualified in any way. The right hon. Gentleman has been generous in giving way, but other Members will want a reasonable time to participate.
Mr Davis
I will be as brisk as I can, Madam Deputy Speaker.
I come to the most serious point of the debate: the bringing of defamation cases against people who disagree with the police’s version of events. There is no downside for a police officer when they pursue a libel action backed by the enormous resources of the Fed. That raises two distinct and concerning issues. First, action against the press, who must hold the police to account, is utterly against the interests of a fair and free society except in very clear-cut circumstances. Secondly, there is the action taken against members of the public, whom the police are charged with protecting, who disagree with the police’s version of events. That insulates the police from criticism and from being held to account for what they do. Such actions should not take place. If the federation is using its financial might to crush legitimate claims against officers or—worse—to pursue those who have already been subject to a police stitch-up, to take an extreme example, that huge injustice would compound existing injustices.
My next point is about the Normington report on politically motivated campaigns. It said:
“Throughout our inquiry we have heard allegations that some Federation representatives who have personally targeted successive Home Secretaries, Andrew Mitchell, Tom Winsor and others, bringing the Federation into disrepute and risking the police reputation for impartiality and integrity…If the Federation wants to be respected and listened to in the future, this has to stop.”
Such actions are completely unacceptable and contrary to the purpose of the Police Federation.
Finally, I turn to what should be done. As we consider whether progress and reform should be left to the federation, we should bear two simple points in mind. Are the interests of its officers, who have something to lose—a cushy job and good pay—or are the interests of the members being pursued? It is vital that the members themselves should be properly represented.
Last week, Fiona McElroy, a former principal private secretary brought in to help the federation achieve the reforms, was fired; her deputy also left the federation in outrage at her treatment. I ask the Minister to give the federation two ultimatums. First, it should immediately sign up to recommendation 1 and accept the revised core purpose to act in the public interest, with public accountability alongside accountability to their own members. Secondly, it should accept all the other Normington recommendations before its triennial elections this year, when it will lock in place a whole set of officers for another three years. If it does not do that, the Government will, I think, be properly authorised to intervene. In my view, if they do intervene, they should implement Normington-plus—put in place all the Normington proposals and in addition act to deal with the profligacy and misuse of public and members’ money.
Such a move, I am afraid, would mean selling the Leatherhead headquarters, centralising the money and giving back to members the funds that the federation has inappropriately used in the past several years. That would be about £500 a member and would still leave a viable federation. That is how we can make the Police Federation serve its members and, equally importantly, serve the public of the nation that its members are there to uphold.
Anti-social Behaviour, Crime and Policing Bill
David Davis Excerpts(10 years, 9 months ago)
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Damian Green
I am keen on this new version and consider it to be an improvement on the original version precisely because it does not require anyone to prove they are innocent, and it provides as unambiguous a wording as we can find to ensure we do not have years of judicial interpretation to come.
Mr David Davis (Haltemprice and Howden) (Con)
I assure the Minister I have not risen to intervene to ensure he takes an intervention from every other Member in the Chamber. Can he give me an example of a case that would not pass one filter but would pass the other filter, because I cannot think of one?
Damian Green
It would not be helpful to go into individual cases. I have given some examples of what requirements need to be shown for an applicant to receive compensation. What is required is that there must be a new fact that demonstrates that the applicant did not commit the crime. A Court of Appeal judgment that led to the quashing of an applicant’s conviction would have to show what the reasons were. Although I cannot give individual examples, I can tell my right hon. Friend that the reason could be new DNA evidence or compelling new medical evidence, or compelling new alibi evidence that shows the applicant was somewhere else at the time.
To address what lies behind a lot of the unease, let me say that it is fundamentally important to remember that we are legislating here for a compensation scheme that is based on specific eligibility requirements. These are designed to meet our international obligations which only require payment in exceptional cases. The Government believe this clause achieves that.
