Dominic Raab
Main Page: Dominic Raab (Conservative - Esher and Walton)Department Debates - View all Dominic Raab's debates with the Cabinet Office
(2 years, 6 months ago)
Commons ChamberUnder this Prime Minister and this Government, before the next election, we will replace the Human Rights Act 1998 with a Bill of Rights to end the abuse of the framework and the system by dangerous criminals and to restore some common sense.
The Justice Secretary claims that his reforms will protect free speech—a right that already receives special protection in the Human Rights Act—yet simultaneously the Government want to criminalise exercise of the right to protest, through the Police, Crime, Sentencing and Courts Bill, and there are already plans to take away whistleblower protections in the Official Secrets Act. Is it all free speech the Justice Secretary aims to protect, or only the kind his Government want to hear?
I thank the hon. Lady, because she raises a good substantive point. We want to strengthen and reinforce the right of free speech, in particular given some of the judge-led privacy law we have, but also some of the encroachments on free speech we have seen in political debate. I think constituents of Members in all parts of the House would recognise the difference between free speech, lawful protest and, frankly, the downright sabotage that we have seen by groups such as Extinction Rebellion, where we are right to legislate to protect the freedoms of others.
This is not new territory for the Secretary of State. He has been around this course. He failed last time of course, because he could only do what he wanted by leaving the European convention on human rights. That is still the situation now, so will it be Government policy that we should follow the human rights example of Belarus in leaving the protections of the convention?
We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed. I will give one example. I visited HMP Frankland in Durham. It is a high-security category A prison. One of the challenges in dealing with terrorist offenders, particularly those who could infect the minds of others, is the issue of separation centres. We are increasingly seeing litigation claims claiming article 8 as a right to socialise getting in our way. That is a good example for the common-sense approach and the balance we want to have. I am very surprised that the right hon. Gentleman is opposed to it.
The position is that the Government commissioned an independent review, did not like the conclusions and so have simply just ditched them. Why should anyone have any faith that the Government will listen to their consultation responses if they are so hellbent on pursuing what Sir Geoffrey Bindman QC has labelled an
“indefensible…inward-looking and cowardly”
retreat from human rights?
I am very grateful for the independent Human Rights Act review. We looked very carefully at all the recommendations, some of which we take on board and for others we are going to innovate in different areas. I will give one example. I suspect the hon. Gentleman’s constituents would want us to reform the system to stop foreign national offenders, whether they are living in Scotland or any other part of the UK, from frustrating deportation orders on the most flimsy, elastic grounds created by article 8. That is something we will do, and I think he should support it.
I am grateful that my right hon. Friend made reference to the independent review of the Human Rights Act. I am sure he would want to join me in thanking the right hon. Sir Peter Gross, the chair of that review, and his colleagues for their exceptionally hard and diligent work in this regard. Sir Peter gave evidence to the Justice Committee last week. He pointed out that while the Government have published their own consultation document—“Human Rights Act Reform: A Modern Bill of Rights”—that document is not in fact a response to the independent Human Rights Act review report. Can my right hon. Friend confirm that it would only be fair and courteous to Sir Peter and his colleagues to ensure that once the consultation on the Government’s document is concluded, their response to that consultation includes a full response to Sir Peter’s panel’s review, including detailed replies to all the points the Government do or do not accept, exactly as was done with the Faulks review?
I thank my hon. Friend, the Chair of the Select Committee. First, I have already thanked the chair and all the panel, but I am happy to join my hon. Friend in doing so again. The IHRAR panel produced a well-considered and useful report, and I considered it very carefully. The consultation that we are pursuing is ongoing, and includes—this is an important point—areas beyond the terms of reference of the IHRAR report, such as adding a recognition of the right to trial by jury and strengthening freedom of expression, which Members have already raised. There are also areas where the Government wish to explore only a subset of the options considered by that review, and section 3 is a good illustration of that.
Can the Deputy Prime Minister outline how his reforms to the Human Rights Act and a new British Bill of Rights can help us to take back control of our borders and stop the small boats crisis in the channel?
Clearly the issue of small boats goes well beyond issues in the European convention on human rights, but what I would say to my hon. Friend more generally is that the reforms we are pursuing allow us to take more firm action under the Nationality and Borders Bill and under wider powers to deal with foreign national offenders. He should be aware that some 70% of claims by foreign national offenders scuppering deportation orders are under article 8. That is clearly an area where we can reform.
I am tired of hearing the rights of asylum seekers so desperate to get here that they will go on these dangerous boats conflated with those of dangerous foreign national offenders. The Secretary of State needs to stop drawing that parallel.
I echo the Chair of the Select Committee in calling for a full response to Sir Peter Gross QC. Indeed, I wonder why the Government bothered to appoint him if they were not going to listen to him. Does the Secretary of State at least agree with his first recommendation, which is that there should be a full and robust programme of education about what the Human Rights Act actually is? Or would that be a bit of a hindrance to this Government’s programme of misinformation?
