Extradition

Denis MacShane Excerpts

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

I do indeed agree with my hon. Friend that the UK-US extradition treaty is broadly sound. It is important that we have good, well-working extradition arrangements between the UK and the US, and we have seen the benefit of that in relation to a number of cases in which people have been extradited to the US or back to the UK. He is right: Sir Scott Baker did say that there was no need for a prima facie test, which is why I do not propose to introduce such a test in the new arrangements we are proposing. I repeat that it is important that we have well-working extradition arrangements with the US that people can have confidence in. I believe that the limited changes I have announced today will give people that confidence.

[Mr Denis MacShane (Rotherham) (Lab)]

Is the Home Secretary aware that it is not a crime in France to have sex with a 15-year-old child but it is here; and that it is not a crime here to wear a Nazi uniform, throw up Heil Hitler salutes and swagger around talking about the Third Reich but it is in Germany? I worry that Interior Ministers in our partner countries will hear her statement and think, “Well, if something is not a crime here, why send someone back? If someone brings in a chit stating that they are depressed and not very well, why send them back?” I am not disputing the sincerity and integrity of her decision, but I hope she thinks a bit longer and harder before in effect telling many other countries that they do not need to extradite people back to us.

[Mrs May]

There is no hint in anything I have said that that will be the case. The right hon. Gentleman raised a concern yesterday about the European arrest warrant, and I will repeat what I said yesterday: we will be looking, with the Commission and other member states, at the operation of the European arrest warrant because, although there have been benefits, there have been problems. That is exactly what I said in my statement, and I think that it is right that we look at it properly and carefully.

European Justice and Home Affairs Powers

Denis MacShane Excerpts

Monday 15th October 2012 Commons Chamber

[Mrs May]

It is right that we are proposing to exercise the block opt-out, which is the option that is available to us. As I said in my statement, it is not open to us to opt out of individual measures. We can opt out only en bloc and then negotiate to opt into those measures that we think it is right that we continue to be in.

[Mr Denis MacShane (Rotherham) (Lab)]

I have never heard a statement so heavily spun to the press, but so devoid of content when the Minister rises at the Dispatch Box. Is not the Secretary of State opting into the rampant Europhobia that consumes her party, in a competition with the Education Secretary to get us out of Europe? If she abolishes the European arrest warrant, her picture will be up on the wall of every trafficker, child abductor and international criminal as the person who took away the fundamental right of British people to be protected from international crime.

[Mrs May]

I assure the right hon. Gentleman that I take the protection of the British public very seriously indeed. It is the first duty of government to protect the public, but we need to ensure that any measures that are in place to protect the public are the right ones. I have not said what we will do on the European arrest warrant, but I have noted the concerns that have rightly been raised about its proportionality and in relation to the cases of some UK citizens who have been in jail elsewhere. We will now start to look at the individual measures. As I have said, we will discuss with member states and the Commission the process by which we will be able to opt into certain measures, where we choose to do so.

Oral Answers to Questions

Denis MacShane Excerpts

Monday 15th October 2012 Commons Chamber

[Mr Browne]

I will make two brief points. First, alcohol consumption has fallen in England and Wales over recent years. The second point, which goes to the heart of the hon. Gentleman’s question, is that next year we are introducing the National Crime Agency, which will provide a more coherent, joined-up approach to tackling organised crime. We think that that will be effective in dealing with precisely the problems that he has brought to the attention of the House.

[Mr Denis MacShane (Rotherham) (Lab)]

On Saturday morning, Rotherham was the scene of alcohol-related antisocial behaviour, when members of the English Defence League arrived in a pub, tanked themselves up and held a march to spew their anti-Muslim hate. The police handled that brilliantly and I thanked them on the spot, including all the policemen who came into the area from outside. The choice of route meant that Rotherham’s economy lost an amount of six figures or more. Will the new Minister for Policing and Criminal Justice meet me to discuss how the police can route these horrible EDL marches so that they do not cause so much economic damage to our communities?