Everyone has been asking, “What’s the difference between the original clause and this clause?” Of course the substance is not different. However, we recognise that in this area language is very important, and precisely because of the emotion that surrounds the word “innocent”, there is a case for reviewing the reference to that word which has been so controversial, and that is what we have done. We have removed that word, which I hope adds to the clarity and lack of ambiguity.
Transforming Legal Aid
David Davis Excerpts(11 years, 2 months ago)
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Chris Grayling
The key to ensuring there is no miscarriage of justice is to make sure someone is properly legally represented. None of the proposals we have put forward have ever done anything to undermine the principle that in a trial somebody should have a properly qualified advocate of their choice to represent them, and that we must make sure that we have state of the art police and prosecution services—and my right hon. and learned Friend the Attorney-General is working hard to make sure we have a prosecution service that is as state of the art as possible. It is, of course, essential that we do everything we can to make sure there are no miscarriages of justice. Nothing in these proposals should mean that miscarriages of justice are more likely.
Mr David Davis (Haltemprice and Howden) (Con)
I welcome unreservedly the Justice Secretary’s response to the House’s concerns about the criminal justice system. What he has done in that regard has been excellent. However, I and other Members still have concerns about some of the proposals that have constitutional implications—judicial review, the residency test and so on. The Joint Committee on Human Rights is reviewing the Justice Secretary’s proposals. Will he wait until it reports before implementing the proposals with constitutional implications?
Chris Grayling
The JCHR wrote to me to ask about the timetable, but we tabled our proposals back in April and made it pretty clear what the timetable will be. Of course I will talk to that Committee, but we need to make progress on the financial side. We will shortly be carrying out a further consultation on judicial review matters. I am open to listening to all Members of the House on those elements we are consulting on, and those that require legislation will be fully debated in this House.
Criminal Legal Aid Reforms
David Davis Excerpts(11 years, 2 months ago)
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Karl Turner
I will address that point later in my remarks.
I am concerned about what seems to be an outdated concept, in the Government’s vision, of a Tesco-style justice system, but I still believe that the defendant is innocent until proven guilty. Surely we should be looking to protect that system. I add that these stereotypical clients are not the only people who seek criminal legal aid. Thompsons Solicitors, in its response to the consultation, made it clear that many who seek legal aid are people such as teachers, nurses and police officers, who are wrongly accused of assault or similar, and who need to clear their names and save their livelihoods.
Mr David Davis (Haltemprice and Howden) (Con)
I congratulate the hon. Gentleman on securing the debate. He has not mentioned a category of people who suffer a form of injustice greater than anything he has spoken about. Those people cannot defend themselves, either because they have died as a result of a state action—I am thinking of Baha Mousa, in particular, who was beaten to death by British soldiers—or because they are incarcerated by either British or foreign states. Such people, without legal aid, have no recourse whatever. There is no self-representation, because they cannot do that, and no cheap representation, as they cannot do that either.
Karl Turner
The right hon. Gentleman makes an extremely valid point, which I, again, want to address briefly in my remarks. I disagree with many aspects of the proposals—the right hon. Gentleman is correct—but as my hon. Friend the Member for Stretford and Urmston (Kate Green) said, denying prisoners access to legal representation simply goes against everything that a civil society should represent.
Defending prisoners is not a vote winner, but we live in a civilised society, and I believe that prisoners must have the right to legal representation. The reforms will essentially mean that justice stops at the prison gates and that prisoners are denied legal representation, if the Government plans go ahead. As colleagues have said, denying prisoners access to justice in the way that the consultation proposes seeks to save £4 million. In times of austerity, it would be flippant to say that that is peanuts, but actually, when I think about it, those efficiency savings come at what cost? For goodness’ sake—it seems incredible to me.
