Easter Recess: Government Update

Debbie Abrahams Excerpts

Tuesday 19th April 2022 Commons Chamber

[The Prime Minister]

The best and most decent thing we can all do is help our constituents with the issues that matter most to them, and the hon. Lady mentions the No. 1 and No. 2 issues.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Trust and confidence in our democracy is at an all-time low. Does the Prime Minister accept his part in that lack of confidence and trust? Should we not put the ministerial code on a statutory footing, and have it underpinned by the Nolan principles, in the same way that it is in the devolved Governments?

[The Prime Minister]

I repeat what I said earlier: there could not be a clearer expression of the robustness of our democracy than that all of us must be held to account. I have been held to account, and I apologise very sincerely.

Appointment of Lord Lebedev

Debbie Abrahams Excerpts

Tuesday 29th March 2022 Commons Chamber

[Michael Ellis]

To return to where I started, there are so many issues that affect people’s lives that we could be debating today, for example: my right hon. Friend the Chancellor of the Exchequer’s income tax cuts, the first in 16 years; the 5p cut in fuel duty; or my right hon. Friend the Education Secretary’s plans to make sure that any child who falls behind in English or maths gets the support they need to get back on track. I find it surprising, at the very least, that the Opposition have chosen this particular motion, one that, at best, would compromise the ability of an independent body, which is respected for its independence, to fulfil its mandate simply to make a short-term political point. At worst, it would be negligent of the long-term consequences to the key role of the House of Lords in scrutinising the Executive and being a revising Chamber, and the valued expertise and specialist knowledge and experience of its Members.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I think lots of my colleagues would say that we have tabled the motion because it gets to the heart of who we are as a country and a democracy. Given the Prime Minister’s long-term relationship with the Lebedev family, what does the Minister think it looks like not to have published the Intelligence and Security Committee report before the 2019 general election?

[Michael Ellis]

That is not relevant to this debate. I will tell the hon. Lady what this debate looks like: it looks like the Labour party is focusing on an individual because of who he is. It is doing so unfairly and improperly, and it is seeking to break a process. The reality, as we have heard, is that Labour Members have also supported this individual, socialised with him and sent him messages of support. There is nothing wrong with that. I do not criticise Labour Members if they have sent supportive text messages to Lord Lebedev. I do not criticise anyone in this House for doing so. As the owner of newspapers, no doubt he interacts with a large number of individuals, even though he is a Cross Bencher. What I criticise, and what I urge the House to exercise with considerable caution, is how it looks to attack an individual because of his heritage or because of his extraction. That is the key point.

The other key point to make here is that confidentiality in respect of the process ensures that it operates in the interests of the Labour party and the Conservative party, and that the process of appointing peers of this realm is a fair and dutiful one. The probity and the confidence of the system would be compromised if we broke it. If we said that henceforth we cannot ask people to send in confidence their opinions of individuals whom the Leader of the Opposition or the Conservative party have put forward for a peerage, anyone would know in future that if they wrote to the commission in confidence it could then be out in the public domain. They would not do it and that would damage the process. I would have thought that is rather obvious.

The Government believe that to ensure the ability of the commission to conduct robust vetting and to provide advice that is not compromised, the process should continue to be conducted confidentially, with disclosure at the discretion of the Prime Minister, who is ultimately responsible for making recommendations to Her Majesty on appointments to the Lords, or of the commission, as a body independent of Government and responsible for the vetting of nominations.

Before I sit, I would like to address, if I may, the use today of the Humble Address procedure. The House itself has recognised the need for this process to be used responsibly. The Government response to the Public Administration and Constitutional Affairs Committee’s 15th report said:

“The Government therefore agrees with PACAC that this device should not be used irresponsibly or over-used.”

The Procedure Committee observed in its May 2019 report:

“The House, by its practice, has observed limitations on the power: it does not use the power to call for papers which Ministers do not have the authority to obtain, nor does it use it to obtain papers of a personal nature.”