[Mr Browne]

The right hon. Gentleman may wish to talk to his local police and crime commissioner when that person is elected in a month’s time. I will leave it up to the Minister for Policing and Criminal Justice to decide whether he wishes to meet the right hon. Gentleman. Where criminal activity is taking place it should be prevented, but I would not wish people’s ability to express their views to be restricted, however unpleasant those views may be for many Members of this House.

European Convention on Human Rights

Denis MacShane Excerpts

Tuesday 19th June 2012 Commons Chamber

[Mr Raab]

I thank the hon. Gentleman for his intervention, but he made so many leaps of legal logic that I could not possibly follow them all. The fact is that Strasbourg’s application of a bar on deportation when the individual is at risk of not having a fair trial in their home country is not set out in the UN convention against torture and is not in the European convention on human rights; this is something that Strasbourg, of its own whim, created. The number of appeals by Qatada, at home and in Strasbourg, makes a mockery of the rule of law.

That said, by far the biggest problem we face on deportation arises as a result of the new restrictions under article 8 and the right to family life. If we are being honest, we cannot blame that on Strasbourg, because these are home-grown restrictions; they are a direct result of judicial legislation by UK courts under the previous Government’s Human Rights Act, beyond even the high tide of judicial legislation in case law that has come from Strasbourg. As a result of the Immigration Minister’s direction, the Home Office has produced data showing that 400 foreign criminals a year defeat deportation orders on article 8 grounds. That represents 61% of all successful challenges to deportation orders and this is by far the biggest category.

These cases are not just statistics; they involve real lives. Many shocking cases have been reported in the news, and I wish to refer to just one, that of my constituent Bishal Gurung, a waiter from Esher who was brutally killed by a gang, with his body dumped mercilessly in the river Thames. The perpetrator was convicted of manslaughter and later released. He frustrated his deportation order by citing his right to family life. Let me make it clear: he had no wife, no children and no dependants, yet still he claimed that his family ties trumped the public interest in his deportation. The House can imagine how Bishal Gurung’s family felt about that, and we can imagine what they feel it says about British justice. Now I can at least tell them that the Government and the House of Commons are trying to tackle the problem and reform the law.

[Mr Denis MacShane (Rotherham) (Lab)]

We all encounter cases where members of constituents’ families have suffered as a result of the most brutal crimes and wish the most terrible justice to be placed on those who committed the crimes—if they are British, they of course stay in our courts and within our country. What I am worried about is: what happened to the principle of not visiting the sins of the father on the child? In the case the hon. Gentleman cites there was no family, but in many cases these men have married British women and have sired British children. Do those children and those wives have no right to have a life, after the sentence has expired, with their father and with their husband?

[Mr Raab]

The right hon. Gentleman makes a very important point. He crystallises things cogently, but in this case there were no dependants, so what he says does not apply. This is an interesting case. There are many examples where someone has committed a vicious, violent crime—it might be murder or, as in some cases, a sexual offence—has had a child in the meantime and has coerced members of the family, putting them under duress, so that they give evidence, which this person has then relied on to stay in this country. I challenge the view that it is always in the best interests of a child to be with a father of such character and background, but it is very difficult for a court to make that determination when they have evidence in front of them.

I shall discuss one case, which is the most skewed and perverse that I have come across. There are reporting restrictions on it, so I shall be careful about talking about some of the details. It involves an individual raping his partner and then claiming that relationship as part of the family life that he relied on to stay in this country. Many people would regard that as both legally unsustainable and morally perverse.

This is not just about the deportation of foreign criminals; it is about the shifting goalposts of article 8. It is very important to understand that the state of the law now—that static snapshot—is not the sole issue; it reflects years of development. My worry is about the direction in which things are headed. I worry that it will be increasingly impossible to apply border controls, be they in relation to the deportation of foreign national criminals or to other aspects of coalition policy, including cracking down on things such as forced marriage, increasing language requirements or dealing with sham student visas and bogus colleges. All those things will come later because the goalposts will keep shifting. That is a real danger for this Government and for future Governments.