Karl Turner
The former chairman of the Criminal Bar Association put forward various suggestions in the Justice Committee evidence session. I happen to think that some of them are feasible. He talked about saving money in courts. In my experience, an awful lot of money is wasted in the courts system. Then there is the Crown Prosecution Service. I do not mean to criticise colleagues in the profession, but very often defence lawyers are blamed for delays and loss of court time when in fact it is the CPS, whose staff are rushed off their feet, overworked—in my area, the service is terribly understaffed—that causes the delay. There are all sorts of things that the Government could look at, but the reality is that the Lord Chancellor is simply not prepared to sit down and discuss them. I am hoping that the new chairman of the Criminal Bar Association, Nigel Lithman, QC, has the ability to persuade the Lord Chancellor to sit round a table and discuss the proposals.
Mr David Davis
First, let me help the hon. Gentleman with a reminder of some of the things that were proposed. There was a proposal for a levy on the commercial courts in London that would raise large amounts of money. There were proposals that the banks should pay for the fraud cases that make up a large part of what we are discussing.
I also want to ask the hon. Gentleman a question. The Law Society has come up with a proposal that maintains choice but still puts in place a bidding system— a rather more thoughtful bidding system, if I may so—a rolling three-year bidding system, which would keep in place some of the smaller specialised companies and so on. Does he think that that is a good route to go down?
Karl Turner
Absolutely. The right hon. Gentleman is absolutely right. The Law Society’s proposal, I think, is a much better alternative. To answer the point made by the hon. Member for Warrington South, of course I accept that efficiency savings have to be made across the board in Departments—I made that point earlier—but it seems to me that the Lord Chancellor has just gone off without really being prepared to consult. I think that we are talking about a period of two months. It seems to me—the Minister shakes his head, but this is the justice system. There are a lot of professionals involved. I think that the Government received 16,000 responses. Surely there was a requirement to have some form of proper consultation—I do not think that it was proper, frankly—so these things could have been discussed more properly.
I think—this point was also made by my hon. Friend the Member for Wrexham (Ian Lucas)—that what is proposed defies everything that the Conservatives allegedly stand for. It is contrary to all that they say they are doing to promote growth on the high street. The idea of savagely attacking small businesses seems barmy to me. Do the Tories not believe that small private firms are the backbone of our economy? It beggars belief that this policy will without doubt break the backbone of the legal profession and, in my submission, severely undermine local economies such as my own in Hull. Let me be very clear.
Legal Aid Reform
David Davis Excerpts(11 years, 5 months ago)
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Ian Swales (Redcar) (LD)
I rise to speak as a member of the Public Accounts Committee who is concerned about the effectiveness of the proposed measures, and as a constituency MP who is concerned about access to justice for my constituents.
We are told we have the most expensive system in the world, but only last year the National Audit Office found that the cost of our system was average, after accounting for variances in the role of the civil service and the judiciary, and the costs have been reduced since that finding. As a previous speaker said, 48% of our criminal legal aid costs are for 1% of cases, so why does the Ministry of Justice not look specifically at those cases in order to save money?
Mr David Davis (Haltemprice and Howden) (Con)
One of the misunderstandings in the mind of the public is that legal aid is a principal cost. In fact, our legal system costs half that of the Swiss and three quarters of the system in the other major European countries, and it delivers better results. Surely we should be proud of that?
Ian Swales
I am proud of that, and I am surprised by some of the comments from Front Benchers that seem to contradict what the right hon. Gentleman just said.
We also have a system in which tariffs vary widely across the country, sometimes paying twice as much for the same activity. Why does the Ministry of Justice not look into that? We often criticise the Ministry for not piloting its ideas, but they have tested this one by setting up five public defender services. They are proving to be three to four times as expensive as present local arrangements, and the one near me in Middlesbrough has already closed down. What has the Ministry learned and why is it planning to protect those offices from competitive tendering?
Mr David Davis (Haltemprice and Howden) (Con)
My name is on this motion not because I do not think we need to control the cost of legal aid—we do—but should it be done in this way and at this speed? I think not. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is barely complete, and has had no assessment. The consultation was extremely brief and we understand that the Government intend to place contracts in the autumn. Frankly, without primary legislation, the likelihood is that this business will be challenged in the courts. We will have more haste and less speed on the delivery of savings.
