(10 years, 5 months ago)
Commons ChamberThe whole House has great respect for the right hon. Member for Blackburn (Mr Straw), who, as always, was careful to acknowledge that the previous Labour Government did make some mistakes. One of those has been all over the newspapers this morning. It was a decision that he was closely involved in and that I voted against: the decision to invade Iraq. That has proved to be one of the single most disastrous decisions ever made in foreign policy, and we have reduced that country to chaos. There are also lessons to be learned for the future, when next we think of involving ourselves in foreign countries with military ventures, whether in Ukraine or Syria.
The right hon. Gentleman was also generous in his description of the very difficult economic decisions that both Governments have grappled with. Of course he is right to say that the roof has to be fixed, but I am sure he would accept it when I say, as a former Chairman of the Public Accounts Committee, that there were productivity declines in areas such as the NHS and that extraordinary waste was involved in the rapid increases in expenditure, particularly on health and education. I am sure that both Governments have a lot to learn about that. I agree with him that we were probably wrong to agree to commit ourselves to accepting Labour’s spending plans, which were too high, and I have consistently argued that we should have addressed the deficit even quicker. It is a matter of regret that we are still spending more than ever before. That highlights the key challenge that both parties face: we have to keep addressing this deficit.
The current Government are winning the economic argument because there remains a lack of coherence in Labour’s spending plans. The whole country realises that there has been this monumental waste and the Government are addressing it. Perhaps we could have done more and we could have done it in a better way, but we are seeking to address it. This Labour Opposition, unlike the Labour Opposition before 1997, who accepted our spending plans before 1997, do not apparently have a coherent economic message to address that. We know that elections are won on the economy.
At the moment, we cannot deny that 2 million extra jobs have been created in the private sector, and I have to say, following an intervention from the Opposition Benches, that they have not all come from ex-members of the Bullingdon club. There are a lot of ordinary people who are getting these jobs. The Opposition have to address that problem, and we have to concentrate on the economy. It was significant and a bit of an innovation that, in the Gracious Speech, the Queen often mentioned the economy.
I am extremely grateful to the hon. Gentleman for giving way and for his generosity towards me. Yes, of course I accept the 2 million figure that he mentioned, but does he acknowledge that a significant element of that 2 million, whether we like it or not, is composed of those migrants who have come in, about which he so much complains?
Yes, of course I acknowledge that, but the point I want to make is that it is by concentrating on the economy during the last year of this Government that we will establish our credibility as a party of government. What worries me is that although there is so much in this Queen’s Speech that is excellent, especially the Bill dealing with pensions, we still sometimes forget the essential lesson that, as a Conservative party and a Conservative Government, where we do conservative things and address the economy in a conservative way, we win. Where we indulge in modernising gimmicks, we stumble and start to lose. Sometimes, we forget that. When we do conservative things, such as cutting the deficit, introducing a benefit cap and attempting—not enough—to deal with immigration, we win.
I am still worried about a couple of things in the Queen’s Speech. Is it really essential, when we are trying to address record spending and difficulties in the economy, to start talking about eradicating plastic bags in supermarkets? Is that a priority? Is it essential to start talking about the recall of MPs? It may at first sight be populist and popular, but it is very difficult to administer and probably will not solve any problems. For centuries, rogue MPs have consistently been kicked out of this place, so let us concentrate on the economy.
(13 years, 9 months ago)
Commons ChamberI am delighted to follow the hon. Member for Gainsborough (Mr Leigh). This is the first time that I have ever heard him endorse anything Liberal Democrat.
I share the hon. Gentleman’s opinion of the Bill, which he described as pretty unimpressive. The content of the Bill does not remotely justify its extraordinary and wholly inaccurate title. We would expect a debate on a Bill to protect our freedoms to include a far more wide-ranging discussion by the Home Secretary of the nature of freedoms in this country and how they should be properly balanced. We would also see a description of such essential freedoms in the Bill. However, the Bill, parts of which are worthy and others downright dangerous, is no more than a standard criminal justice amendment Bill.
