Afghanistan Policy

Baroness Laing of Elderslie Excerpts

Monday 13th September 2021 Commons Chamber

[Victoria Atkins]

In relation to the right hon. Gentleman’s first question about what people should be doing, I am trying to reflect the rapidly changing security situation in Afghanistan, so I would ask any Member of Parliament to consider very carefully whether they feel able to, or comfortable, giving people advice about moving to borders, because, with the best will in the world, we cannot hope to have the sort of information that, for example, those on the ground, those working with the armed forces and so on will have. The advice at the moment is to look at the gov.uk website. That is our primary source of information. We need to bear in mind, of course, that with anything we talk about, there is the potential that others are watching—bad actors and so on. Indeed, Members of Parliament should bear that in mind when it comes to their own correspondence; we heard the experiences of a colleague last week in relation to a fraudulent attempt.

Let me turn to the right hon. Gentleman’s second question, which was about the process. ARAP is organised by the Ministry of Defence, which has its lists of people and so on. With the citizens scheme, we are trying a blended approach. We want to use the United Nations High Commissioner for Refugees as we have done under the Syrian scheme, but we recognise that that only deals with people who are out of country in refugee camps, by and large. We also want to look at civil society. We are not proposing to open this up as an applications process, because there are 40 million people living in Afghanistan, and I suspect that the overwhelming majority of them feel pretty vulnerable for various reasons at the moment.

We will be working with international organisations, including non-governmental organisations, to invite people forward to the other two parts of the scheme. Bear in mind, of course, that some of the 500—[Interruption.] I suspect that the hon. Member for Rhondda (Chris Bryant) will get his moment. Some of the 500 or so people who have been evacuated under Operation Pitting may be eligible under this scheme. As I said, we are having to take this step by step, but we wanted to keep the House as updated as we could today, so that it is aware of the direction of travel.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I appreciate that the Minister is dealing with complicated and sensitive matters, and that she is anxious to give full answers to colleagues. She certainly is not avoiding questions, but is taking them head-on. Unfortunately, some of the questions are also rather long and complicated, so we have managed, in 40 minutes, to take questions from five Back Benchers. We will have to go a lot faster now, but in order that the Minister can give short answers, I need to have short and succinct questions. That way, we will cover everything eventually.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I welcome the statement. Many of those fleeing the Taliban will be highly skilled people who will want to integrate rapidly into the workforce so that they can become contributors, not just supplicants. Will the Minister unpack a little the £20,520 per person in core funding that she announced, and tell us what proportion of that she envisages being used for further education to enable people, where necessary, to upskill? What conversations has she had with her ministerial colleagues at the Department for Education to see what more colleges in localities can do to ensure that these people are able to do what they aspire to do, which is to enter the workforce and be contributors?

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[Barry Gardiner (Brent North) (Lab)]

The Minister spoke about the ways the scheme will prioritise those who have assisted UK efforts, but what does “prioritisation” actually mean? Those who will be admitted on to the list of 5,000 in the first year need to know whether they are being prioritised, as that may affect their decision to travel to the border, or the way that people respond in Afghanistan, as well as those refugees outside it. The Minister will know that the criteria she set out would probably just about meet the 4,500 relatives of my constituents, every one of whom would qualify on that basis—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I know the hon. Gentleman has been waiting a long time, but we cannot have this. Members are meant to ask a question, and the Minister gives an answer. Not everyone has to ask all the questions that can be asked on this subject, just a question.

[Barry Gardiner]

My question is about what prioritisation means, who will be notified about it, how it will be determined, and whether there is any pre-filling of the lists, as is being rumoured in Whitehall.

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[Victoria Atkins]

The hon. Gentleman may not have heard when I referred to the fact that we were looking at the Syrian resettlement scheme, which is widely regarded as being a success. That scheme was resettling 5,000 people a year.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I apologise to the hon. Member for Birmingham, Perry Barr (Mr Mahmood) for not having called him earlier. In all honesty, I could not see him because of this screen. Let us hope they do not have to stay here very much longer.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

I have a constituent who landed just before the blockade. Her father-in-law has been shot. She has got to the border a number of times. I have communicated with the embassy and with the Pakistani authorities to try to let her come through, but to no avail because the Afghans will not let her through on a British passport. Can we get through the Foreign Office, or the Home Office, some sort of indication to help those people? If not, can we use other available embassies to guide and support those people who are there with British passports?

Nationality and Borders Bill

Baroness Laing of Elderslie Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Alberto Costa (South Leicestershire) (Con) [V]]

I am delighted to warmly welcome many of the measures outlined in this Bill, specifically those to make some well-reasoned amendments to nationality law and consequently our policy towards those wishing to become British citizens.

As the House will no doubt be aware, citizenship is often the smaller, quieter sibling of immigration policy. Successive Governments have often, and quite understandably, prioritised their focus and thoughts on immigration—how to control it, who to let in, why and when. The Government have done very well in reforming our country’s immigration policy in the midst of our exit from the European Union. We have reshaped our immigration system toward our country’s needs, which is the correct approach for a country navigating different waters in a brave new world as we move towards a global Britain on the world stage.

Previous Governments, however, have seldom thought about the part after immigration, and it is to this Government’s credit that they are now doing just that. Last year I had the pleasure of chairing an independent inquiry into UK citizenship policy with the highly regarded think-tank British Future; it included a number of colleagues from this House and experts from relevant stakeholders such as the Law Society of Scotland. The inquiry’s report, which is entitled “Barriers to Britishness”, sought to explore the means and capacity for possible reform in this often-forgotten area of policy to see how the UK Government could take a more welcoming and positive approach to those who have come here, built their lives here and made a significant contribution here.