I want to deal with some fundamental points. This is not, as has been intimated, about the protection by silver-tongued lawyers of serial offenders: in the Crown courts in contested cases, half are found not guilty. What we are talking about, therefore, is providing justice to the innocent and to victims.
Mr Raab
Does my right hon. Friend agree that one of the discrete risks of allowing large firms to swallow up small firms may be a loss of small specialist firms capable of demanding the trust of specific local communities —in particular, practices representing victims such as in the Stephen Lawrence case and others?
Mr Davis
My hon. Friend makes a good point that I will return to later. He is exactly right—this is one of the likely unintended consequences of what is being proposed in the consultation.
In their efforts to cut legal costs overall, the Government are overlooking a far bigger cause of waste in the system than legal aid, namely the sheer inefficiency of the Crown Prosecution Service. In 2011-12, more than 123,000 prosecutions failed after charge because either no evidence was presented or the case was eventually dropped. The cost to the service, the courts and aborted defences was measured in tens of millions of pounds, not to mention the stress faced by people who were, presumably, innocent.
Mr Davis
If the hon. Lady will forgive, I am very tight on time. I will give way if I can a little later.
That does not tell the whole story, however. Time and again, we see trials delayed and extended by CPS incompetence. In my part of the world alone, the newspapers are littered with cases of lawyers not turning up, evidence not being presented and cases being adjourned again and again. I suspect we all have constituency cases just like that. This happens right across the country. We should not pretend that the legal aid system is a model of efficiency, but when it comes to finding savings and better, effective justice across the whole system, we should look first at the CPS itself before we let the axe fall again on legal aid.
I am yet to be convinced—this addresses the point made by my hon. Friend the Member for Esher and Walton (Mr Raab)—by Government assurances that the quality of legal aid providers will be guaranteed by a state body. This debate comes barely a week after the Care Quality Commission scandal. That demonstrates how difficult it is to guarantee the quality of complex intellectual services, which, of course, justice is. We should notice that even where the state has direct control—namely, the CPS and the Serious Fraud Office—it cannot guarantee quality there either. A judge in a recent murder case described the CPS lawyer as “completely inadequate”. The judge said that the lawyer cited old law, did not understand the current law, fell out with the prosecution team, and then simply did not show up on the following Monday. As a result, the trial had to be held six months later. If we cannot guarantee our own system and our own service, how are we going to guarantee 400 private operators around the country?
Mr Davis
The right hon. Gentleman is almost taking the words out of my mouth. I cannot believe that a Conservative Government are going to mandate how many companies and providers there should be. I know of no example in the world where a Government mandated the number of companies and then improved the efficiency of provision—not one. This is a Soviet proposal that I do not want to see. I do not mind if there are better ways of finding efficiency—as has been said, that is what we must find—but please do not lay down laws like that.
I wish briefly to discuss a couple of other troubling issues in the consultation document, the first of which is the 12-month residency test. That could deny justice to people who have suffered because of the actions of the UK Government—under UK jurisdiction—which we are responsible for resolving. Just to mention cases in which I have been directly involved, I can cite those of Binyam Mohamed, Serdar Mohamed, Yunus Rahmatullah, who is still in Bagram prison, and Baha Mousa. We are talking about: people who were subject to torture in which Britain was complicit; an innocent man beaten to death by British soldiers; people who have been rendered—and still are—to other countries; people who have been handed over to our allies—[Interruption.] From a sedentary position, my hon. Friend the Member for Esher and Walton mentions de Menezes, who was shot, although accidentally, by the British Government. All those people would be denied their justice. More important, given that in many of those cases the person is deceased, the British people would not know about the misdemeanours of their own Government.
