(1 year, 8 months ago)
Commons ChamberI thank the Chair of the Justice Committee. They will be published very shortly.
I wholeheartedly agree with the hon. Gentleman that this is a serious new category of threat to women. The forensic capabilities are there, and the practice is clearly already illegal, so it is just a question of gathering the evidence to bring cases to court. Police referrals, CPS charges and Crown court receipts in adult rape cases are all up by around 100%.
(2 years, 5 months ago)
Commons ChamberMy right hon. Friend is absolutely correct. The irony, with regard to case law, is that there is nothing in the European convention that requires the doctrine of precedent, which does not apply in the continental system—let alone in the Strasbourg Court—to somehow be transported, in relation to European case law, to the UK. That is not required. I have been very clear, when we have these debates and when we look at the text of the convention, that I am very proud of the judiciary we have in this country.
Speaking as Lord Chancellor and as a member of this Government, of course there will be difficult decisions, and from time to time Governments do not agree with them, but we have a judiciary renowned the world over and they should have the last word when it comes to interpreting the law of the land. It is extraordinary that Labour, which changed the name of the Appellate Committee of the House of Lords to the Supreme Court, would abrogate those rights and that authority.
We know that the Supreme Court has reversed seven of its decisions in the past two years thanks to the bullying of the Government—[Interruption.] Check the record. So if we remove the protection of Strasbourg, do we not have a situation where things that are regarded as human rights abuse and illegal in Europe will become permissible in Britain? If it is okay to have rights not applying in the UK, is it okay for other countries not to apply certain rights, such as in eastern Europe and Russia—in which case human rights become optional instead of universal, and Winston Churchill would turn in his grave?
The hon. Gentleman betrays a fundamental lack of trust in the UK judiciary that I do not share. He talks about a lot of false premises that a cursory reading of the Bill of Rights will clarify.
(3 years, 12 months ago)
Commons ChamberMy hon. Friend is right, and he will recall that I said back in August that we wanted to reinforce, not undermine, the role of the Independent Commission for Aid Impact to strengthen the transparency, reinforce the accountability and make sure that we get the very best critical analysis of where we have the most impact. As soon as the review is finalised, copies will be placed in the Libraries of the House and shared with Select Committees, and I will make a statement to the House.
The Foreign Secretary says that this cut is both temporary and a matter of necessity. Although borrowing is up, the overall cost of borrowing has fallen because of falling interest rates, yet the poorest countries are not able to respond to the economic consequences of covid in this way, as richer countries can. As we are the global host of the G7, the UN Security Council and COP26, will he press the Chancellor to lead by example for global Britain, particularly in relation to the new US Biden Administration, and to leverage more funds from the US as well, so the poorer nations get the best deal in the worst year—next year, of all years, when it will be needed most?
The hon. Gentleman makes an excellent point, which is that we are facing acute difficulties, and we are very concerned about what that will mean for the most vulnerable countries, both on health grounds and financial grounds. We have a direct stake in that, as well as a moral responsibility, and in everything we are doing—from International Monetary Fund debt relief to World Bank projects and, indeed, the allocation review that I have already mentioned to the House—we will safeguard the £10 billion to make sure it is focused on shoring up the poorer countries, the most vulnerable countries, as they come through this pandemic.
(4 years ago)
Commons ChamberI certainly agree with the hon. Lady that we have to pursue every effort to get peace in Yemen, both on the humanitarian side and on the political track. That is why we have been fully supportive of the UN special envoy, Martin Griffiths. I have been out to Saudi to encourage, promote and cajole the Saudis into doing the right thing. Of course, the Houthis need to move. Actually, the most important thing is a concerted regional push for a political end to this wretched conflict.
Beijing’s imposition of new rules to disqualify elected legislators constitutes a clear breach of the UK-China joint declaration. This is only the third time we have judged a breach, and the second in six months. China has once again broken its promises and undermined Hong Kong’s high degree of autonomy.
As the Foreign Secretary said, the Chinese Government have breached the Sino-British joint declaration twice in the past six months, so when will he implement the Magnitsky sanctions against the Chief Executive of Hong Kong, Carrie Lam? What steps is he taking to tighten capital flows into China via Hong Kong from the City of London?