It is often said that the journey to become a British citizen is too expensive or too complicated. However, I am pleased that the Government have taken on board a number of my inquiry’s recommendations. As a result, the Bill goes some way towards simplifying the process of becoming a British citizen. For those applying for citizenship, the introduction of the requirement for applications to show a sustained connection to the UK was one of my inquiry’s key recommendations. That is reflected in clause 8. It comes at the expense of the previous requirement for applicants to prove that they were physically present in the UK five years before their application. That helps to remove a barrier towards Britishness while reducing the need for applicants to rely on costly legal advice for their application. The clause may also benefit non-British members of the armed forces, who might serve abroad for protracted periods.

Clauses 1 to 4 remove some of the remaining anomalies associated with British overseas territories citizenship, allowing mothers and unmarried fathers to pass on BOTC status, which could previously be passed on only by a married father. That introduces a most welcome route to full citizenship for those who hold BOTC passports in 14 qualifying territories, including the Falkland Islands, whose residents, as we all know, have as much a sense of being British as those living here in the UK.

Another welcome change is outlined in clause 7, which creates a new process for the discretionary registration of adults as British citizens in circumstances when they would otherwise have become British had it not been for historical unfairness in the law, an act or omission of a public authority, or other exceptional circumstance. As the House will be aware, the Home Secretary already possesses the power to grant citizenship on a discretionary basis to children. However, by extending that right to adults, the Bill will benefit those such as the Windrush victims who have been stranded abroad or young adults who have grown up in care and whom the local authorities neglected to register as British as a child, or registered them under the EU settlement scheme.

The Bill, in making those amendments to nationality law, goes a long way towards simplifying the citizenship process for those who wish to be British. There are, however, further areas of citizenship policy to which I and the inquiry have recommended changes, not least the cost of a citizenship application. The cost of becoming a British citizen is £1,330. Let us compare that to the cost in Australia, which is £155; in Canada, which is £373; in New Zealand, which is £243; and in the United States, which is £590. I would be most grateful if the Minister explained why the cost of an application is extremely high, compared to the cost in those countries. I urge the Government to consider a much more reasonable application fee and reduce that further barrier to becoming a British citizen.

Overall, I welcome the Government’s proposals to make the offer of citizenship more open and accessible. I hope we can go further in ensuring that those who have chosen the UK in which to work and build their lives, and who have made enormous contributions, have that matched by the offer of citizenship. I will support the Government’s Bill this evening.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We begin with a time limit for Back-Bench speeches of six minutes.

Nationality and Borders Bill

Baroness Laing of Elderslie Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Debbie Abrahams]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the Home Secretary, but does the hon. Lady have an actual point of order?

[Debbie Abrahams]

As the Home Secretary is very eloquently saying, this is an incredibly important piece of legislation, and the lack of opportunity to hold the Government to account on it is a source of real concern. Can she invite—

[Madam Deputy Speaker]

Order. That is not a point of order. We are starting a debate, the purpose of which is to allow this House to hold the Government to account. We will be doing so until 10 o’clock tonight, and then again tomorrow. That is not a point of order, and the hon. Lady knows that.

[Priti Patel]

This is an important Bill, and it is right that we have given the House plenty of time to debate it.

We are seeking to achieve systematic, end-to-end reform of this system, but it is complex—it is absolutely complicated. Throughout this debate and in Committee, I hope all hon. Members will reflect on some of the points that have been made by Government Members. Over decades, we have found anomalies in our system. I have mentioned Windrush, tribunals and many of the processes that we want to streamline, which will of course deal with efficiency and productivity in case management.

Fundamentally, the new system will be fair to those who need our help and support. Everyone who plays by the rules will encounter a new system that is fair but firm. As representatives of the British people, we will be finally in control of many of these highly challenging issues that many successive Governments have sought to address in different ways, but now this Government are committed to fixing the broken system.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before I call the shadow Home Secretary—[Interruption.] I would be obliged if the hon. Member for Bermondsey and Old Southwark (Neil Coyle) did not speak loudly while I am on my feet. He can heckle other people, but he should not be heckling the Chair. I draw to the House’s attention the fact that there is obviously a very large list of people who wish to take part in this important debate. Therefore, there will be an initial time limit of four minutes, which will be reduced to three minutes at some point, depending on how fast we proceed.

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[Nick Thomas-Symonds]

The Home Secretary shakes her head, but in the 2019 report “Responding to irregular migration: A diplomatic route” the Foreign Affairs Committee warned of exactly that:

“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”

The Home Secretary should remember that because she was a member of the Committee at the time and her name is attached to the report.

While we are debating—or at least should be debating—a plan for refugees, we should cast our minds back to last week and the failure to restore the 0.7% commitment to international aid. The Department for International Development was tasked with delivering help to countries to tackle poverty and the drivers of people becoming displaced from their homes in the first place. The abolition of that Department was wrong and short-sighted. The work that was going on around the world to tackle the refugee crisis has been starved of funds, with programmes suddenly cut off. Our reputation around the world as a force for good has been damaged. The Government should restore the Department for International Development and restore spending to 0.7%.

The Bill is as wrong as it is ineffective. It will not tackle people smugglers, and it will not protect victims of human trafficking. It is, in reality, a continuation of this Government’s culture war. It is a culture war that led them to side with those booing the England men’s football team for taking the knee. Instead of supporting that brave stance against racism, the players were dismissed as taking part in “gesture politics” by the Home Secretary, and were told to stay out of politics altogether by other Conservative MPs. Last week, the Government refused to live up to their promises on international aid, and they ran away from their own failure to stand with football players against racism. This week, they promote more division with this Bill. As ever, they talk tough, but deliver nothing.

As it stands, the Bill is a charter for human trafficking. It is a missed opportunity that represents the worst of all worlds, lets evil criminals off the hook, and fails those who have been exploited. The cruel irony of this Government’s approach is that they are weak on taking action against criminal gangs, and brutal when it comes to orphan children from war zones. I ask all Members of the House to reject the Bill in the vote tomorrow.