It is precisely through the process of consultation on our proposal for a Bill of Rights that we can have a proper, substantive debate, listen to all sides of the argument and inject some common sense back into the system, and disseminate that more widely. I think that constituents of hon. Members in all parts of the House would appreciate that.
The other thing that the Secretary of State keeps on doing is saying that we have to review this because there are so many dangerous foreign criminals, but will he listen to the UK security services, who know more about dangerous foreign criminals than he does? They have warned that overhauling the Human Rights Act could affect their ability to provide evidence in secret. I know he knows why that is dangerous, particularly in terrorism cases, so will he listen to them and to his predecessor in this role, who has also warned that this could make the UK, and by extension all of us, less secure?
May I gently say to the hon. Member that there is an issue around extraterritorial jurisdiction, where we will want to consult very carefully? Whether it is the deportation of foreign national offenders—and no, I am sorry, but we will keep talking about that; it is something that our constituents care about, and this is a reform that needs to happen—or whether it is parole reform, which I believe we also need to undertake, or separation centres in our most high-security prisons, these are all areas where the public, constituents of hon. Members in all parts of the House, will expect us to take a common-sense approach. That is exactly what our Bill of Rights will achieve.
This Government are committed to bringing more perpetrators of domestic abuse to justice. It is a key plank of the Domestic Abuse Act 2021, which creates new offences such as non-fatal strangulation, and extends the coercive or controlling behaviour offence to include former partners.
The excellent work the Government have done on domestic abuse risks being seriously undermined by recent reports of Met police conduct published by the Independent Office for Police Conduct. One officer who had attended a domestic abuse incident said of his victim that she was mad and deserved a slap. As Members of this House will know, that was the tip of the iceberg of the remarks uncovered. Police conduct is of course the subject matter of the Angiolini inquiry, but before that concludes, what work is my right hon. Friend doing with the Home Secretary to ensure that domestic abuse victims retain confidence in the criminal justice system?
I thank my hon. Friend, who is absolutely right. The remarks she cited are utterly abhorrent I would imagine to everyone on all sides of the House. The public rightly expect the behaviour of the police to be beyond reproach, which is why we have tasked the Angiolini inquiry, as she said. In addition to that work, as my right hon. Friend the Minister for Crime and Policing set out last week, inspections are ongoing in forces across England and Wales to judge their vetting and counter-corruption capabilities. More broadly, we are of course taking forward the victims Bill consultation and we have increased funding for support services. They have actually increased to £185 million by 2024-25, which will help fund an increase—by about a half, up to 1,000—in the number of independent domestic abuse advisers. So we will keep showing zero tolerance of domestic abuse while those wider inquiries are ongoing.
Domestic abuse victims face the trauma of first, gaining the courage to report it, fearing for themselves and their children’s safety, wondering whether they did the right thing and whether their truth will be believed, then they face this broken justice system: being cross-examined, questioned and treated like a criminal. With prosecutions collapsing and criminals being let off the hook, the Government cannot keep letting victims and survivors of domestic abuse down, so will the Secretary of State commit to putting in place a proper package of training, specialist support and trauma counselling for all victims of domestic abuse and their children?
I totally agree with the hon. Lady’s sentiment and frustration. We need to do more. We have got the local criminal justice scorecards, which will deal with not just wider crime, but rape. Those are coming up in the first quarter of this year. The victims strategy and the victims consultation will put victims at the centre of the justice system. That is important: I think it is a moral duty, but it will also make us more effective in delivering prosecutions. We also have a wider domestic abuse strategy, which will be outlined later in the year. As the hon. Lady knows, we have introduced in the Police, Crime, Sentencing and Courts Bill an extension of the time limit for reporting domestic abuse and common assault and battery to give victims of domestic abuse longer to come forward with their claims and to prevent the perpetrators from finding themselves timed out.
Over the last month, I have met offenders participating in the community payback scheme in Birmingham, prisoners at HMP Hatfield who are being supported back into work in partnership with the charity Tempus Novo, and frontline staff at HMP Frankland working to tackle extremism and terrorism, including through their separation centre.
On behalf of the prison officers I represent in Plymouth, I ask the Secretary of State: now that he has dropped his plans to close Dartmoor prison, what plans does he have to invest in facilities at the dilapidated prison to ensure that it can be a safe and humane environment again?
I am happy to write to the hon. Gentleman about that particular prison in his constituency. He will know that we are investing almost £4 billion over the next three years to deliver 20,000 additional modern prison places by the mid-2020s. I have been to look at some of the advantages that they can have, including at Glen Parva prison, which has started the operational build. It is not just about the numbers; it is also about such things as the in-cell technology and workshops that can be a pathway to get offenders to go clean and get into work, in order to cut reoffending and protect the public.
I thank my hon. Friend for his support. He is right that across a whole suite of issues, including illegal migration, the proposals for a Bill of Rights with common-sense, sensible reforms will help us to address the problems. Once the consultation results come back, we will want to listen very carefully and proceed to legislation in the next Session.
