Oral Answers to Questions

Debate between Debbie Abrahams and Dominic Raab
Tuesday 28th March 2023

(1 year, 8 months ago)

Commons Chamber
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Debbie Abrahams Portrait Debbie  Abrahams  (Oldham East and Saddleworth) (Lab)
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T4.   In January I told the Justice Secretary about my constituent, who was a victim of historical child sexual exploitation, having her trial postponed three times since 2019. She is still waiting. I also asked him if he would tell me what proportion of historical CSE cases were delayed by up to four years, and I am still waiting for an answer. Will he please answer me now?

Dominic Raab Portrait Dominic Raab
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The hon. Lady raises a very serious issue. Particularly complex cases have been delayed because of the pandemic, the backlogs and the Criminal Bar Association strike. I am happy to write to her about that, and I apologise for not having done so already. In addition, if she would like to meet the victims Minister, he will be happy to talk her through the issues.

Oral Answers to Questions

Debate between Debbie Abrahams and Dominic Raab
Tuesday 10th January 2023

(1 year, 11 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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With regard to the independent public advocate, I am very sympathetic and I want to make an announcement on that shortly. I reassure the hon. Lady that we have been working hard across Government to get the right answer ready, to be able to provide her with the reassurance that she needs.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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My constituent, a victim of historical child sexual exploitation, has had her case postponed three times since she reported her abuse back in 2019. Each time it is cancelled, she relives the trauma that she experienced, and this has been made worse by the clerk of the court saying that only important cases were being prioritised. What percentage of historical CSE cases are delayed for four years and responded to so insensitively?

Dominic Raab Portrait Dominic Raab
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This is an acutely sensitive issue and if the hon. Lady wants to write to me about that specific case, I would be happy to look into it. Of course, listing decisions and things like that are made by the judges independently in those particular cases.

Oral Answers to Questions

Debate between Debbie Abrahams and Dominic Raab
Tuesday 22nd March 2022

(2 years, 8 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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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 Portrait Debbie Abrahams
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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 Portrait Dominic Raab
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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.

Human Rights Legislation

Debate between Debbie Abrahams and Dominic Raab
Tuesday 14th December 2021

(2 years, 11 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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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 Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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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 Portrait Dominic Raab
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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

Debate between Debbie Abrahams and Dominic Raab
Tuesday 14th December 2021

(2 years, 11 months ago)

Commons Chamber
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Debbie Abrahams Portrait Debbie  Abrahams  (Oldham East and Saddleworth) (Lab)
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T1.   If he will make a statement on his departmental responsibilities.

Dominic Raab Portrait The Lord Chancellor and Secretary of State for Justice (Dominic Raab)
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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 Portrait Debbie Abrahams
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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 Portrait Dominic Raab
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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.

Judicial Review and Courts Bill

Debate between Debbie Abrahams and Dominic Raab
2nd reading
Tuesday 26th October 2021

(3 years, 1 month ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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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 Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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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 Portrait Dominic Raab
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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.

Official Development Assistance

Debate between Debbie Abrahams and Dominic Raab
Thursday 26th November 2020

(4 years ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I have set out before the House how we will safeguard what we are doing on girls’ education and how we will maintain our leadership role with the global targets that we set.

We are very concerned about the position in Xinjiang. We recently made Five Eyes statements on it and brought together, in the United Nations Third Committee, a much broader pool of countries to express our concern. What needs to happen now is that the UN Human Rights Commissioner, or another independent fact-finding body, needs to be able to have access to check the facts, because China’s rejoinder is always that this is just not happening. There are too many reports that it is, we need to get to the bottom of this, and the UN Human Rights Commissioner has a role to play.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab) [V]
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The provision of overseas development aid is not a selfless act: it is in our interest to foster global peace and sustainable development, thereby reducing the migration associated with war, climate change, disease and famine. What is the Foreign Secretary’s assessment of the impact on international peace building and migration associated with the Government’s choice to cut foreign aid?

Dominic Raab Portrait Dominic Raab
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The hon. Lady is absolutely right. I do not see a siloed distinction between our moral interest in what we do abroad and the national interest—they are often combined. In respect of some of the areas that she mentioned, she should look at what we are doing on defence and security; it may not be strictly within the DAC rules, but it does have a huge impact on our soft power abroad and the stability of the countries that she mentioned. We are going to use the allocation process to make sure that we mitigate some of the concerns and risks she mentioned, but of course we will not be able to continue all the funding that we are doing. These are difficult choices that come as a matter of necessity in the emergency financial situation that I am afraid we find ourselves in.

Oral Answers to Questions

Debate between Debbie Abrahams and Dominic Raab
Tuesday 24th November 2020

(4 years ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my hon. Friend, and he is absolutely right. The UK is a founding member of the Global Fund to Fight AIDS, Tuberculosis and Malaria. Malaria deaths have halved since 2002. That is an incredible achievement, and vital to bringing stability and hope to those countries affected.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab) [V]
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The human rights abuses that Kashmiri people have faced over generations are unacceptable. The 2018 and 2019 United Nations human rights reports documented the scale of these abuses, and since August 2019 things have only got worse. Just last week, shelling between India and Pakistan—two nuclear powers—across the line of control saw at least 15 people killed. This follows on from escalating tensions between India and China in the Galwan valley since the summer. Kashmiris feel that they have been abandoned by the international community, including the UK. What is the Foreign Secretary doing to contribute to an international coalition to support India and Pakistan in negotiations on de-escalating the immediate crisis, and will he commit to targeting development funding to support Kashmiris?

Foreign, Commonwealth and Development Office

Debate between Debbie Abrahams and Dominic Raab
Wednesday 2nd September 2020

(4 years, 3 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I thank my right hon. Friend for his advice throughout this process, which has been constructive and has drawn on his considerable experience as Secretary of State. He has certainly convinced me and the Government about the importance of ICAI, and I think its mandate can be refined and focused so that we get practical recommendations alongside critical analysis. I take the points that he has made about not just the 0.7%, but the underlying rules. Our commitment, and indeed this was our commitment during the review of official development assistance given the state of GNI, is to make sure that the bottom billion—the very poorest around the world—are prioritised, and that will be the case in the new Department.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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UNICEF has warned that covid is the greatest threat to children across the world. It estimates that 1.2 million children under five are at risk over the next six months. I am reassured by what the Foreign Secretary has said about guaranteeing the 0.7% and about the independent scrutiny, but he has not yet answered the question asked by my hon. Friend the Member for Wigan (Lisa Nandy) about impact assessments if that should not happen.

Dominic Raab Portrait Dominic Raab
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The hon. Lady is absolutely right to warn about the risk of covid and famine, and particularly children at risk. I hope that she will be reassured by taking a look at the detail of the £119 million that we have announced today to address the threat of famine in the countries worst hit by coronavirus. The sum includes £25 million for UNICEF to support feeding centres in Yemen that provide treatment for malnourished children under the age of five. It includes £15 million in cash transfers and food aid for the most insecure households and families, including children, in Afghanistan. In areas such as South Sudan, which is dealing with internally displaced people, there is £8 million for shelters to deal with some of the most vulnerable, which will of course include children.