Oral Answers to Questions

Debate between Dominic Raab and John Whittingdale

Tuesday 22nd March 2022 Commons Chamber

[Dominic Raab]

My hon. Friend will know that, because of the Sergei Magnitsky regime for asset freezes and visa bans for anyone who has committed serious human rights abuses, we already have that capacity in place. That is on top of the further co-operation that we will provide with the ICC and, I should mention, that the Attorney General will provide with the prosecutor general of Ukraine.

[Mr Whittingdale]

Does my right hon. Friend agree that, while the shelling of civilians is itself a war crime, any use of chemical or biological weapons, as predicted by President Biden today, would be a breach of the Geneva protocol and the chemical weapons convention and would most certainly be a war crime?

[Dominic Raab]

My right hon. Friend is absolutely right. I am always careful to allow the ICC, of which both the prosecutor and the chambers of the Court are independent, to make those determinations, but the points of principle that he has set out are absolutely right. There must be no impunity for those in Moscow or the commanders on the ground who commit those atrocities.

Strategic Lawsuits Against Public Participation

Debate between Dominic Raab and John Whittingdale

Thursday 17th March 2022 Commons Chamber

[Dominic Raab]

The hon. Gentleman is absolutely right and makes one of the most important points. If he looks at the call for evidence and the menu of options that we set out, we look at the threshold for bringing SLAPPs and whether there ought to be a new right of public participation. We look at the various defences in defamation law to see whether they are sufficient to deal with this problem. That includes the public defence and the serious harm test of a defamatory statement. We are trying to look at it from every angle. I should add for completeness that we will look at whether we are getting the right balance in terms of being an attractive destination for litigants to want to solve disputes, which is a great USP for the country, and whether we have allowed and given succour to libel tourism in this particularly pernicious area. We will look at all those things and I look forward to his further thoughts in those areas.

[Mr John Whittingdale (Maldon) (Con)]

I, too, warmly welcome my right hon. Friend’s statement. As he said, however, SLAPPs are an international phenomenon that are used across Europe to stifle investigative journalism. Most notorious, perhaps, are the 47 lawsuits that were being brought against Daphne Caruana Galizia at the time of her murder in Malta in 2017. Does he therefore agree that protecting freedom of the press properly will require international action? Can he say what discussions he has had with his counterparts in other jurisdictions to bring about co-ordinated action?

[Dominic Raab]

My right hon. Friend is absolutely right. I mentioned the European figures; it is clearly a much broader phenomenon. One of the things that we have looked at is the threshold. To give an illustration of a jurisdiction that we have looked at, in the United States, there needs to be malice, I think, for most libel cases. Under the US constitution, there are a whole series of judicially enforceable rights that are probably stronger than in this country under the European convention on human rights or otherwise in relation to free speech. We will look carefully at the bespoke libel laws that we have and we are mindful of the lessons that we can learn from other jurisdictions.

Human Rights Legislation

Debate between Dominic Raab and John Whittingdale

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

I always enjoy engaging with the right hon. Lady on these subjects. She will see a list of the cases set out, the diagnosis, in both the IHRAR report by Sir Peter Gross and the consultation document. She will not have had a chance to read it cover to cover yet, but I encourage her to do so. She talks about it as if there is only one way to incorporate or implement the ECHR in UK law, but there is no one on either side of this debate who thinks that that is the case. We had proposals. I remember that when I sat on the Joint Committee on Human Rights there was consideration of a next stage of a Bill of Rights which took a different approach. We have seen in every Council of Europe member state different ways of enacting the ECHR, so I gently say to her that the convention and how it is interpreted and applied, in particular the operation of the separation of powers between the judicial, the Executive and the legislative branch, can be done in different ways and we want to sharpen that demarcation.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon. Friend agree that recent court judgments appear to have extended privacy law in this country against the provision of section 12 of the existing Human Rights Act and without the debate or approval of Parliament? Can he say whether his reforms will strengthen section 12 to right the balance, and will he stress once again the importance of freedom of expression?

[Dominic Raab]

My right hon. Friend, as ever, hits the nail on the head. We will be looking precisely at that provision. We think it was introduced with a legitimate aim. It is one of those things that we actually support, but that has not delivered the kind of emphasis and protection around freedom of speech. I agree with the point that he made about avoiding the incremental extension of continental-style privacy law into the UK; we have a common law tradition, and tend to have a greater emphasis on free speech and transparency. That is coupled with the EU influence—I do not want to get wholesale into that debate, but he will remember proposals for a right to be forgotten—and the sensitivities that we increasingly see around debate, which, in this Chamber, in our country and in our society, we have to protect, and our proposals will allow us to do just that.

Oral Answers to Questions

Debate between Dominic Raab and John Whittingdale

Tuesday 4th February 2020 Commons Chamber

[Dominic Raab]

Following the protocol at international meetings to make sure that the UK is asserting its voice confidently, and in tandem with but independently of our allies, is absolutely the right thing. That is what the referendum required and that is what we are doing.

[Mr John Whittingdale (Maldon) (Con)]

2. What steps he is taking to support political development in Ukraine; and if he will make a statement.

Iran

Debate between Dominic Raab and John Whittingdale

Monday 13th January 2020 Commons Chamber

[Dominic Raab]

I pay tribute to the hon. Lady for her work in this regard. It is important we send a clear message that BBC journalists—any journalists, and specifically British journalists—cannot be bullied in this way any more than our diplomatic staff. In fact, when I was in Canada with my Canadian opposite number, we launched a new award for those who champion and protect media freedom. Not only are we looking at this individual case, but there is an international campaign to make sure that we provide protection for journalists around the world who, in very difficult circumstances, are willing to speak truth to power.

