(1 year, 8 months ago)
Commons ChamberThe hon. Lady is absolutely right. I pay tribute to Sarah’s trailblazing record. A few years ago, I had the opportunity to watch the England female rugby team, and I was blown away. We look forward to Sarah and England going on to bigger and better things.
This is a hugely important project with all sorts of opportunities, such as jobs and education, and with a projected increase in economic output of over £100 billion by 2050. My hon. Friend is right that the project needs transparency and scrutiny, and the first stage is already under construction on time and under budget. I am told that the subsequent stages will go through full and transparent scrutiny as part of the planning process.
(4 years, 5 months ago)
Commons ChamberI thank my hon. Friend, who I know has been a stalwart champion of freedom of speech ever since we both entered the House. I reassure him. I spoke to Amal Clooney about the case; Maria Ressa was her client and worked very closely with her. I know that the Minister for Asia has raised this with the ambassador from the Philippines. I also discussed the case with Mike Pompeo, the US Secretary of State.
More broadly, there are three elements of our strategy for preserving media freedom around the world. We have a joint campaign with the Canadians to strengthen media freedoms and protect journalists. We are championing freedom of religious belief around the world and I will shortly—certainly before the summer recess—be bringing the new Magnitsky legislation to this House, both the legal regime and the first designations we will be adopting.
(10 years, 10 months ago)
Commons ChamberI will make a little progress, but I will certainly come back to the hon. Gentleman.
The key difference between my proposals and part 2 of the Bill is that my proposals would deal with the problem. They do not require us to scrap the Human Rights Act or pull out of Europe. To the great chagrin of some of my colleagues, my proposals do not dip their toe into those totemic, polemical matters. They would not be struck down by UK judges, because they would be unequivocal primary legislation with overriding force. They are expressly within the terms of the Human Rights Act. That is spelled out in the memo to which the shadow Minister referred, if he reads it carefully.
We must be clear that incompatibility and illegality are two different things. It is clear that the UK courts would enforce the new clause that I am putting before the House. It is also clear from the most recent Home Office advice that I have received, to which hon. Members have also referred, that the new clause would not attract a rule 39 injunction from Strasbourg. That is because there would be no irreversible harm. It is extremely rare that Strasbourg would even consider a rule 39 injunction in such a case. The original memo that the shadow Minister cited referred to this matter, but the most recent memo from the Home Office team that has been sent to me, which is from November, is very clear:
“we do not expect interim measures under Rule 39 to be issued routinely, if at all.”
Of course, it is likely that if my new clause attracted a rule 39 injunction, the clauses in part 2 would be equally susceptible to such a challenge. That is the key point: the official advice from the Home Office is that such a challenge is very unlikely.
I will just expand on this point. I have quoted the advice that I have received. If anyone thinks that the new clause has been tabled with the aim of flouting UK law or engaging in illegality, as opposed to doing something that might be incompatible with the wider, opaque obligations of the ECHR, they misunderstand the point. It is wrong to say that that is what the Home Office’s advice states, because I deliberately sought its advice.
Even if we face a longer-term claim to Strasbourg that is not based on injunctive relief, the new clause remains faithful to the convention. We must not forget that for a second. Paragraph 2 of article 8 on the right to family life provides a list of grounds for curtailing the right to family life, including law enforcement, crime prevention, public protection and protecting the rights of others, which is what the colleagues from both sides of the House who support the new clause care so deeply about.
(13 years, 9 months ago)
Commons ChamberOn my hon. Friend’s point about the critical importance of prosecution, is he aware that many of the conditions that apply to control orders also apply to immigration bail conditions: relocation, restriction on communication and tagging, all without any charge and imposed indefinitely? Does he agree that it will be an omission if those restrictions in the conditions are not also considered for change in the review?
My hon. Friend makes a valid point and is absolutely right that those restrictions should be considered.
My hon. Friend the Member for Newark made an important point about the significance of measures that we consider in this House. The political heat that the debate on control orders has generated over a number of years bears scant resemblance to their relevance as a security measure. In fact, that distracts us from grappling with a growing prosecutorial deficit, which in my view is one of the major problems we face.
There are other vital reforms that we should be grappling with but are not because of the political lightning rod of control orders. Most notably in my view, we should be reforming the Human Rights Act 1998 so that we can deport criminals and terrorist suspects more readily. I want to be clear that we would not necessarily deport them to face torture—I do not support that—but there has been an expansion in article 8 cases, which prevents deportation when it might disrupt family life; I currently have a constituency case dealing with that. That is a bridge too far and a result of judicial legislation. Some changes to the Human Rights Act would restore some balance in that respect.
The increasing fetters on deportation mean that we are importing risk, which is one reason why the previous Government resorted to so much authoritarian legislation in the first place. In deference to this Government, I welcome the fact that they are expediting the review on the Human Rights Act and the case for a Bill of Rights. That is an important piece of work and it should not end up in the long grass.
I support the Minister in his efforts, but I struggle to see the case for keeping alive this broken control order regime to limp on indefinitely when there is so much else that we can and should be doing to deport and prosecute those who threaten our country with terrorism.