That brings me to my final point, which is about judicial review. I sympathise with Ministers who find it irksome that we have so many judicial reviews, but the Government are in danger of getting themselves a reputation for wanting to act above the law. Irksome as it is, judicial reviews are what keeps British Governments honest—it does not matter of which party or of which origin, they keep the Government honest. I say to the Government that before they strike down these things at their own convenience, they should think again, come back more slowly and present this House with some primary legislation we can then be proud of.
Leveson Inquiry
David Davis Excerpts(11 years, 11 months ago)
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Mr David Davis (Haltemprice and Howden) (Con)
The right hon. and learned Lady has a strong and honourable history on this matter. Earlier this year, she spoke to the Oxford convention and announced she was firmly in favour of press freedom. She said:
“Because the press are now in the dock, it looks like special pleading from a vested interest when they make the case for press freedom. That’s why it is all the more important that politicians must insist on the freedom of the press.”
What has changed?
Voting Eligibility (Prisoners)
David Davis Excerpts(12 years ago)
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Chris Grayling
I welcome the right hon. Gentleman’s comments. I think it is worth recalling that when the convention was written, back in the 1950s, Stalin was in power in Russia and people were being sent to the gulags without trial. That is what the convention was all about, but over the past 50 or 60 years the Court has moved it away from those fundamentals, and into a territory that many of us find deeply unsettling and wrong. I think there is a compelling case for reform, but while the current situation continues, we must none the less respect the laws of which we are part, and put to Parliament the questions that I am putting to it today.
Mr David Davis (Haltemprice and Howden) (Con)
As the right hon. Member for Blackburn (Mr Straw) has just demonstrated, this is a non-partisan, parliamentary issue—a matter of debate across the House. In that context, I congratulate my right hon. Friend on doing exactly the right thing in the Bill and handing the decision back to Parliament. I am sure, given the debate that the right hon. Gentleman and I secured some time ago, that the House will effectively decide on the status quo, but that is for the House to decide. If that is what the House decides, does he accept that it will set a precedent, and that every time the European Court goes beyond the remit set by the treaty, to which we did sign up, Parliament will reserve the right to correct it and put things back into proper law?
Chris Grayling
My right hon. Friend has set out clearly the legal position: Parliament has that right. It has been endorsed in the comments made to a Committee of this House by the Attorney-General, as it was in the House of Lords 13 years ago by Lord Justice Hoffmann. That is the legal position—Parliament is sovereign, and long should it remain so.
Oral Answers to Questions
David Davis Excerpts(12 years, 4 months ago)
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Nick Herbert
I would be very happy to meet the hon. Lady to discuss that issue.
Mr David Davis (Haltemprice and Howden) (Con)
On 4 September, the European Court of Human Rights will hear the case of Nadia Eweida v. the United Kingdom Government. I understand that the Government are resisting the case. Miss Eweida is the lady who effectively lost her job with British Airways for wearing a cross, a symbol of her religion, at work. Is it any part of the British Government’s policy to support the denial of people’s religious rights at work? If not, will we reconsider our position on that case?
Mr Kenneth Clarke
I will consult the Attorney-General, who is no doubt preparing the Government’s defence in this case. This is obviously a hugely difficult issue; the case has gone through the courts here and is now going to be heard in Strasbourg. Whatever one’s feelings about the narrow facts of the individual case, there are wider issues about the enforcement of religious rights in employment, and I have no doubt that they will be properly canvassed. I will consult my right hon. and learned Friend the Attorney-General.
Defamation Bill
David Davis Excerpts(12 years, 5 months ago)
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Mr David Davis (Haltemprice and Howden) (Con)
I, like my right hon. and learned Friend, am hoist with two petards: one is my belief in the principle of jury trial; the other is the practicalities that he quite rightly outlines. What I want to understand in his description of the Bill is under what circumstances a jury trial will be triggered. What are the criteria that will trigger a jury trial instead of a judge-only trial?
Sadiq Khan
I associate myself completely with the hon. Gentleman’s comments. I will come to Dr Wilmshurst, the cardio surgeon he mentioned, shortly.