[Mr John Whittingdale (Maldon) (Con)]

Will my right hon. Friend work closely with Ministers from the other countries that lost citizens on Ukraine International Airlines flight 752? Will he perhaps attend the joint investigation group meeting in London on Thursday, which will be attended by the Ukrainian Foreign Minister? Does he agree it is essential that Iran not only allows full investigation of what happened but organises the repatriation of the bodies and pays full compensation to the families of those who were lost?

[Dominic Raab]

My right hon. Friend is absolutely right. Of course we will be fully plugged in and, indeed, a driving force in the international effort to make sure we get the right answers in terms of the investigation. This point is even stronger now that the Government of Iran have accepted at least a measure of responsibility, but it is crucial that the investigation is fully independent and has an international component so that people can feel confidence in the outcome and the answers. We will work with all our international partners on all the issues he raises, and I certainly want to see justice for the incredible number of people who are still mourning and grieving this terrible loss.

Iran

Debate between Dominic Raab and John Whittingdale

Wednesday 25th September 2019 Commons Chamber

[Dominic Raab]

The hon. Gentleman makes a number of good points. I agree with him in relation to Saudi Arabia. We monitor very carefully the situation in relation to international humanitarian law, and we raise those issues with the Saudi Government. We remain committed to the JCPOA, but I do not quite follow his logic, in the sense that we recognise the limits of the JCPOA at the same time. The approach is and should be, as set out by not only President Trump but President Macron, to go for a more ambitious deal which is more effective in relation to not only the nuclear concerns we have but all the other issues that, as I am sure the hon. Gentleman recognises, concern the international community, whether it is dual nationals, freedom of navigation or its recent behaviour in terms of the Aramco attacks.

[Mr John Whittingdale (Maldon) (Con)]

I strongly welcome my right hon. Friend’s continued championing of the cause of media freedom, on which Iran’s record is one of the worst in the world. In particular, will he continue to press Iran to cease the persecution of families of members of the BBC Persian service, who have faced arbitrary arrest, asset freezes, passport confiscation and surveillance?

[Dominic Raab]

This week at the UN General Assembly, the UK will be hosting an event on media freedom and a separate event in relation to Iran’s human rights record, so I can give reassurance that in both those key areas we are championing, not only on a bilateral basis but on a multilateral basis, all those issues that he is concerned about.

Brexit Negotiations and No Deal Contingency Planning

Debate between Dominic Raab and John Whittingdale

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

The right hon. Gentleman might have also, in quoting Michel Barnier, referred to his comments on 27 August, when he said:

“We are preparing to offer Britain a partnership such as there has never been with any other third country”.

The right hon. Gentleman is certainly right to raise those points when they are pushed back, but this is a negotiation. We continue to explain our proposals to Michel Barnier and to the other member states, and we are confident that we will make progress.

[Mr John Whittingdale (Maldon) (Con)]

May I confirm what the Chairman of the Select Committee has just said? Mr Barnier said to us in Brussels yesterday that the Chequers proposal fundamentally undermines the single market and is unacceptable. He went on to say, however, that he was keen to negotiate a free trade agreement, with associated agreements in the other areas that the Secretary of State has described. Is not it now time, therefore, to abandon the flawed proposal that is not going to work, and instead try to achieve an agreement that delivers Brexit and preserves the fullest level of co-operation?

[Dominic Raab]

I always listen very carefully to my right hon. Friend’s advice. I do not think that, having presented our proposals, we are going to roll over for Brussels. We are going to explain them to Michel Barnier and answer the questions, practical and others, he has raised. We are confident that our proposals respect the key and core equities and core principles of the EU, but also resolve all the issues we need to see resolved around frictionless trade at the border, critically, in terms of our future relationship, avoiding any need for recourse to the Irish backstop.

Oral Answers to Questions

Debate between Dominic Raab and John Whittingdale

Thursday 19th July 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Dominic Raab)]

On 19 June, we published a joint statement on the draft withdrawal agreement, setting out our progress in agreeing the text on a majority of separation issues. Negotiations are ongoing, and my officials are in Brussels. With last week’s publication of the White Paper, we hope to intensify negotiations on the future relationship.

[Mr Whittingdale]

Does my right hon. Friend agree that the financial settlement contained in the withdrawal agreement is one of our strongest bargaining cards? Will he therefore include in the Bill provisions to ensure that its full payment is conditional on our achieving a satisfactory outcome to negotiations?

[Dominic Raab]

As ever, my right hon. Friend makes a powerful point, and as the EU says, there is no deal until the whole deal is concluded. The withdrawal agreement must come alongside a framework for the future partnership agreement—article 50 requires that—and if one party does not meet its side of the bargain, that will inevitably have consequences for the deal as a whole.

Oral Answers to Questions

Debate between Dominic Raab and John Whittingdale

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

I am always bewildered by the approach of the Opposition to the charter. When Labour was in power, it claimed, rather fraudulently, that it was seeking an opt-out, but now that it is out of office and we are leaving the EU, it wants to opt back in. We have the strongest protections for human rights in this country, and they have been reinforced. We are going to see no diminution in those protections, but the charter adds uncertainty and is frankly surplus to requirements.

[Mr John Whittingdale (Maldon) (Con)]

Does my hon. Friend agree that the pilot scheme that allowed the filming of judges’ sentencing remarks in criminal courts has been a success? Will he now consider going further in allowing the broadcasting of court proceedings, so that justice is not just done but seen to be done?

[Dominic Raab]

We have made considerable progress in the Supreme Court and the Court of Appeal, and my right hon. Friend is right to say that one of the areas under review is the broadcasting of judges’ sentencing remarks in the Crown court. Last year, we conducted not-for-broadcast tests in eight Crown court centres, and we are looking at the experience from those trials with the judiciary in order to see how best to proceed.