[Madam Deputy Speaker (Dame Eleanor Laing)]

To reiterate, I am sorry but we have to start with a time limit of four minutes, simply because so many Members wish to participate in the debate. I call Mrs Theresa May.

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[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the hon. Member for Cardiff North, I should tell the House that after the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), the time limit will reduce to three minutes. With four minutes, I call Anna McMorrin.

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[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

It is crucial that we restore trust in our immigration system. Our asylum system is in desperate need of reform and our constituents rightly expect it to be fixed.

In only the past year, 16,000 people have entered the country illegally, and those are just the ones we know about. Some of those people are genuinely fleeing persecution and need our support, but others are not, and they may abuse the legal system by making repeated vexatious and often last-minute claims, challenging the Home Office’s ability to remove individuals lawfully in those cases and costing taxpayers a lot of money. That also creates a severe backlog, which delays the processing of genuine asylum cases and slows down our judicial processes.

Most worryingly, there are now 10,000 foreign national offenders in circulation outside prisons in the UK whom the Home Office are intent on deporting but cannot because of legal barriers. I welcome the fact that the Government’s new plan for immigration will speed up the removal of these dangerous foreign criminals. Any foreign national who comes to this country and abuses our hospitality by breaking the law should be in no doubt of the UK Government’s determination to deport them.

When assessing the needs of individual asylum claimants, knowing the age of applicants is really important for ensuring that children get protected and properly looked after. The UK is currently one of the very few countries in Europe that does not commission or employ scientific methods of age assessment when determining how old these young people are. As a consultant paediatrician, the welfare of children is of the utmost importance to me. As a doctor, I have participated in the past in the assessment of asylum-seeking children, and the current system in place is nowhere near accurate enough for making such crucial and important decisions. I welcome the fact that the Bill will enable the use of scientific age assessment techniques, and that there will be increased research into their accuracy, so that we can best direct our efforts to support the youngest and most vulnerable people.

Finally, the Bill addresses a number of anomalies in the system of British nationality law. Behind each of these anomalies is a person and a family, and I am pleased to see a change in the law that I have lobbied for since 2019: nationality for children whose fathers are not the husband of their mother at the time of their birth. One of my constituents, who has served this country on military operations, was shocked to discover that he was unable to get British citizenship for his son, despite the fact that he is British and the son was born in Britain. This is because his European mother was still legally married to a foreign national at the time of their son’s birth, and under the current legislation a child’s father is legally deemed to be the husband at the time the woman gives birth. However, in this particular case my constituent is the father in all biological, emotional and practical terms.

New measures in the Bill will provide an entitlement to British citizenship for people who were previously unable to acquire it because their mother was married to someone other than their biological father at the time of birth. This will fix an outdated rule and ensure that my constituent and many others can rightfully pass on their nationality to their children. I am pleased to support this Bill.

[Madam Deputy Speaker (Dame Eleanor Laing)]

For the sake of clarity, I ought to reiterate what Mr Speaker said to the House earlier today. As the right hon. Member for Doncaster Central (Dame Rosie Winterton) has been required to self-isolate and therefore cannot take her usual place in the Chair, the hon. Member for Bradford South (Judith Cummins) will shortly be taking the Chair having been appointed a temporary Deputy Speaker, and I hope that the House will be gentle with her.

Prevention and Suppression of Terrorism

Baroness Laing of Elderslie Excerpts

Tuesday 13th July 2021 Commons Chamber

[Chris Philp]

As the hon. Lady said in her speech a few minutes ago, we do not comment on specific organisations for obvious reasons of operational security. In the absence of the Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who has very sadly had to stand down owing to ill health, ministerial responsibility sits for the time being with Baroness Williams of Trafford, to whom I shall pass on the hon. Lady’s request.

In conclusion, let me repeat how seriously this Government take action against terrorist organisations, regardless of their ideological motivation. We will leave no stone unturned nor any path untrodden in our ceaseless battle to keep our fellow citizens safe.

Question put and agreed to.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now suspend the House for just one minute in order that preparations can be made for the next item of business.

Police, Crime, Sentencing and Courts Bill

Baroness Laing of Elderslie Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

I support strongly the aim of this Bill, and I trust that it will make our country safer and more secure for every individual who obeys the law in this country.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With apologies to the hon. Member for Leicester East (Claudia Webbe), who is about to speak, I am afraid that I have to reduce the time limit to three minutes. I will be a little lenient with the hon. Member, but it will certainly be three minutes after her. I call Claudia Webbe.

[Claudia Webbe (Leicester East) (Ind)]

Thank you, Madam Deputy Speaker. I am gravely concerned by this legislation, which, frankly, would not look out of place in the world’s most authoritarian regimes. The fact that this legislation could introduce, for damaging a statue, a sentence that is twice the length of that for sexual assault reveals how utterly unserious this Government are about tackling gendered violence.

The legislation will have a disproportionate effect on African, African-Caribbean, Asian and minority ethnic communities. We know that black people already disproportionately suffer from police use of force in the UK, are more likely to be charged and are over-represented in the prison population. Human rights group Liberty has expressed concern about the provision to widen stop-and-search powers because they are used against communities of colour, especially black men, at staggeringly disproportionate rates. According to Roma rights group Friends of Romano Lav, the legislation will also have a devastating effect on Gypsy, Roma and Traveller communities. This Bill therefore threatens to severely exacerbate an already unequal two-tier justice system in which UK residents are treated differently because of their background or the colour of their skin.

It is for that and many other equality reasons that I tabled new clause 54, which would introduce a statutory requirement for the equality impact analysis that is currently missing from the Bill. That would compel the Secretary of State to review the equality impact of the Bill and publish a full report to the House of Commons within six months. The review would include racial and ethnic disparities, income inequality, gender inequities, people with protected characteristics, public sector equality and regional inequality.