I pay tribute to the work done by the Joint Committee that considered the draft Bill under the chairmanship of Lord Mawhinney. I will come later to some of the excellent conclusions reached by the Committee, some of which have not been adequately addressed in the Bill. I also recognise the hard work of Lord Lester in his original private Member’s Bill.
Finally, I pay tribute to this Government for running with libel reform despite a change of Administration. New Administrations do not often stick with plans that are not wholly their own; this one has. This is not a partisan issue but a problem that needs rectifying. I commend the way in which the Government have gone about doing so and the pre-legislative scrutiny that has been carried out. I commend the Justice Secretary for taking on the baton of reform and ensuring that time was made available in this Session for a Bill to be brought before us.
Time in this House is precious, and using that time for legislation should be done only when there is a clear and demonstrable problem that needs new laws or a change in existing laws, especially when the subject is uncontroversial. Our libel laws deserve this attention, and it is right that we seek to update them. Libel laws were first established in statute through the Libel Act 1843. Since then, only limited changes have been made through the Defamation Act 1952 and the Defamation Act 1996. The law on defamation has primarily been developed by judges via case law.
As with many elements of our legal system, legislating on defamation is about calibration. We must calibrate correctly the balance between freedom of expression and the protection of reputation. Freedom of expression is one of the essential foundations of a free and open democratic society: citizens must be free to express their opinions and views on issues, people and organisations. However, there are limits to the freedom to express opinions. Freedom of expression does not trump everything else. Indeed, in the Human Rights Act 1998, it is a qualified right. It must be balanced against the impact that the expression may have on the reputation of those affected. That is obvious.
The besmirching of reputations without supporting evidence, perhaps for vindictive reasons, is something that society should rightly guard against. That is why we have defamation laws. They are a deterrent against the unwarranted or vindictive expression of opinion, and provide recourse for those who have suffered damage to their reputation. Exactly where the line is drawn between what causes injury to reputation and what is simply the expression of free opinion is not clearly defined, nor could it be. There will always be the need for discretion at the interface of those two opposing tenets.
That said, there has been growing concern in recent years that our libel laws have not kept pace with the changing nature of society. Some have expressed concern that the balance has become too tilted towards protecting reputations, at the expense of free speech, leading to a chilling effect whereby the legitimate right to speak freely and openly is inhibited or discouraged by the threat of legal sanction. Others are worried that England and Wales have become a destination for libel tourists because our perceived claimant-friendly environment attracts litigants who are unwilling or unable to pursue cases in Europe or the USA. Technology, through the expansion of the internet, has transformed the way in which comment and opinion are disseminated in a way that the world has never before witnessed.
Our overriding objective must be to ensure that people from all backgrounds have access to the legal system, should they be genuinely defamed. The chilling effect is underpinned by the system appearing to be out of reach for many people. We therefore risk a dangerous skewing of the balance away from freedom of expression and towards those seeking to protect reputations. The Defamation Bill should leave us with laws that are clearer and more proportionate.
I will now discuss specific provisions of this relatively short Bill, which contains only 16 clauses. Clause 1 will introduce the hurdle of “serious harm” and states that a statement does not defame
“unless its publication has caused or is likely to cause”
serious reputational harm. That is sensible. That hurdle is intended to prevent mundane actions that can cost considerable amounts of time and money to head off. We want to discourage trivial claims.
However, how does “serious harm” differ qualitatively from harm? On that, the Bill is not clear. My right hon. Friend the Member for Tottenham (Mr Lammy) has illustrated some of the problems. Case law refers to a “threshold of seriousness” in determining what is defamatory. To provide genuine protection against trivial cases, we need greater clarity. Otherwise, vexatious claims will not be tackled. The Law Society, of which I am still a member, is concerned that this higher hurdle is likely to inhibit many people in making valid attempts to protect their reputation. That is one issue that I hope the Committee will clarify when the Bill moves upstairs.
