(1 year, 8 months ago)
Commons ChamberThe 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.
(1 year, 11 months ago)
Commons ChamberWith 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.
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?
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.
(2 years, 9 months ago)
Commons ChamberMy 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.
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?
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.
(3 years ago)
Commons ChamberOver 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.
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?
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.
(3 years ago)
Commons ChamberLet 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.
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?
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.
(3 years, 1 month ago)
Commons ChamberIt 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.”
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?
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.
(4 years ago)
Commons ChamberI 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.
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?
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.
(4 years ago)
Commons ChamberI 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.
(4 years, 3 months ago)
Commons ChamberI 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.
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.
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.
(5 years, 3 months ago)
Commons ChamberI totally share the hon. Lady’s concerns. We will be looking to ensure internationally respected human rights are respected; they have been raised in this Chamber already in relation to detention and mistreatment but also to communication blackouts. We will also be looking to see generally on all sides a de-escalation of tensions and positive measures to build up confidence; that is the only way this issue will be resolved and calmed down.
(6 years, 2 months ago)
Commons ChamberThey are absolutely right, as they proved by electing my hon. Friend to this place.
The Secretary of State mentioned that he is confident of reaching a withdrawal agreement in autumn. He also talked about a political declaration having a clear blueprint for a future relationship with the EU. When will the House be able to scrutinise both the withdrawal agreement and the blueprint, and what level of detail will they have?
I thank the hon. Lady for her very important question. The timeframe for scrutiny in this House and the other place is also very important. After the agreement has been reached in all the areas she describes, we will have a period where the documents are laid and a meaningful vote. After that, the legislation implementing the withdrawal agreement would be introduced.
(6 years, 3 months ago)
Commons ChamberThe key thing in relation to the common rulebook is that it cannot be said that it would have no effect on our freedom and our latitude in free trade negotiations—that would not be an honest answer to my hon. Friend—but because, as a result of our proposals, we will have virtually full control over regulatory aspects of services and full control over tariffs, we will be in a strong position not just to continue the frictionless trade we want with our EU friends but to strike out around the world with the growth markets of the future from Latin America to Asia.
It is absolutely clear that the European Commission’s chief negotiator, Monsieur Barnier, does not support the Chequers proposal. I share the concern of Members on both sides of the House that we have no plan B, and I would like clarity on the feedback the Secretary of State has had from EU Heads of Government and Heads of State, who will ultimately decide on the deal that is brought to the European Council.
I worked in dispute resolution before entering politics and, in almost any negotiation, pushback will be heard from one interlocutor or another at various points that is ultimately not reflected in the final deal. It might be stating the obvious, but negotiation is about working through objections and resistance.
On support from member states, Angela Merkel said on 10 July that we have made good progress and that it is a good thing we have these proposals on the table. The Irish Taoiseach said:
“The Chequers statement is welcome. I believe it can input into the talks on the future relationship.”
We have also had the statements I described from the Latvian Foreign Minister, the Danish Finance Minister and the Polish Foreign Minister.
(8 years, 9 months ago)
Commons ChamberI thank my hon. Friend for his comments. That is an absolutely appalling case, and all cases of that kind are absolutely abhorrent. I would certainly be willing to hear from him about the specifics of the case, and we will of course look to see whether there is a case for additional sentencing powers over and above those that we already have.
Before the legal aid restrictions were introduced, 78,000 disabled people a year were able to challenge social security decisions, 80% successfully. How can withdrawal of legal aid to disabled people, who are twice as likely to live in poverty, be fair or just?
(9 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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If someone is earning between £10,000 and £15,000 under this Government, they are paying 54% less tax than they were under the last Government. If someone is a millionaire—we get lots of jibes on the Government side of the House about that—they are paying 14% more. When do we ever hear that referred to?
A lot of people have talked about poverty. If we look at the inequality Gini coefficient, we see that on elderly poverty, fuel poverty, the number of people not in education, employment or training, and child poverty—on every single statistical benchmark—the level of poverty or inequality is lower now than what the last Government left behind. Where is a little bit of honesty about that?
When it comes to affordable homes, the average annual rate of the creation of affordable homes is 50% higher under this Government than the last Government. The hon. Lady might have mentioned that in her speech. What about inflation, which eats away at incomes?