Given existing legislation, it is shocking that the Government do not already feel compelled to produce such a report. An equality impact analysis would ensure that it was not possible to ignore the severe inequalities in how the criminal justice system treats different groups of UK residents, and that would lay the groundwork for a fairer and more equitable criminal justice system. It is especially alarming that the Bill gives even more powers to the police to crack down on peaceful protests. Organised peaceful resistance is a force for change and deserving of our full support.

I sincerely hope that new clause 54, as well as all the amendments and new clauses I have highlighted and the many others that there has not been time to mention, will be adopted to curtail this deeply concerning, authoritarian Bill. I will end with this, Madam Deputy Speaker: if the Bill cannot be made considerably more equal, more transparent and more respectful of our democratic rights, it must not be brought into law. If it passes into law unchanged, I fear for the future of our civic life.

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[Alex Cunningham]

What about rape—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Please do not shout.

[Jess Phillips]

Will the hon. Gentleman give way?

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[Kim Johnson (Liverpool, Riverside) (Lab)]

I welcome the Government’s recognition that we are facing a crisis in policing, the criminal justice system and the courts, because even before the pandemic, their austerity cuts over the past decade have brought the justice system to its knees, with the Ministry of Justice losing a quarter of its budget. I support new clauses 89, 97, 28, 31 and 32.

The Government voted against Labour’s proposals to increase minimum sentences for rapists and against toughening sentences for domestic abusers and murderers, but this Bill is full of divisive nonsense such as locking up protesters who cause annoyance or damage statues of slave owners for longer than those who rape women. This should have been a watershed moment to change the criminal justice system so that it works for women, not to try to divide the country.

The Conservatives’ Bill is not tough on crime. It is tough on the freedoms, rights and civil liberties that we all enjoy. The tragic death of Sarah Everard instigated a national demand for action to tackle violence against women. The last thing that the Government should be doing is rushing through poorly thought-out measures to impose disproportionate controls on freedoms of expression and the right to protest. Now is the time to unite the country and put in place long overdue protections for women against unacceptable violence, including action against domestic homicide, rape and street harassment, as well as tackling the misogynistic attitudes that underpin the abuse of women.

Just a few weeks ago, the Prime Minister was forced to apologise to rape victims for the record low conviction and prosecution rates under his watch. That is a stain on our country, and I hope that all Members across the House agree that action must be taken to make it easier for rape victims from the moment they report the crime through to the conclusion of their case and beyond. I urge all Ministers to support Labour’s amendment that would help to make it easier for victims of rape and sexual assault to give evidence.

The Crown court backlog is now at a record high of 60,000 cases. Victims face wait times of up to four years, and many give up before the process has begun because they cannot face the extensive distress and trauma. Nearly 300 courts across England and Wales have been closed during the past decade of Tory rule, and there are 27,000 fewer sitting days than in 2016. According to Citizens Advice, the backlog of individual tribunal cases is likely to reach more than half a million by spring unless swift action is taken and serious funding committed.

The Bill is an opportunity to rebalance the scales of justice to ensure access for ordinary people and to tackle the systemic barriers and record backlog in our creaking and hollowed-out justice system. I call on Members across the House to support the amendments that the Labour party has tabled to help tackle some of the most difficult challenges faced by our criminal justice system.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It is something of a surprise to me that, as a great many people have suddenly removed their names from the list, the Members whom I had hoped to call—the hon. Members for North Norfolk (Duncan Baker) and for Gloucester (Richard Graham)—are not here. [Interruption.] I appreciate the offer of help from the hon. Member for Birmingham, Yardley (Jess Phillips), but we will go straight to the Lord Chancellor.

[Robert Buckland]

The debate today has been stimulating and thought-provoking as Report stage merits. I would, however, challenge some of the narrative that we have heard from the Labour party, although in many respects we have shared the common goal of trying to reduce the threat and infliction of violence and abuse against women and girls. I think back to what we did with the Domestic Abuse Bill, and I see the hon. Member for Birmingham, Yardley (Jess Phillips) in her place. She was a champion of that Bill, and I am grateful to her; I always will be.

Let us just remind ourselves of how far we have come in the past 10 or 11 years. I was delighted to take part in a cross-party campaign to reform the law on stalking, which this Government have further strengthened through increases in maximum sentences. When I look back at the upskirting legislation, I am proud of the work that was led by this Government. We also brought in the offence of coercive control for the first time, to cover a wide range of criminal behaviour committed, in the main, against women and girls. Revenge porn has been outlawed. The rough sex defence has been ended, and we have already acted to end automatic early release for serious violent and sexual offenders. This Bill brings forward further welcome measures to protect the public, to build on our work to better protect women and girls, to increase sentences for the most serious sexual and violent offenders, and to support the police in their vital work in keeping our streets safe.

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Third Reading

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before I call the Home Secretary, it is obvious that there is very little time left for this part of the proceedings, so there will be a time limit on Back-Bench speeches of three minutes. However, I urge even greater brevity.

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The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for two minutes to make arrangements for the next item of business.

EU Settlement Scheme

Baroness Laing of Elderslie Excerpts

Tuesday 29th June 2021 Commons Chamber

[Kevin Foster]

I am afraid that the right hon. Gentleman is not correct. Those who have an application—[Interruption.] I am not sure why we have Wimbledon on the screens, but anyway—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. It should be noted that there is a mistake in the broadcasting. I will just pause the House for a moment. Can we have it stopped immediately? It is not fair to the Minister to have his audience distracted, although of course nobody would think that Wimbledon was more exciting than what he has to say.