May I thank the hon. Lady and express my solidarity in the awful and harrowing case that she refers to? If she writes to me, I will be happy to look at her specific proposal.
The overall level of funding for victims this year is three times the level in 2010. Through the victims Bill consultation, we are ensuring that victims are at the very heart of the criminal justice system. Our local as well as national justice scorecards will help to monitor where there is best practice within the justice system and where we are falling short, right across the country.
The Justice Secretary will have heard the exchange with the right hon. Member for Chipping Barnet (Theresa Villiers). He should be aware that there is a cohort of IRA murderers who have evaded justice, successfully fought extradition and now abide in other countries. Would he consider any Government proposals to deal with the legacy of our past to be morally repugnant if those individuals were allowed to come home and retire with a level of dignity that they never offered to their victims?
I do understand the level of pain, suffering and anxiety that the hon. Gentleman has expressed. I can understand it from communities on all sides of the troubles and the conflict, which is why the Secretary of State for Northern Ireland has come forward with a set of proposals that offer a balanced approach and that we hope will allow those communities on both sides to move forward.
In Darlington, organisations such as Family Help provide specialist domestic abuse support for women and children fleeing abuse. Our landmark Domestic Abuse Act 2021 sets out a framework for the delivery of support locally. Will my hon. Friend outline the progress being made towards establishing domestic abuse local partnership boards and the role that local organisations will play?
I welcome the Secretary of State’s defence of free speech earlier today, but the truth is that free speech is under attack in our courts. Tom Burgis is appearing in court today against oligarchs who are seeking to silence him. When will the Secretary of State bring forward a defence against strategic lawsuits against public participation—SLAPPs? If we want to live in truth, we need SLAPP-back laws now.
The right hon. Gentleman is not the only one who has raised this with me; my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) has also been campaigning on it. I am very happy to look at the specific issue. The House has periodically looked at questions of libel law and we will keep those issues under constant review. As I have said in relation to a Bill of Rights, this is an opportunity to reinvent the priority attached to freedom of speech.
Does my right hon. Friend agree that the focus on getting prisoners into stable employment when they leave prison has been critical in achieving the current reoffending rates, which are lower than they were under Labour? Can he also outline to the House what further measures he can take in this area?
I totally agree with my hon. Friend. I was at HMP Hatfield just last week, looking at the excellent work that the governor is doing with a local charity, Tempus Novo. One of the issues is the weighting attached to this key performance indicator, which is far too low. It is currently below 1%, which is extraordinary to me, and it will be ramped up as part of the review in the prisons White Paper. It will be much more central to the work that all prisons do and we are making it a presumption that offenders can be given a pathway into employment when it is suitable and secure to do so.
Although the justice system clearly has a role to play in prosecuting offences against women and girls, it is equally important that young men and boys grow up in an environment where they understand that misogyny, in all forms, is unacceptable. With that in mind, will the Minister join me in commending the fans of Raith Rovers football club, who last week forced the club to reverse its decision to give a playing contract to someone who, in two separate court hearings, had been found guilty of rape and who refused to show any remorse for his crimes? Does the Minister agree that, given the important role models that professional footballers are for young men and boys, there must be serious doubts as to whether that is a job that can ever be performed by an unrepentant and unreconstructed rapist?
I agree with the hon. Gentleman that that is absolutely abhorrent and of course I think that the club in question took the right decision. As the father of two young boys, I take very seriously, as we in Government should take seriously, and we in this House should take seriously, how we raise our children, and the level of education and awareness of these issues. We are taking a whole suite of measures, from the local justice scorecards to the victims’ Bill, the violence against women and girls strategy and the rape action review. But it is incumbent on businesses, including football clubs, which are so high profile, to make the right calls, as the football club has done in this case.
Will the Minister commit to supporting victims of sexual abuse in the victims’ Bill in ways such as by rolling out section 28?
I absolutely endorse what my hon. Friend said. She will have seen that section 28, which deals with pre-recorded evidence from victims of rape, is set out in there. We will be articulating more clearly a plan to move from the limited trials we have at the moment to a national roll-out, which will be done in the first half of this year.
Two excellent support providers in Loughborough, the Exaireo Trust and the Carpenter’s Arms, look after people who have been repeat offenders and/or suffered from addiction for many years. As one resident put it, they were
“lost, broken and with no hope”.
These two organisations completely transform the lives of those residents in their service. What is my right hon. Friend doing to work with local providers and support these organisations financially to help people into work?
My hon. Friend is absolutely right. I recently met the president of a family division. About 60% of the cases that go there, certainly on the civil side, are safeguarding or domestic abuse cases. They ought to go there, but for the rest we need to be looking at the incentives and disincentives, the use of mediation and the whole structure of the system to prevent these harrowing cases—they are particularly harrowing for children. In any event, many cases do not need to go through the courts and I am working with the judiciary to try to achieve that reform.