I am glad that the hon. Gentleman endorses that view.
I am sorry that the Home Secretary has left the Chamber, although I understand the pressures on her. She made some extraordinarily hyperbolic remarks, and described the situation under the previous Government as the creeping intrusion of the state and a slow march to authoritarianism. As my right hon. Friend the shadow Home Secretary has accepted, the previous Government got some things wrong, and, in the light of experience, some things turned out not as intended. I will deal with those later, but on our record of balancing necessary security with the expansion of freedoms, I and the Labour party defer to no one.
Labour was the party that introduced the Human Rights Act 1998. I remind the Conservatives that they voted against it on Second Reading. I am glad that, following amendments to the Bill, which I sought to make to build the kind of consensus of which my right hon. Friend the shadow Home Secretary spoke today, the then Conservative Opposition supported it on Third Reading. The then shadow Attorney-General, the late Nicholas Lyell, said from the Opposition Dispatch Box that he wished the Bill well.
I also remind the hon. Member for Stone (Mr Cash) that the 1998 Act is about bringing British rights home, so that they can be adjudicated on by British courts. The Act does not create a sovereign Supreme Court. As my right hon. Friend pointed out, under section 4, even if the British Supreme Court declares that legislation made by this House is incompatible with the incorporated European convention on human rights articles—that happens rarely, and not in the cases of DNA or votes for prisoners—the legislation is not unenforceable: it stays in force unless and until this House decides otherwise.
The Labour Government introduced the Human Rights Act 1998, the title of which was never disputed, because it was indeed about human rights—we could have called it the “Human Rights and Freedom Act”. We also introduced the Freedom of Information Act. I am proud that I was the Home Secretary who produced those measures and a number of others. The previous Conservative Government opposed the freedom of information legislation at every stage for 18 years. They wanted only a non-statutory, unenforceable code. That is all they would have introduced.
(13 years, 9 months ago)
Commons ChamberI rise to support the motion in the names of the right hon. Member for Haltemprice and Howden (Mr Davis), the hon. Member for Esher and Walton (Mr Raab), other hon. Members and myself. I should perhaps explain that the hon. Member for Esher and Walton underwent an operation yesterday and is hoping to be present later today, such is his interest and, as a former Foreign Office lawyer, his expertise in this issue. I thank my hon. Friend the Member for North East Derbyshire (Natascha Engel) and the Backbench Business Committee for choosing our motion for today’s debate.
At the heart of this debate is a conflict of principles, which sometimes have to be faced in politics and by Governments. On the one hand, there is the issue of whether convicted prisoners should be allowed to vote while serving their sentence. On the other, there is the question of how we meet out treaty obligations in respect of the Council of Europe, the European convention on human rights and the Court in Strasbourg. I will deal with those points in turn.
A ban on convicted prisoners voting while in jail has existed in this country at least since 1970. Post-war, the question has been considered under a Labour Administration in 1968, a Conservative Administration in 1983 and a Labour Administration in 1999-2000. On each occasion, the position was confirmed by an overwhelming cross-party consensus. On each occasion, amendments could easily have been moved in the House by those who supported an end to the ban, and voted on. On none of those occasions, and on no other occasion that I can recall, has this ever been a matter of active pursuit for Members of any party in this House. Significantly, and to echo the point made by the hon. Member for Harwich and North Essex (Mr Jenkin), neither I nor my staff can recall one letter, among the hundreds of complaints from prisoners with which I have dealt in my 32 years in this House, calling for the right to vote from prison.