[Kevin Foster]

Thank you, Madam Deputy Speaker. I think what I have to say is actually quite crucial given the reference to the position of half a million people in this country. Let us be absolutely clear: a person who applies by the 30 June 2021 deadline will have their existing rights protected pending the outcome of their application, including any appeal. That includes the right to work and the right to access healthcare. This is achieved not just by me saying it at the Dispatch Box but by the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020—a law passed last year. The firm message that I would give is that people should get their applications in by the deadline tomorrow, but if they have made an application in time, before that deadline, their rights are protected pending the outcome. Therefore, those half a million people will not be exposed to some of the issues that the right hon. Gentleman set out.

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[Kevin Foster]

First, to reassure my hon. Friend’s constituent, all those who have applied by 30 June will have their existing rights protected pending the outcome of their application. To be clear, we deal with linked family applications together as far as we can. Those who apply after another family member may be doing so in their own right and may need to be assessed individually. However, as I have already touched on, our goal is to get as many outstanding cases completed as possible. Those that have been outstanding for over a year are mostly related to pending prosecutions or serious criminality.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for three minutes so that arrangements can be made for the next item of business.

Misuse of Drugs Act

Baroness Laing of Elderslie Excerpts

Thursday 17th June 2021 Commons Chamber

[Jeff Smith]

I thank the Minister for his response—I am pleased that he is open to listening on this issue—and my good friend, my hon. Friend the Member for St Helens North (Conor McGinn), and the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), for their contributions, although I agree with the SNP spokesperson that it is regrettable that those three individuals, rather than health representatives, should be responding to a debate on drug policy.

We await the second report of the Carol Black review. The first report set out the very significant problems very well. However, the Government were very clear, in the remit she was given, that she is not able to look at legislative change, and I think that it is regrettable. I agree actually with the Minister that there is no silver bullet. This is a complex issue, and all I have been saying really, and all that most people have been saying, is: let us look at the evidence, let us review the Act and let us see if it is still fit for purpose. I personally do not think that is too much to ask.

This is the first time we have had a debate on drug policy in this Chamber since 2017, which is a shame because it is an issue in many—probably most—of our constituencies. As politicians, we really need to address this issue thoughtfully and with careful consideration to find the right way forward. I hope it is not another four years before we discuss this issue and look at the best way forward by looking at the evidence of how we reduce harm to our communities.

Finally, I thank all the speakers who have taken part in the debate today and, again, the Backbench Business Committee for allowing the time.

Question put and agreed to.

Resolved,

That this House has considered the Misuse of Drugs Act 1971.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now suspend the House for three minutes in order to allow arrangements to be made for the next item of business.

Daniel Morgan: Independent Panel Report

Baroness Laing of Elderslie Excerpts

Ways and Means resolution & Programme motion
Monday 24th May 2021 Commons Chamber

[Victoria Atkins]

I thank the hon. Gentleman for his questions and for bringing this urgent question to the House, because he has set out some of the reasons why this case is so very important. Indeed, we note that this review, which was directed by the then Home Secretary in good faith eight years ago, has taken as long as it has to work through the evidence.

The allegation that publication has been blocked is not correct. One cannot block the publication of a report if one has not yet received it. The Home Office has not received the report. As I said in response to the urgent question, the Home Office is working with the chair of the panel to agree a date for publication. [Interruption.] There is some chuntering from a sedentary position.

In terms of the contents of the report, I spoke only this afternoon to the Home Secretary about this matter. There is a very real wish—on both sides of the House, I think—to see this report published and to see answers for the family. As I say, she will be looking at this report. [Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We simply must not have shouting at the Minister from the Front Bench. It is simply not polite.

[Victoria Atkins]

Thank you, Madam Deputy Speaker. The reason the process for publication has been set out as it has is that it is in the report’s terms of reference from 2013, with paragraph 6 stating:

“The Independent Panel will present its final Report to the Home Secretary who will make arrangements for its publication to Parliament.”

The Home Secretary will be entering into that agreement in good faith and the report will be published.

I know there has been a question about redaction, editing and so on—that will not happen. The only caveat —I say this because I am aware of my duties at the Dispatch Box—is that, as the hon. Gentleman knows, the Home Secretary, like any other Home Secretary, has responsibilities, both in terms of national security and the Human Rights Act—

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[Chris Bryant]

On a point of order, Madam Deputy Speaker. I know that I should not comment on what has just happened, because that would be to keep the debate going—I have got a genuine point of order coming—but I would briefly point out that national security can be used to cover anything, even a mention of the Metropolitan police.

My serious point of order—I hope the Minister listens to it—is that there are, I think, at least eight named day written parliamentary questions on the Order Paper for answer tomorrow. The Home Office has been particularly bad at replying on the named day to named day parliamentary questions of late, and it would be enormously helpful to re-establishing trust if the Minister could ensure that they are all answered tomorrow. I do not know whether you have any means, Madam Deputy Speaker, of relaying that information to the Minister.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The hon. Gentleman is, of course, very clever in his making of a real point of order and seeking to continue the argument that has just taken place during his urgent question. I will ignore the part of his point of order that was not a point of order, and answer him quite simply by saying that I have relayed the points that he has made to the Minister by means of raising my eyebrows, and the Minister, by means of nodding her head in a most ladylike and professional fashion, has shown me that she has heard the point of order.

The serious part of the hon. Gentleman’s point of order is that when questions are submitted for a named day, the Department to which they are submitted ought to pay attention to that and not merely to ignore it. Mr Speaker has said many times over these last few months that many questions are taking too long to be answered. I have every confidence that the hon. Gentleman’s questions will be answered on the correct day and that, if they are not, he will raise the matter again, and whoever is in the Chair will look upon the matter with great seriousness.

I now very briefly suspend the House, this time for only two minutes, in order that arrangements can be made for the next item of business.