Oral Answers to Questions

Denis MacShane Excerpts

Monday 21st May 2012 Commons Chamber

[Damian Green]

First, we are putting limits on intra-company transfers—limits that were never there under the previous Government. We have set a minimum salary threshold of £40,000 for those who stay for longer than one year and a minimum salary of £24,000 for those who stay for less than one year. The hon. Lady identifies a potential problem, in that people could use intra-company transfers to try to drive out British workers, but that is precisely why we have taken these effective measures—to stop that kind of abuse of the system.

[Mr Denis MacShane (Rotherham) (Lab)]

18. Is the Minister concerned that France now attracts 50% more visitors from India than we do and that Switzerland, which has joined Schengen, is also experiencing a disproportionate surge in business visitors and tourists as a result? Is it reasonable to impose a £78 visa charge? People have to travel hundreds of miles to visit Britain for any reason. We might be open for business, but we are jolly well closed to foreigners under this Government.

Immigration Queues (UK Airports)

Denis MacShane Excerpts

Monday 30th April 2012 Commons Chamber

[Damian Green]

I hope that my hon. Friend has been reassured by my repeated assurance that absolutely the first priority of this Government and any responsible Government is the security of our border. That will not be compromised in any way.

[Mr Denis MacShane (Rotherham) (Lab)]

We want secure borders and decent queues. When we turn left on to a long haul plane, it is usually a nice experience. When we turn left at Heathrow terminal 5 or Gatwick, leaving the American, Canadian, Indian or Turkish passenger whom we have been chatting with, to struggle through those queues, it is a very unpleasant welcome.

I welcome what the Minister has said; it is a good idea to have squads who can run around filling in the holes. But every time I have come back to Britain recently—and I come back a lot—it is embarrassing that there are so many empty control points. I really hope that hon. Members—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Hon. Members should be asking short questions, not making speeches. [Interruption.] Mr MacShane, you can throw yourself back on the Bench as much as you want, but it is not going to impress me. I brought you on early to get you in, and I am sorry that you are disgruntled.

Abu Qatada

Denis MacShane Excerpts

Thursday 19th April 2012 Commons Chamber

[Mrs May]

My hon. Friend knows very well the Government’s position in relation to a potential Bill of Rights. The Government have set up the commission; that commission will report, and we will consider its recommendations.

[Mr Denis MacShane (Rotherham) (Lab)]

Can the Home Secretary envisage Britain withdrawing from the treaty setting up the European convention on human rights?

[Mrs May]

I thought that, in response to various answers, I had explained what I think is the right approach for the Government to take, which is for us to reform the European Court of Human Rights to deal with the concerns that have been raised about the way the European Court operates, and that is exactly the work the Government are undertaking.

Oral Answers to Questions

Denis MacShane Excerpts

Monday 6th February 2012 Commons Chamber

[James Brokenshire]

My hon. Friend highlights a powerful and important point about the individual impact of these crimes. Although our legislation covers harassment—whether it happens on or offline—there is an international perspective to this challenge, with internet service providers potentially hosting material from overseas. We have recently been involved with a consultation on stalking, which closed yesterday, that asked for views on how to protect the victims of online stalking more effectively. We are now reviewing the submissions we have received; we will respond and publish the details of our response in due course.

[Mr Denis MacShane (Rotherham) (Lab)]

I am sure the Minister will agree that cybercrime is quintessentially a transnational crime. Although his colleague the Minister for Immigration seems to think that the Lithuanian, Slovakian, Romanian, Bulgarian and Polish traffickers in British prisons are not from the European Union, will he inform the House what the Government’s position is on the European arrest warrant? This issue has been widely covered in the press. We brought Hussain Osman back from Rome after 7/7—

[Mr Speaker]

Order. It is always difficult to interrupt the right hon. Gentleman’s flow, but I am sure he is asking this question with specific reference to its potential to address the issue of cybercrime.

Equality and Diversity (Reform) Bill

Denis MacShane Excerpts

Friday 21st October 2011 Commons Chamber

[Mr Denis MacShane (Rotherham) (Lab)]

I have been following the speech by the hon. Member for Shipley (Philip Davies) very closely and taking a considerable number of notes. Unfortunately, I had to deal with something in my office but, alas, I could repeat almost word for word what he has said; however, I will not.

