Counter-Terrorism and Security Bill

Debate between David Heath and Mark Field

Tuesday 6th January 2015 Commons Chamber

[Mark Field]

Unlike many of my colleagues I am more sympathetic to the Government’s position than others, although I respect the deep concerns felt across the House about broad issues of civil liberties. I have less concern about the temporary exclusion order being down to Executive authority, and in many ways the accountability of any Minister to come to the House and justify their actions counts for quite a lot.

The right hon. and learned Member for North East Fife (Sir Menzies Campbell) referred to the protection only of judicial review. If it were still down to old-fashioned Wednesbury principles I could accept that, but judicial review is now a rather broader body of law than was perhaps the case in the 1940s. It is now pretty substantial, which provides enough comfort—at least to my mind—for us to go down that route, rather than requiring the oversight that would come through David Anderson QC.

[Mr David Heath (Somerton and Frome) (LD)]

Does the hon. Gentleman accept that judicial review can look only at the process of reaching a decision, but that judicial oversight would be in a position to take further evidence on the correctness of the decision? Surely that is appropriate to these circumstances.

[Mark Field]

That is the principle of judicial review, as the hon. Gentleman is well aware, and judicial activism has put matters well beyond that particular point.

I have two more brief observations, and I have some sympathy with the hon. Member for Perth and North Perthshire (Pete Wishart), who is not currently in his place. My concern from the various whisperings around the Chamber in the last couple of hours is that the Government are trying to find some way of backtracking in the House of Lords on this matter. I think it would be a great discourtesy to this House if that came to pass. If we are to have a proper debate on this issue, it should be through the elected House as far as possible, rather than showing a bit of leg and letting things happen in the House of Lords. We shall see what the Minister has to say and how matters proceed in the other place.

I have one brief observation about all these issues and this sort of legislation, which is close to all our hearts. Governments of both colours are perhaps too utilitarian and practical in their outlook on such issues, and at times they need to take a broader view. The right hon. Member for Delyn (Mr Hanson) referred to our international reputation, and I could not agree more. Our international reputation on these issues counts for a hell of a lot, and on the 800th anniversary of the Magna Carta there is a sense in which the rule of law has been an important part of what we have been able, in terms of values, to turn out to much of the rest of the world.

I was also struck by the Snowden revelations made by Angela Merkel at the Reichstag, which recognised those states in the west that pride themselves on the values that have played an important part in developing human rights across the globe, affecting all 7.5 billion citizens of the world. We must watch and ensure that what we do does not set a precedent and an opportunity for dangerous dictators to utilise the fact that the rights of individuals have apparently been run over roughshod. There is no doubt in my mind that what is proposed in the Bill is necessary, but it is open to some debate whether some elements of it are entirely proportionate. It is a delicate balance. My instincts often are on the side of liberty on these issues. More often than not, it is right that we have some form of broader judicial oversight. As someone who is on the Intelligence and Security Committee, I recognise the importance of parliamentary oversight for some of the very important issues that require a focus on terrorism. I think the Government have broadly got it right in this regard. I hope the Minister will pay due attention to the concerns that have been raised and that, if there is to be backtracking, courtesy will be shown and it will come to this House rather than being left to another place. We have had an important debate, with contributions from Members on both sides of the House. The Minister should pay very close attention to the concerns that have been raised today.

Members’ Salaries

Debate between David Heath and Mark Field

Monday 21st March 2011 Commons Chamber

[Mr Heath]

We shall do so when IPSA and the House are ready, and it will be done shortly. We have already given that reply, and I repeat it again. Incidentally, may I tell the right hon. Member for Leeds Central (Hilary Benn) that he will soon receive a reply on pensions, but we have made it clear that MPs’ pensions will be informed by the Hutton review in exactly the same way as pensions in the rest of the public service? It is a matter that the House will soon have the opportunity to discuss.

I was extremely disappointed by part of the contribution from the hon. Member for Cities of London and Westminster (Mr Field) in which he appeared to impugn the integrity of my right hon. Friend the Leader of the House. That is entirely regrettable and unjustifiable, given his record in opposition and in government, and I hope that the hon. Gentleman will take the opportunity to withdraw that suggestion.

[Mr Mark Field]

I was simply trying to inform the House of events that took place two years ago, and was in no way trying to impugn the integrity of my right hon. Friend the Leader of the House. I was just pointing out that in his former guise he had made the case for independent reviews very strongly in amendments that he had tabled, and I hoped that he would do the same again.