I turn to the European convention on human rights and the Strasbourg Court’s decisions. The convention was drafted principally by distinguished British jurists, including David Maxwell Fyfe, who was later Home Secretary and Lord Chancellor in Conservative Administrations. The convention is a fine statement of what we all understand to be fundamental human rights. As an instrument, it has stood the test of time, and I strongly support it. One key problem for many years after the convention was agreed in 1951 was that, in contrast to most signatory states, it was not incorporated into our domestic law. That meant that the United Kingdom was much less likely to be given the latitude offered to other countries—the so-called margin of appreciation—by the Strasbourg Court, because our courts were not able to adjudicate on the convention’s articles.
With respect to the right hon. Gentleman, is the problem not that his Government got us into this mess by incorporating the convention into our law? There is no way out now for this Government. There is a queue a mile long of people on no win, no fee cases, waiting to sue the Government. What is he going to do about it?
I spelled that out in The Times this morning, and I was just about to come on to that point. I am grateful for the cue from the hon. Gentleman.
The Human Rights Act 1998 is part of the solution to the problem; it was never part of the problem. I shall explain why. We have not been able to enjoy the margin of appreciation and our courts have not been able to adjudicate on the convention’s articles. The first attempt to deal with that issue in the House was made in 1987 by the then Conservative Member of Parliament, the late Sir Edward Gardner, QC. His private Member’s Bill failed after receiving considerable Back-Bench support from all parts of the House, but scepticism from those on the Government and Opposition Front Benches. Ten years later, I was privileged to do what Ted Gardner had begun with what became the Human Rights Act 1998. In the end, it gained all-party support, as proceedings on Third Reading show.
Importantly for this debate, and to answer the hon. Member for Gainsborough (Mr Leigh), the White Paper preceding the Human Rights Act was entitled “Rights Brought Home”. It was about repatriating British rights in the convention that we had provided for other countries in Europe, but that were not available to our own citizens.
(14 years, 2 months ago)
Commons ChamberI am quite sure. I was in favour of September sittings and my hon. Friend will recall that they had to be abandoned one year so that the screen in the Chamber could be put up. When I tabled a motion the following year as Leader of the House to reinstate September sittings I was roundly voted down by an all-party alliance, including many Conservative Members. Both parties in the coalition are probably now regretting this September sitting, because it has done them absolutely no good. Long may that continue.
The right hon. Gentleman is being very unfair to our Liberal friends. Does he share my understanding that, if there were a crisis and the Liberals had to walk out of the coalition, the Conservative Prime Minister would be prevented from calling an election if the Bill had become law? If the Liberals were then to offer to join a coalition with the right hon. Gentleman, would he embrace them tenderly?
I am not going to get into too many hypotheticals, but it is a matter of public record that, speaking personally, I was not too keen on the embrace when it was offered on or about 8 May. The hon. Gentleman might wish to take some comfort from that for the future. Aside from anything else, he should do the arithmetic as to whether there could be some stability from such a coalition.
As others want to speak, let me come to the crucial issue of whether the fixed term should be five years or four years. Most constitutional experts are agreed that four years is a more appropriate fixed term and would better reflect the constitutional position, historical practice and comparisons with other Parliaments. Professor Robert Blackburn has said:
“In the UK, there can be little doubt that the period between general elections should be four years...It was the period expressly approved of as being normal in practice, when the Parliament Act set the period of five years as the maximum.”
(14 years, 2 months ago)
Commons ChamberI began my contribution at about 4.40 pm and, as Mr Speaker said, more than 70 hon. and right hon. Members wish to speak, so I am going to break the habit of 30 years and try to make a short speech. I therefore need the assistance of Members on both sides, but I give way.
I am afraid I do not follow the hon. Gentleman’s argument. I accept and respect the fact that people have many different views on this matter. He and I may be on different sides on first past the post, but we are on the same side in opposing any idea of proportional representation, or such nonsense, for elections to this House. Those are issues that can be debated during the referendum campaign and it is for the people to decide.
I agree, as is so often the case, with the right hon. Gentleman on the necessity of having this vital referendum on its own day, but as a matter of interest, as a supporter of AV does he think it will be more likely to get through if the referendum is on the same day as other elections?