In my 17 years in the Commons, this is the most reactionary, right-wing, regressive Bill ever put to this House in a serious speech. The hon. Gentleman will probably take that as a compliment. However, there is something more profoundly serious at stake, because he represents a growing view within his party that the minor progress that we have made on equality in recent years has gone too far and should be reversed. The whole history of British legislation is precisely to use the power of Government and state to redress imbalances and unfairnesses, first, between those who did and did not have the vote—between the aristocracy and the non-noblemen in our communities—and, over time, through other positive action to ensure that there was full equality for all.

Some of the hon. Gentleman’s proposals are ridiculous. He suggests that there can be no “affirmative or positive action” in order to help people depending on their “sex”—I think he means gender. Presumably, that would outlaw the recruitment of women into convents because they were nuns and not men, or perhaps rugby players should now be hired not on the basis that they are trained, fit, male athletes, but that they are women.

The very first pamphlet I ever wrote as a political activist—

[Mr Nuttall]

Will the right hon. Gentleman give way?

[Mr MacShane]

May I just make my points, and then I will give way? I do not mean to be discourteous, but I want to be brief because I am conscious that other people want to speak on other issues.

The very first political pamphlet I wrote in 1978 was an appeal to the BBC and other media organisations to hire journalists who were not white—at the time, we would say they were from the Asian or Afro-Caribbean community—because there was not a single byline reporter or presenter of that description on TV, despite the fact that by then we had hundreds of thousands, if not more, among our fellow British citizens and journalists I worked with, but in subordinate roles for which they had been able to offer themselves. I am glad, 30 years later, that that is not the case. We do not have a mono-coloured BBC or ITV or bylines in all our great newspapers evidently comprising only sturdy British citizens.

[Philip Davies]

rose—

[Mr MacShane]

If it is on that point, of course I give way to the hon. Gentleman.

[Philip Davies]

It appears that the right hon. Gentleman has form in this regard. He was a white journalist who was insistent that somebody else should have to give up their job in order to make way for somebody from an ethnic minority, but apparently he was not volunteering to fall on his own sword. Now he is advocating that we should have more women in Parliament, and yet he still refuses to fall on his sword to help to make that happen. If he feels so strongly about it, why does he not have the courage of his convictions, put his money where his mouth is, and start doing the right thing?

[Mr MacShane]

The hon. Gentleman is quite wrong. I did fall on my sword, in the sense that the BBC made me do so by liberating me from its employment at the time. Whether I was replaced by a journalist from the black and minority ethnic community, I do not know. The point is that we expanded journalism, and yes, we went in for positive discrimination in the sphere of broadcasting, and I am very glad about that. Certainly, when the time comes for me to leave my position as MP for Rotherham, I will be delighted if there is an all-women shortlist. The real question that the hon. Gentleman’s party has to ask is why, even with the all the people put on to the A-list, there are still so few women sitting on the Conservative Benches.

[Mr Nuttall]

rose—

[Mr MacShane]

I will take just one more intervention, because I want to make my contribution very short.

[Mr Nuttall]

Going back to the question of rugby players, does the right hon. Gentleman not agree that women’s rugby is a very popular sport?

[Mr MacShane]

Women’s rugby and football, and other sports, are very popular. On the strict reading of the Bill, it would be illegal for Rotherham, Wasps or Harlequins not to entertain the notion of a woman rugby player, but I do not want to go too far down that road.

The notion that I find exceptionally offensive is that we make no efforts to help people with disabilities. We are facing thousands of people being fired from Remploy because of the wicked actions of the governing party. These are people who will find it incredibly difficult to get jobs elsewhere in the normal labour market. Quite rightly, in the 1940s, after the war, we honoured our war veterans by saying that those who came out of the war with particular disabilities could work in normal jobs and have the dignity of labour rather than living on handouts and the dole—but according to this wretched Bill, that, too, would be illegal.