That is a fundamental point. Today’s motion is a breach of that process. It demonstrates why the motion is unwise and irresponsible. Motions such as the one before us today crystallise the potential tension between the use of the Humble Address procedure and the responsibility of Ministers not to release information where disclosure would not be in the public interest. We have heard it said that the particular peer himself does not mind whether that information is released, but I submit that that is irrelevant. What we seek to do is protect the process, more than the individual, and that verifies that. The responsibility of Ministers, which I take very seriously, is carefully to balance and weigh up the need for the transparency and openness that we all try to achieve against the equally important, long-standing and competing principle in respect of data protection legislation, which the motion challenges. The Government reiterated, in our response to the Procedure Committee report, the principle of restraint and caution in recognition of the importance of ensuring that the wider public interest is protected.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Lee Anderson (Ashfield) (Con)]

5. What progress he has made on bringing forward a Bill of Rights.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

15. What steps he is taking to reform the Human Rights Act.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

21. What recent discussions he has had with Cabinet colleagues on reforming the human rights framework.

--- Later in debate ---

[Dominic Raab]

My hon. Friend is bang on; he speaks in a very straightforward way, but I think that is what the public expect. We are not talking about undermining the fundamental freedoms—in fact, we are going to strengthen them, including free speech. We are making sure that those who do us harm or have been convicted of serious offences can be returned home without elastic interpretations of rights scuppering the process.

[Debbie Abrahams]

Contrary to the comments of the last questioner, the Law Society has said that the Government’s Human Rights Act proposals

“do not recognise the significant benefits that have been achieved…through the HRA”,

while the General Council of the Bar says that the HRA

“has worked and continues to work well.”

Given that those who work in our justice system reject the need for changes and only despots and tyrants like Putin object to human rights other than their own, why does the Justice Secretary not scrap these proposals and stop wasting taxpayers’ time and money?

[Dominic Raab]

We are of course familiar with the views of the Law Society and others but respectfully disagree, and in the end it is not solely our job to listen to legal practitioners, important as they are, or indeed to serve their interests, but also to stand up for victims and the public and make sure we have a common-sense approach to justice. [Interruption.] I respectfully disagree with the hon. Lady; she might want to put herself on the side of the criminals, but we will put ourselves on the side of the victims.

Oral Answers to Questions

Debbie Abrahams Excerpts

Wednesday 2nd March 2022 Commons Chamber

[The Prime Minister]

That was, of course, one of the subjects that I discussed this morning with Volodymyr Zelensky. Many people looking at it will wonder why it is impossible to interrupt the progress of those tanks with airstrikes from a drone, for instance, which we know that the Ukrainians have. Technically and militarily, however, it turns out that, unfortunately, it is not as easy as people might think. The tragic reality is that Vladimir Putin is going to continue to grind his war machine forwards if he possibly can. That is why it is vital that we continue the military support that we are offering and that, together with the United States and all our friends and partners in the west, we intensify and accelerate the programme of economic sanctions that is already hurting.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Q10. London is known as the world’s capital for corrupt Russian money. Some £100 billion a year is awash in our country. The scale of that corruption could not happen without what the Intelligence and Security Committee describes as the “enablers”—the lawyers, accountants, PR specialists and so on—including those who challenge our brave independent journalists for identifying them. The Prime Minister did not fully respond to the hon. Member for Isle of Wight (Bob Seely) about how he will tackle the activity of those enablers who have, for too long, been corrupting the rule of law in our country.

[The Prime Minister]

With great respect, let me repeat and reinforce what I said to my hon. Friend the Member for Isle of Wight (Bob Seely). The legal profession and everybody involved in assisting those who wish to hide money in London and in assisting corrupt oligarchs have been set on notice that their actions are under scrutiny. If they break the law, and if they undermine the interests of this country and advance the interests of Putin’s war machine, they will pay a price.