Safe Streets for All

Baroness Laing of Elderslie Excerpts

Monday 17th May 2021 Commons Chamber

[Priti Patel]

My hon. Friend makes an important point. He will see when the Bill is introduced some of the loopholes and the way in which even the landmark Modern Slavery Act is sadly being abused by criminal gangs and traffickers. There is an important point that we must address. We will continue to support those who flee persecution and those who become victims of gangs and criminals. Those important elements will be part of the legislation. We want to get it right because we must absolutely stop the level of criminality that is taking place. That very much speaks to the fact that the current system is not fit for purpose and justice is being delayed for those with genuine and important asylum claims. Judicial and court resources are overstretched and our new plan for immigration will address that.

The Bill will ensure that the system does not reward those who enter the UK illegally and through those appalling illicit means. Those who have travelled through a safe country where they could reasonably have claimed asylum, such as France or Belgium, are now inadmissible in the UK asylum system. For the first time, whether people enter the UK legally or illegally will have an impact on how their asylum claim is progressed, and on their status in the UK if their claim is successful. We will create a new and expanded one-stop-shop process so that asylum, human rights and any other protection claims are made and considered up front at the beginning of the process, ending the cycle of limitless appeals in our courts.

As I have made clear, the Government will do whatever it takes to protect the public, and that also applies to our national security. This year, we implemented the largest shake-up of terrorist sentencing and monitoring in decades. The Counter-Terrorism and Sentencing Act 2021 gives the courts, the police, the probation service and the security services greater powers to protect the public. The public rightly expect that we are always looking for ways to strengthen our national security. That includes responding to the growing and evolving threats and risk posed by other states.

States that engage in hostile activity are becoming more assertive in how they advance their objectives and undermine our own. Their tactics are markedly different from those used by other adversaries. While the methods deployed by terrorists often rely on grabbing the public’s attention, states conducting hostile activity against us typically seek to operate in the shadows and remain hidden. We need to be constantly alert to espionage, political and electoral interference, sabotage, disinformation, cyber-operations and intellectual property theft. Though those acts fall short of open conflict, the consequences for our democracy and our economic security and prosperity are a real and present threat.

To address that, we will introduce a counter-state threats Bill that modernises and updates existing espionage laws, and creates new offences, tools and powers to detect, disrupt and deter hostile activity in the UK and actively targeted at the UK. It will also improve our ability to protect official data. Many of the Official Secrets Acts date back to the early 20th century, with their roots in the 1889 Act. They are simply no longer suitable for the modern world we live in. We will therefore reform the Official Secrets Acts of 1911, 1920, 1939 and 1989. Legislation will also include the creation of a foreign influence registration scheme. That is an important new tool to combat espionage and interference and protect research in sensitive subject areas.

On 13 May, I published a public consultation on the Government’s legislative proposals to counter state threats, which includes seeking views about the reform of treason laws. The response to this consultation will help to shape the new tools and powers so that they are comprehensive, effective and workable, and, importantly, will protect our national security along with our rights and our values.

As we emerge from the coronavirus pandemic, we are determined to build back safer. This Government will continue to deliver on the people’s priorities. The British public back the police and want to see more police officers in their communities, and we are delivering on that. They want us to take back our country’s borders, and we are delivering on that. They want us to ensure that criminals are properly punished for breaking our laws, and we are delivering on that. Where further action is needed to make our streets, our people and communities safe, we will take it. As Home Secretary, I am driven by a simple goal, which is to do the right thing by the law-abiding majority of our great country. That means supporting our police and others whose job it is to keep us safe, defeating the criminals and criminal gangs, securing our borders and removing those with no right to be here, protecting our national security, and taking the strongest possible action against those who wish to harm us. The measures that I have outlined today will help us to achieve just that, and this Government will always put the safety of the British people first.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It may be helpful for colleagues to know that there will initially be a time limit of five minutes on Back-Bench speeches but I would expect that to reduce in due course.

--- Later in debate ---

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Madam Deputy Speaker, it was wonderful to see Her Majesty in the other place last Tuesday giving the Gracious Speech, announcing the Government’s priorities for this year, and I am grateful to you and to the House for giving me the opportunity to participate in this important debate. We have today reached step 3 of the road map out of lockdown, and as we recover from this dreadful year there seemed to be an added salience to this excellent Queen’s Speech. We will be judged on the success of this programme: on how quickly we can help people return to their normal lives, restoring their liberties, abolishing emergency powers and allowing them and their families the freedoms to go about their daily lives, free from government diktat. In essence, this means that we can reinstate some common sense and personal autonomy, without there being government instruction on every aspect of citizens’ daily lives and without the constant financial bail-outs.

Equally, the culture of the Government must change. It needs to change from one of preventing people from doing things to one of encouraging citizens to take their own action and decide what is best for them and their families. It is very good to see my right hon. Friend the Home Secretary introduce the Police, Crime, Sentencing and Courts Bill. The timing of that could not be more urgent, after the completely unacceptable violent antisemitism we saw over the weekend. Regardless of people’s view on the Israeli-Palestinian conflict, there is simply no justification whatsoever for antisemitism in our society. My right hon. Friend is also introducing one of the most significant overhauls of the asylum system in decades, which I wholeheartedly agree with. We need a fair, long-term system that will work for this country.

In essence, I believe that education ought to be the number one priority, giving everyone the best possible education at any stage of their life, as it opens up opportunity and careers that can improve their lives. It is the best route out of poverty and should be available to all. An important priority should be to expand support for children of all ages to compensate for their lost learning time during the pandemic. There is a huge programme in the Queen’s Speech to help to recover that lost learning, recognising that the disruption this year has had a major impact on our children’s learnings and lives, and including, importantly, catch-up classes in the summer.

The Government are committed to helping people to buy if they want to and they have committed to an ambitious target of 300,000 new houses by the mid-2020s. However, as a representative of one of the most important and unique areas of outstanding natural beauty, I am extremely concerned about some aspects of the planning Bill. It is the biggest overhaul to the planning system in 70 years. There are some positive proposals in the Bill and the planning system does need modernising. Home ownership needs to be an attainable aim, especially for young people. However, for areas such as the Cotswolds, there needs to be an absolute commitment to protect the AONB.