I thank the hon. Gentleman for his interest. He will know that we have already made a new offer to British nationals overseas, suspended our extradition treaty with Hong Kong and extended our arms embargo on mainland China to Hong Kong. On the Magnitsky sanctions, this is not just something that we can decide at our fiat. We need the evidence to back it up. We are looking at and assessing that, working with our international partners. On 18 November, I led and issued a statement with our Five Eyes Foreign Ministers condemning the latest China move in relation to legislators. That was hot on the heels in October of 39 countries joining the UK in the UN Third Committee with a statement on Hong Kong as well as Xinjiang.
(4 years, 2 months ago)
Commons ChamberAs I have set out in my statement, we want to provide support not just for journalists, but for civil society. It is always the journalists who tend to be the first ones that despotic and authoritarian regimes go for, and there is no secret as to why: it is because they are the ones who shine a light on the abuses and give the truth not only to the people, but to the outside world. It is right that we extend the money and support we provide for journalists and for civil society, particularly as Belarus goes through this tumultuous period where freedom, liberty and human rights come under such dire threat.
As a serving member of the Council of Europe, I wholly support the condemnation of the abuse of democracy and human rights in Belarus. But how can the Foreign Secretary expect to be taken completely seriously in condemning Belarus for breaking international law when his Government intend to break international law in their trade negotiations?
I can reassure the hon. Member that in all the discussions I have had, he is the only person to have made that point.
(4 years, 4 months ago)
Commons ChamberMy hon. Friend is absolutely right: we will raise our concerns in relation to the national security legislation right across the board. The permanent secretary will do that with the ambassador and our consul general has done it with the Chief Executive. I had close to an hour with Wang Yi, the Foreign Minister, on 8 June, as I have said previously to the House. Of course, we talk about the full range of our relationship. We want a positive relationship with China—there are all sorts of opportunities in relation not only to trade but to climate change, with COP26 coming up—but what we cannot do, whether it is in relation to our national security or our values, is look the other way and, just because of its asymmetric power, think that we have to kowtow, duck or bow. We will not do that—we will not do it on the issue of Hong Kong or wherever else our vital interests are at stake.
Last week, as the Foreign Secretary knows, the European Parliament decided to call for Magnitsky sanctions to be applied on officials who abuse human rights; for China to be brought before the International Court of Justice; and for a United Nations envoy to Hong Kong. Will the Foreign Secretary now take the lead on these issues and bring with us European and Asian nations and the United States? Or is he content to sit on the sidelines when we have a special interest in championing democracy, human rights and the rule of law in Hong Kong?
I think the hon. Gentleman is a bit confused. The EU does not have an autonomous human rights sanctions regime, but the United Kingdom will do by the summer recess with our first designations. We are engaged in a conversation with our European partners—[Interruption.] He is shaking his head, but he is just not right about this. None the less, we are engaged with our European colleagues to encourage them to follow suit and take this step. He raised a range of other issues, which we are very happy to look at, but I draw his attention to the statement—an unprecedented statement—that was made at the UN Human Rights Council with 27 states signing up to make our concerns clear in relation to human rights not just in Hong Kong, but in Xinjiang.
(4 years, 6 months ago)
Commons ChamberFirst, may I pass on my very deepest condolences to the widow in my hon Friend’s constituency? I, along with other Ministers, have the grim task of reading out the total death toll at the press conferences, and I always walk away ashen-faced at what this must mean for individual families up and down the country. He is right to pay tribute to those in the NHS, who are doing an amazing job, and I think all of us across the House paid tribute to them and the care workers, particularly with our minute’s silence yesterday. My hon. Friend is absolutely right also to say that they are not just there to treat the physical condition, whether coronavirus or otherwise; they do an amazing job as providers of emotional support for patients and their families, and that is too easily overlooked as we come through this crisis.
I thank the hon. Gentleman for his question. As he will know, because it has been made clear by the Government and clarified when it was not clear, the original issue was a failure of communication—we did not get the original invitation to tender. It is clear to us that the schemes in relation to the first batch of EU-wide procurement would not have made any significant extra difference or added any value to what we are doing here. I can tell him that we will look at any future EU-wide procurement initiatives, for example, on therapeutics. I can also reassure him that one thing we are doing is working very closely with our European partners on returns and repatriations. That is somewhere we have taken advantage of EU-wide schemes if they can help us to share costs. That is the collaborative, internationalist approach that the UK Government take.