Ukraine

Debbie Abrahams Excerpts

Thursday 24th February 2022 Commons Chamber

[The Prime Minister]

My hon. Friend is completely right. It is why one of the first things we did was to strengthen our presence in Estonia in the way I described, and why our Canadian friends are strengthening their presence in Latvia. We will make sure that we give the Baltic states, which seceded from the Soviet Union to become free and independent in that amazing moment, all the security they deserve.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

There is overwhelming evidence that Russian state actors have been involved in trying to disrupt and destabilise western democracies by using social media platforms such as Facebook. What are the Government doing to ensure such platforms are not used in these events?

Sue Gray Report

Debbie Abrahams Excerpts

Monday 31st January 2022 Commons Chamber

[The Prime Minister]

I want to say how passionately, vehemently and emphatically I agree with my hon. Friend’s remarks, which I could not quite hear. He is completely right. That is the priority of the British people and that is the priority of the Government.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

As limited as the Gray report is, the findings are still incredibly damning. There are multiples issues related to failures of leadership and judgment. Given that the Nolan principles and standards of public life describe the centrality of integrity, honesty and leadership, how can the Prime Minister continue?

[The Prime Minister]

I really think that the hon. Lady needs to read the report carefully. I am afraid that the conclusions she has drawn are not ones that I support. We are following Sue Gray’s advice and changing the way that No. 10 runs. We are going to do things differently, but I cannot agree with what the hon. Lady says.

Human Rights Legislation

Debbie Abrahams Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

Let me be clear that, as we have set out at some length, there are some things that we cannot do. We cannot send people back to the arms of a torturing tyrant in violation of article 3. Even if we came out of the European convention, there would be other international treaties and frankly, morally, I do not think that is the right thing to do. The reality is, however, that the majority of the challenges that we have had—70% of those in relation to foreign national offenders—have come under not article 3 but article 8. That is a good example of why this reform will be meaningful and far-reaching, and will have the support of our constituents.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My fear is that the consultation on our Human Rights Act is more about giving more power to the Executive and there being fewer challenges to it than about meaningful reform. Will the Justice Secretary answer my earlier question on which of the following breaches of human rights, on which the courts ruled that the Government could be challenged, will no longer apply: rights against torture, rights against medical experimentation on British military personnel, or rights preventing discrimination against disabled people?

[Dominic Raab]

Of course it is right to say that in none of those areas will our reforms prevent accountability through constituents being able to bring cases to the courts. I will correct the hon. Lady on a broader point. If she looks at the consultation, she will see that it is not about accumulating authority or power to the Executive; it is about the separation of powers between the judicial and legislative branch. As the goalposts shift on human rights, which is fundamentally a legislative function, hon. Members on both sides of the House should be responsible for that, and ultimately should be responsible to our constituents for that.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 14th December 2021 Commons Chamber

[Tom Pursglove]

I am very grateful to my hon. Friend, who is a very passionate advocate for her constituents on these matters. It is worth pointing out that more than £1 billion has been allocated to boost capacity and accelerate recovery from the pandemic in courts and tribunals, and we have been able to reopen more of our existing court estate. The Nightingale courts provide additional capacity for the Crown court either directly or by hosting other work, which makes space for jury trials on the existing estate. These temporary courts supported our recovery, and that is why we extended their use until the end of March 2022. Decisions on future spending will be subject to ongoing spending review allocation discussions, but her point is very much heard.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T1.   If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Over the last month, I have visited HMP Isis with my right hon. Friend the Prime Minister, and the South Essex Rape and Incest Crisis Centre. We have launched a White Paper on our prisons strategy and a consultation on a new victims law. I have also met Lissie Harper, and I have announced Harper’s law to bring in mandatory life sentences for those who unlawfully kill emergency workers in the course of their duty.

[Debbie Abrahams]

The Justice Secretary’s book “The Assault on Liberty” attacks the Human Rights Act 1998 for having “opened the door” to challenges against the Government, so in his drive to amend the Human Rights Act, which rights does he want to stop—rights against torture, rights against medical experimentation on British military personnel or rights preventing discrimination against disabled people in our social security system?