The proposal to abolish section 106 and the community infrastructure levy should speed up the planning process, and it is important that the money is retained locally so that the infrastructure can be built at the same time as developments. However, the algorithm to calculate housing need was a great concern to many of my constituents, as the Cotswolds had one of the highest proposed increased housing targets anywhere. There is a real danger, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) said, that it will simply be replaced by a zonal planning system, foreshadowed in the White Paper, which will mean that all land will have to be designated as either growth for renewal or protected areas, and that could be enforced through the local planning system.

As I have said to the House before, the most important factor is not housing number, but housing mix. The proposals to simplify and speed up local plan making and retain neighbourhood plans where possible are welcome, and the design codes can be specified so it should be possible to protect our unique Cotswolds vernacular. I do not want building to be at the expense of our unique environment and wildlife here in the Cotswolds or anywhere else. I believe strongly that new builds should be sympathetic to the local surroundings and well designed so that they do not become the slums of tomorrow. Above all, they should be built to high environmental standards, such as insulation and electric vehicle charging points, as I set out in my 10-minute rule Bill.

To wrap up, I would like to quickly mention the electoral integrity Bill and giving votes for life. I would also like to welcome the internationally important landmark that is the Environment Bill. Wearing my hat as chair of the all-party group for shooting and conservation, I will be scrutinising carefully the Animal Welfare (Sentience) Bill for any possible effect on shooting.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call Yvette Cooper, I ought to say that the time limit for Back-Bench speeches will be reduced after the right hon. Lady’s speech to four minutes in an attempt to—

[Tim Loughton (East Worthing and Shoreham) (Con)]

Aw!

[Madam Deputy Speaker]

Yes, I realise that will be some disappointment to the whole House in respect of the speech we were anticipating from the hon. Gentleman. [Laughter.] I call Yvette Cooper.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

After the next speaker, the limit on Back-Bench speeches will be reduced to three minutes—but with four minutes, I call Alistair Carmichael.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Thank you very much, Madam Deputy Speaker. I am very grateful to you.

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who made a very thoughtful contribution. He said a lot in four minutes, characterised by the fact that, of course, he knows what he is talking about, because he has not just a political understanding but professional experience of criminal justice. In particular, when he spoke of sentencing and how rehabilitation should be at the heart of our prison system, there was nothing he said with which I could disagree personally or politically.

When listening to the Home Secretary, however, it struck me that if we ever wanted to generate a bob or two, we could bring out a new parlour game called “Who said it and when?” because there were points in her speech when I felt that I could have been listening to just about any Home Secretary that I have heard speak at the Dispatch Box in the last 20 years. I have lost count of the number of times I have heard Home Secretaries stand there talking about “Cracking down on this” or “Getting tough on that”. It is always the rhetoric of toughness, whereas we know that, in fact, getting things right in criminal justice is often about doing things that are difficult—and difficult to explain in the tabloid press—but that are also right and effective.

We heard as much tonight when the Home Secretary talked about setting centrally driven targets in order to improve policing. Centrally driven targets will not improve policing; it is community policing, rooted in the community that it is there to serve, that will improve policing and produce the outcomes. We have heard this for decades: the rhetoric goes on, yet year after year our streets and communities become less safe for our people, and the rhetoric does not change.

I also discern in the Queen’s Speech an emerging pattern from this Government, and it is one that disturbs and concerns me. Yet again, I am afraid, the Conservatives have been pleased to style themselves in opposition as liberals, and perhaps even occasionally as libertarians, but they are increasingly authoritarian in government. The moves in the carry-over Bill in relation to the right to protest are misjudged and ill-conceived, and I think that, ultimately, they will be counterproductive.

The hon. Member for Bromley and Chislehurst referred to the question of judicial review. Any Government who believe in the rule of law should have absolutely no difficulty putting the decisions that they have taken before the court. If those decisions are right and legal, they should have no problem in the courts; and if they are not right and legal, they should want to change them in any event.

Time is short and there is one point that I wanted to put on the record. I am in total agreement with the Home Secretary’s comments condemning the scenes on our streets and online in relation to antisemitism, specifically in London. I think I come at the Israel-Palestine question from a rather different point of view from that held by the Home Secretary, but even for somebody who is as staunch a supporter of the Palestinian cause as I am, there can be no place in this debate for what we saw, and we in this country help nobody in Palestine by evincing sentiments that are antisemitic. On that, at least, I hope there will be a measure of consensus across the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It is very good to hear the right hon. Gentleman mention consensus in that respect. As a rabbi in my constituency was brutally attacked yesterday—many people may be aware of this—I am grateful to the right hon. Gentleman for having just articulated what I would have liked to say myself if I were able to do so. I am delighted to tell him that Essex police have arrested two young men in connection with the attack on the rabbi, which was an absolute disgrace.

We now go to a limit of three minutes, I am afraid, and I call Caroline Nokes.

Domestic Abuse Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

We do not have to be passive in the face of the escalating violence of a small number of dangerous offenders. We do not have to just allow these violent criminals to keep reoffending in perpetuity. After the awful murders of Sarah Everard, Nicole Smallman and Bibaa Henry, the Government rightly said they would redouble their action on violence against women, so I urge them to do so. Amendment 42 gives them the possibility to do so. I hope the Minister will think again and support amendment 42 now.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now go to the Chairman of the Select Committee on Justice, Sir Robert Neill.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

It is a pleasure to speak in this important debate because this is a very important Bill, it is a good Bill and it significantly improves the law in a number of respects. A number of the amendments made in the other place improve the Bill, too.