May I briefly ask the deputy Leader of the House whether, if there is a salary freeze in the public sector from April 2013 to April 2014, he will do his best, once MPs’ salaries are in IPSA’s hands, to stop IPSA putting up those salaries, despite the fact that, by that stage, IPSA will be the entirely independent body that he believes the SSRB is not?

[Mr Heath]

I did not hear the hon. Gentleman say what he said that he had said about my right hon. Friend—I heard something quite different—but we shall have to look at the Official Report to be sure.

Once IPSA has control of Members’ salaries, it will be entirely independent and it will not be for me or for anyone else to tell it how to do its job. Independent assessment is right—we all agree about that. In principle, Members of Parliament should not vote on their own pay. But in a House that does not flinch from having an opinion on the remuneration of others, we cannot just ignore the perception or consequences of an increase of our own pay.

Publication of Information about Complaints against Members

Debate between David Heath and Mark Field

Thursday 2nd December 2010 Commons Chamber

[Mr Mark Field (Cities of London and Westminster) (Con)]

Will the Minister give an assurance on the Floor of the House today that, whatever the Government come up with on the recall of Members of the House of Commons, there will be a parallel process for those from the other House who offend? Clearly they cannot be recalled, because they are appointed through a process of patronage rather than elected by the public. Can he assure us that they will also be held to account, in a way that they palpably have not been on their expenses scandals, which I suspect are still at a relatively early stage?

[Mr Heath]

The hon. Gentleman raises an extremely important point. Again, I do not want to pre-empt draft legislation that has not yet been put before the House and is under consideration. As he knows, an all-party body is considering the matter of House of Lords reform, but I believe that I can, without betraying any confidences, say that it is very much in our thoughts that there has to be a process of recall for both Houses of Parliament, and for other senior elected offices, which is broadly compatible. What we should not have is a different regime in different circumstances where wholly different considerations apply. If the public are to have a power of recall, it must be applicable to senior decision-making positions in elected office across the piece. I believe that that would include the upper House but, as I say, it is not for me to pre-empt the draft Bill that I hope will be before the House early next year.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Mark Field

Monday 25th October 2010 Commons Chamber

[Mr Heath]

I am not suggesting that that would be the case. I am picking up on points made during the debate, which I think is part of the job of a Minister responding to a debate. The hon. Member for Foyle expressed the hope that a reduction in the number of Ministers in the House of Commons would not result in an increase in the number of Ministers in the House of Lords. I suggested that I agreed with his view. The hon. Member for Harwich and North Essex does not agree with it. So be it. That is the nature of debate.

[Mr Mark Field]

The Deputy Leader of the House has made it clear that he wishes to respond to the contributions made in the debate. I think that one of the most important contributions, with which I entirely concur, came from the hon. Member for Slough (Fiona Mactaggart). She considered it highly regrettable that a Bill of such constitutional importance was being rushed through so quickly and so early in the Parliament, in a way that gave the public—certainly those who are interested in these matters—the impression that it was being introduced simply to keep in place the current arrangements introduced by the current coalition. She suggested that it was solely a result of the electoral arithmetic that obtained in May 2010, rather than having been introduced in the long-term interests of Parliament for decades and, indeed, centuries ahead.

[Mr Heath]

That is a Second Reading point, but it is not a point that I agree with or accept in any way. We have already had extensive debate on the timing of the Bill; I believe we have given that subject a substantial amount of debating time. The most important point is that it is necessary to make rapid progress on the Bill if we are to have in good order both the referendum and the boundary changes suggested in the Bill.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Mark Field

Wednesday 20th October 2010 Commons Chamber

[Mr Heath]

I justify that very easily by the fact that Welsh constituencies are much smaller than constituencies in the rest of the country, and the Bill will equalise representation, as I thought we had established. As I keep on reminding the House, the existing position is that the hon. Member for Rhondda—I choose his constituency only because he happens to be sitting on the Opposition Front Bench—has 51,000 electors, my constituency has 82,000 electors and there is a difference of almost 30,000 between the two. That cannot be justified.

[Mr Mark Field]

I very much agree with everything that the Minister says about the equalisation of constituencies. Can he therefore justify why any exceptions are being made?