On religion, we had an interesting discussion this week in Education questions about whether Cardinal Vaughan school in London can maintain its Catholic identity or, as some might wish, should no longer do so. I think that my many Jewish friends would find it very offensive, but oh so typical of the chauvinist, nationalist spirit that now reigns in the Conservative party, that they cannot define who comes into their schools on the basis of religion.

The whole balance of legislation, going back to the abolition of the slave trade and Lord Shaftesbury stopping children going up chimneys, was precisely to alter law to give particular protection to people who would otherwise be unfairly exploited on the grounds of their socio-economic status. I find it profoundly distressing that in October 2011 we are seriously being asked to rip up every decent parliamentary value that we and our predecessors have fought for over the years.

This is a Friday morning debate, and we all know that these Bills never go anywhere, but this Bill is symptomatic of the entire approach of the Conservative party. The Conservatives are refusing to support the International Labour Organisation convention on domestic workers because that, too, is aimed at giving a little bit of protection to people of a particular socio-economic and sex, or gender, status who are facing the most appalling exploitation in this and in other countries. Conservative Front Benchers have nothing to do with this Bill, of course, but the hon. Gentleman speaks for much of today’s Conservative party. That is why the quicker it is replaced in government by a party or parties that support the standards and best values of Britain, the better.

--- Later in debate ---

[Chris Bryant]

There seem to be an awful lot of Ruperts and Jessicas and Chloes in the hon. Gentleman’s life. I think that the only Rupert who has ever crossed the border into the Rhondda constituency was Rupert Bear.

One of my experiences was as a curate in High Wycombe, a community that has a strong ethnic mix. A large community from St Vincent has been there since just after the second world war, and a large community from Kashmir and a large Polish community arrived in the middle of the second world war. I found that, all too often, in an unequal society the people who know how to shout the loudest get the best resources from national and local government. One of my problems with the educational system in this country, and for that matter with the national health service, is that all too often money has not followed need but has followed the loudest speeches. That is why I believe that we need equality legislation, and why I supported the legislation that the deputy leader of the Labour party brought forward in government.

[Mr MacShane]

I am following my hon. Friend’s speech with great interest, and I hope that it is only in its initial stages, because the Bill that follows really is a ghastly assault on privilege and fair play.

Is it not a paradox that, even with equality legislation, every single person currently in the Chamber is white, middle-aged and male? That is not the case with those slightly outside the Chamber in the civil servants’ box or the Serjeant at Arms’ seat, but it is—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. This is not relevant. We are dealing with the Bill, and Members should be speaking to the Bill. I am sure the hon. Member for Rhondda (Chris Bryant) does not want to get led all over the place. We have already seen that coming from the Government side, and I certainly do not want to see it coming from the Opposition side.

Oral Answers to Questions

Denis MacShane Excerpts

Monday 12th September 2011 Commons Chamber

[Nick Herbert]

I understand my hon. Friend’s concerns—they have been put to me by other hon. Friends. The amendment that we moved in the other place will allow for the nomination of an additional five members to the panel. Approval for that will lie with the Secretary of State, although there must be regard to geographical balance. I hope and believe therefore that we can reassure the people of Cornwall that they will be properly represented on these panels.

[Mr Denis MacShane (Rotherham) (Lab)]

The Minister will agree on what lies at the heart and success of British policing—it should be by consent, local and rooted in the community. That is why I welcome what he has just said. Will he also agree, however, that it is vital that our senior police officers have spent a year or two on the beat in the local community? Will he hit on the head these ludicrous press reports that the Government are thinking of bringing in an elite group of officers—super-duper graduates, Bullingdon club boys—to be slotted in straight away to run our police services? Policing should be local, and every chief constable should have served on the beat.

[Nick Herbert]

That is a travesty of the Government’s position. We have asked Tom Winsor to consider these matters. The right hon. Gentleman should pay more attention to the views of the chief constable of Devon and Cornwall, which he expressed in an article in The Times today, co-written by me. He points out that the police have not made sufficient progress on diversity and that one way to address that might be to consider additional points of entry. We also point out that operational experience would be necessary.