I am particularly pleased to see the creation of the offence of non-fatal strangulation. As right hon. and hon. Members will know, I practised in the criminal courts for some 25 years before coming into this place. There was a gap in the law here. Evidentially it was often very difficult to fit that course of conduct into the existing offence under section 18 of the Offences Against the Person Act 1861 to reflect the gravity of it—the lower offence under section 20 often would not give adequate sentencing powers. Equally it was often difficult to demonstrate that the elements of attempted murder were made out—often it would not be possible to prove that was the case—in the light of what had happened. So the creation of a specific offence to deal with a type of behaviour that is particularly pernicious in abusive relationships—I certainly came across it in my career, as I am sure have many others in this House—is particularly valuable and welcome. I know it is welcomed by practitioners and by judges in these cases, because it now gives us a means of capturing the whole of the conduct that can happen in these types of relationship. So that is very welcome.

I welcome, too, what the Minister said about revenge porn. The Law Commission’s work is very valuable in this field, but the Government’s commitment to moving swiftly on this is important too, because it is critical that offences are kept up to date with the changing technologies and use of social media in society. So these are very good aspects of the Bill, in addition to the others that have already been mentioned.

I want to talk briefly about three Lords amendments that the Government are right to resist, although I understand and support, as will most Members, the sentiments behind them. The first is Lords amendment 33, which relates to judicial training. The Minister’s comments on this are right. It is absolutely right that there must be training. A great deal is being done now to improve awareness by judges and sentencers—both judges and magistrates, because we must remember many of these cases will be tried by lay magistrates as well as by professional judges. It is absolutely right that there is up-to-date and comprehensive training in this regard. The Judicial College has done a great deal of work now. As Baroness Butler-Sloss—a former president of the family division and one of the most experienced family judges we have in this country, although she is now retired—pointed out, that has been incorporated specifically both into the initial training and the refresher training that is required for judges and magistrates. The Justice Committee in previous reports in relation to the role of the magistracy has urged that there be a more comprehensive training programme. It is important that the Minister ensures that the Ministry of Justice makes the funding available for those training programmes, whether residential or day courses, to be systematically and comprehensively delivered across the country, and that all magistrates and judges have access to them in a timely fashion.

However, I do not think we need primary legislation to do that. We certainly should have a practical strategy, but I do not think it is right that that should lie in the hands of the Secretary of State. If I can draw an analogy, later in the proceedings, there is a Government amendment in lieu setting out a strategy for the prosecution of offenders. I think that is properly a strategy that can be owned by Ministers because it relates to what is done by the Executive arms of state such as the prosecution. That is different from what is done by the judicial arm of the state. It does not seem constitutionally proper, despite the good intentions behind the amendment, to enable any Secretary of State to have power to dictate to the independent judiciary how they should set about their training programmes and what they should contain. That is a discrete but significant flaw in the amendment, which is why the House would be right to resist it. The objective can be achieved but without trespassing over the constitutional division between Executive, legislature and judiciary that unfortunately is the inevitable and logical consequence of the amendment. It puts the power in a Minister’s hands when in fact there is a clear willingness by the judiciary to seize the nettle themselves on this. We shall make sure that they have the resources to enable them to seize that nettle, but we should not be dictating to them as to how they do it. That is why the Government are right to resist the amendment.

Lords amendments 37 and 38 relate to reasonable force as a defence and a further statutory offence in domestic abuse cases. Again, the intention is entirely laudable but, certainly in my experience, it is not necessary to put this into primary legislation. For example, the circumstances that are set out in the two amendments and in the lengthy schedule—I think that is Lords amendment 83, which is attached to one of those— relate to offences where it is already possible under existing criminal law for a defendant to raise the full defence of self-defence, which once raised must then be rebutted by the prosecution, or a partial defence—for example, an offence of duress, which can, under certain circumstances, either be a complete defence to an offence or reduce murder down to manslaughter. Those are already available.

Since the decision in the Challen case—a case that came too late in terms of justice to the individual concerned but which has now set the law on a much better and more up-to-date footing—there is a recognition that the course of conduct of coercive control can be regarded as a factor that raises the defence of duress in the appropriate case. Therefore, the means of a victim of domestic abuse to bring that before the court is already available and it does not seem necessary to add these clauses to the Bill. It might actually have the effect of limiting, unintentionally, the scope of conduct that can be captured and used by a defendant to assert that they were acting in self-defence.

The law of self-defence has changed. In fact, I was involved in one of the leading cases in the Court of Appeal, which rightly—albeit I was on the prosecution side—said that the law prior to the case of Bird back in the 1990s was too restrictive in what could be pleaded as self-defence. That is particularly important to a woman, and the defendant in that case was a female. The person she had assaulted in self-defence was, as it turned out, a man. That imbalance was not properly reflected in the law up until the Bird case, but it then was, and therefore the existing common law is on a much sounder footing to deal with this. Therefore, it is not necessary to go down the route set out in Lords amendment 38.

The defence of duress is, as I say, already available. Evidence that shows that the defendant had been a victim of domestic abuse is of itself already relevant and admissible to set up the defence of duress, in the same way as it is relevant and admissible where a defence of self-defence is pleaded. So we are in danger of over-engineering a solution that is already there and where the courts have shown themselves willing to reflect changes in social conditions and the pressures that exist.

Let me end my observations by stating that the attitude of the courts in relation to domestic abuse offences, and to sexual offences more generally as well, is sometimes criticised—sometimes rightly—but I have noticed that the judiciary’s approach has changed vastly over the years I have been involved in criminal law. There is now a much greater understanding of the power imbalance that often exists in relationships and that, very frequently, women are in the more vulnerable position. In both the investigation of offences and their handling in court, far greater sensitivity is now shown to victims and complainants in such cases, and absolutely rightly so.

It seems to me that the law is able to deal with these matters without the need for further primary legislation. The sentiments behind the three Lords amendments I have spoken about are entirely laudable, but they can be picked up and captured elsewhere. For those reasons, it is proper for the Government to resist them.