[Dominic Raab]

I shall be making a statement to the House on our plans for reform of the Human Rights Act and its replacement with a Bill of Rights shortly. I am sure the hon. Member will listen to that and contribute.

COP26

Debbie Abrahams Excerpts

Monday 15th November 2021 Commons Chamber

[The Prime Minister]

The most important tool we have now is transparent data. We agreed the Paris rulebook, so people will not be able to evade their obligations. The data will be there for all to see, and we will hold them to account.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I add my voice to those calling for urgent climate justice reparations for the least-developed countries. They have had a collective slap in the face, in conjunction with the cuts in development funding. In the new planning framework, will the Prime Minister be ruling out fossil fuel developments?

[The Prime Minister]

We want to move beyond coal. We will have no more coal from 2024, and around the world we are no longer investing in fossil fuels.

Judicial Review and Courts Bill

Debbie Abrahams Excerpts

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Dominic Raab]

It has not been broken, but I shall come on to address that when I deal with the devolution dimension in a little while.

Of course there must be accountability, but allowing such a large volume of flawed challenges just skews the system. Allowing a legal war of attrition—not just against the Government, but, as in this case, against the judiciary themselves—undermines the integrity of the two-tier tribunal process, which was set up precisely to deal both fairly and efficiently with immigration cases. That wastes court time and taxpayers’ money, which should be focused on reviewing more serious and credible cases. The Supreme Court Justice Lord Brown foresaw that this very problem would arise in his judgment in the original Cart case back in 2011 and he said then that

“the rule of law is weakened, not strengthened, if a disproportionate part of the courts’ resources is devoted to finding a very occasional grain of wheat on a threshing floor full of chaff.”

Regrettably, he was proved right. It is also worth noting the more recent commentary by Lord Hope of Craighead, another of the presiding judges in the Cart case, who said in the other place earlier this year that these types of reviews have not worked and that it is time “to end them.”

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am very grateful to the Justice Secretary for giving way.

Over the past few years, the law has been the only way that any justice has been allowed for social security claimants. Three different judicial reviews were upheld and they said that what the social security Secretary had undertaken was unlawful—both on universal credit for disabled people and for single mothers. Which of these judicial reviews would have been allowed under this Bill?

[Dominic Raab]

Of course I cannot second guess the judicial decisions made in individual cases, but what I can say is that of course we want to protect the integrity not just of judicial accountability, but of the tribunal process, which we have established precisely to deal with those cases as well as others that I have discussed. The Bill will address the problem in a sensible and proportionate way, preventing Cart appeals except in the most exceptional circumstances, such as the upper tribunal deciding a type of case outside its jurisdiction, in bad faith or with some fundamental procedural error, such as not hearing one side of the case, which would clearly be wrong. Our approach will ensure that the 180 judge-days spent on Cart reviews, every year, are no longer wasted. In that way, taxpayers’ money is saved and the immigration system can function more effectively.

I would be interested to know whether Labour will support us in this matter. I have done my homework—[Interruption.] The right hon. Member for Tottenham (Mr Lammy) is laughing, but if Labour plans to vote against this Bill on the basis of Cart, I would point out that the shadow Justice Secretary personally proposed a much broader so-called ouster clause back in 2003 in Labour’s Asylum and Immigration Bill—[Interruption.] The right hon. Gentleman said that he was young and naive. I am not sure what that makes him now. Forgive me if I am reminding him of a stressful moment in his career, but it was the Asylum and Immigration Bill back in 2003. It did not have any of the exceptions and it was not as constrained as the Bill before the House today. He did not just support the measure; he proposed the measure. He was a Minister in the Department for Constitutional Affairs. I am not sure whether he has forgotten about that, but I am afraid that the Opposition have zero credibility in opposing a more targeted measure that they proposed before.

The Bill will remove Cart for the whole of the UK, but only in respect of reserved matters. I hope that all hon. Members will agree that we must have consistency in routes of appeal to preserve a coherent and efficient immigration policy and indeed the integrity of the UK’s borders.