Mr David Davis
This matter was raised with my right hon. and learned Friend, the Secretary of State by the hon. Member for North Antrim (Ian Paisley). Does the right hon. Gentleman agree that the measure of serious harm for a corporation or large profit-making body should be very different from that for a small company or less well-off individual, and that as a result the provision should act as a deterrent against big companies using libel laws as a bullying mechanism?
Sadiq Khan
As the right hon. Gentleman will know, the Joint Committee looked into that issue and wanted a first hurdle before a corporation could sue. The Government decided not to accept that recommendation. He raised the example of corporations. The use of defamation laws by corporations has a chilling effect, especially given the inequality of arms. I am sure that that issue will be teased out and clarified in Committee, given the expertise that it will have.
As has been said, clauses 2 to 7 set out the defences that will be available to a claim for defamation. Some simply replace and codify common-law defences, while others provide new defences. I wish to touch on some of those defences.
Clause 4 is intended to address responsible publication of matters of public interest, the so-called Reynolds defence. That is a defence of responsible journalism in the public interest. The clause will abolish Reynolds and codify the factors that a court may consider when judging whether a defendant has acted responsibly.
I am aware that some groups, including the Libel Reform Campaign, are unhappy with the clause, believing that the Government have not gone far enough, that the defence is too time-consuming and expensive, and that it is unreliable because defendants are often required to clear a series of complex hurdles to gain legal protection. They also believe that it will simply freeze the Reynolds defence at the current point in time. There is genuine concern that subsequent case law may develop based on what is in the Bill. Would a “son of Reynolds”, as it were, be in the best interests of our defamation laws? We will need further debate and discussion on that important issue, and I look forward to that in Committee.
As has been said, clause 5 is intended to address defamation involving websites. It creates a new defence for operators of a website when a defamation action is brought against them in respect of a statement posted on that website by a third party.
Data Protection in the Areas of Police and Criminal Justice (EU Directive)
David Davis Excerpts(12 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
I beg to move,
That this House takes note of European Union Document No. 5833/12 and Addenda 1 and 2, relating to a Draft Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data; and supports the Government’s recommendation not to exercise its right to opt out of this draft Directive under Protocol 19 of the Treaty on the Functioning of the European Union (The Schengen Protocol).
The motion stands on the Order Paper in my name and that of my right hon. and learned Friend the Lord Chancellor.
I welcome the opportunity to debate the proposed data protection directive, which the European Commission published on 25 January. The directive would repeal and replace the 2008 framework decision on data protection in the police and criminal justice sector. It is an important instrument for law enforcement in this country and across the European Union, and it is right that this House is given the opportunity to consider the effect of the proposals on both the security and the freedoms of UK citizens. The debate fulfils the commitment made by my right hon. Friend the Minister for Europe to seek Parliament’s views on an opt-in decision in justice and home affairs matters, as well as opt-out decisions under the Schengen protocol, and I am keen to hear the views of right hon. and hon. Members.
Mr David Davis (Haltemprice and Howden) (Con)
In the Ministry of Justice’s impact analysis, the summary is that the overall impact is
“likely to be substantially negative”.
Given that, can the Minister explain why he does not want to opt out?
Mr Blunt
I will deal with that, but in deciding whether to exercise the opt-out, the Government looked at the most pessimistic reading of events. The conclusion to which my right hon. Friend refers has been before the European Scrutiny Committee, but that impact assessment does not take into account some of the consequences that would flow if we exercised an opt-out. I shall talk about those consequences later in my speech, but they include negotiating all the bilateral data protection arrangements that would be required were we not party to the directive.
Having held the responsibility of Europe Minister, my right hon. Friend, of all people in this House, will understand the complexity of the legal basis—complexity that has increased considerably since he and I were serving in the Foreign Office together, I as a special adviser and he as a Minister. If he will forgive me, I will get my arguments on the record, give right hon. and hon. Members the opportunity to contribute in the light of that, then respond to their remarks at the end of the debate. I will therefore resist taking too many interventions. This area is complex enough without adding further to that complexity—