(4 years, 9 months ago)
Commons ChamberMy hon. Friend is right that data is important. We are, of course, looking at the data adequacy process. Given the high level and high standards of UK regulation and laws in this regard, we are confident that, whatever approach we agree on in relation to the deal, we will be able to secure it in order to safeguard data-sharing both among businesses and individuals, but also, as he says quite rightly, in relation to law enforcement and wider areas of security.
The Foreign Secretary knows that the WTO and its dispute resolution system are operationally dysfunctional, because the US will not appoint appellant judges. Does he accept that, if we drift away from the protection of the laws, the rules and the courts of the EU, our jobs will be put at risk and our financial services, in particular, will disperse? We are already seeing the currency down 1%. Will he focus on keeping us aligned, rather than moving to a system that does not work?
I certainly agree that there is a case for WTO reform and for making sure that it can be an effective mechanism for resolving disputes. We want the WTO to work effectively. We want to be a champion of reform and liberalisation within the WTO. The answer though is not then to abdicate our responsibility through legislative high alignment with the EU.
(6 years, 11 months ago)
Commons ChamberNo, I am not going to give way again.
Amendment 47, tabled by the Chair of the Exiting the European Union Committee, is slightly different in that it would make the use of clause 9 dependent on approval of the withdrawal agreement by both Houses without specifying statute. Similar timing concerns apply. We would need to retain the option to ready statutory instruments before such approval, but I have made clear, and I make clear again, that they would not enter into force until Parliament had held its meaningful vote.
New clause 68 replicates the provisions of amendment 47, with the addition that the Government must seek the approval of Parliament no later than three months before the date of exit. We cannot bind ourselves to such strict sequencing constraints when the latter stages of the negotiations remain unknown. To do so, in fact, would be irresponsible. It is also a vague and arguably defective new clause, I say with the greatest respect, because it is not clear whether by the “conclusion” of the agreement the hon. Member for Swansea West (Geraint Davies) means finalisation of the text, signature, ratification or entry into force. For those reasons, I hope hon. Members will not press their new clauses and amendments.
I am going to make some progress.
Amendment 116 would require a referendum on accepting the deal or remaining in the EU before the clause 9 power could be used. I do not think that is feasible, and it is not desirable. The Government are clear that the British people have voted to leave the EU. We will deliver on their direction. We will deliver on their mandate. Frankly, this is a pretty thinly veiled attempt to block Brexit and defy the result of the referendum, in contrast to some of the other, legitimate, concerns raised across the House. If hon. Members wanted to hold a second referendum on the terms agreed with the EU, the proper time and place to argue for such a requirement was when the EU Referendum Act 2015 was passed. I therefore urge that the amendment not be pressed.
New clause 4 would require separate legislation to set the exit day, and new clause 66 states that the exit day cannot be set before Parliament has given its approval for the terms of the withdrawal agreement. The Government accept the case for legislative prescription of the exit day for the sake of finality and legal certainty, so I hope that the new clause has been rendered unnecessary.
New clause 19 and amendment 55 mandate that the power in clause 9 cannot be used until the publication of the withdrawal agreement, and that it should not be available until all other exit Bills have passed. It is clear that regulations cannot be made under clause 9 until an agreement exists and its contents are known. It is not necessary, then, to require on top of that that the agreement be published and placed in the House of Commons and House of Lords Libraries before the power can be relied on. It is of course standard practice to lay international treaties before Parliament under the Constitutional Reform and Governance Act 2010. Equally, it is not right to tie the use of this power to the publication of other primary legislation passed in this Session. I therefore urge the hon. Member for Nottingham East (Mr Leslie) not to press the amendment.
Amendment 361 was tabled by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), who is the Chair of the Justice Committee.
The amendment would create a separate power to legislate for the implementation period. I hope that the Government’s announcement of a separate Bill—primary legislation—covering the withdrawal agreement and the implementation period addresses his concern.
(7 years ago)
Commons ChamberI am going to make a little progress, again mindful of the guidance that I have received.
Leaving the EU will not diminish our commitment to environmental principles. Indeed, it is an opportunity to reinforce them. My right hon. Friend the Secretary of State for Environment, Food and Rural Affairs, who was here earlier and I am sure is coming back, announced only last week our intention to publish a new comprehensive national policy statement setting out the environmental principles driving UK policy, drawing on the EU’s current principles and underpinning future policy making. The point about its relative significance, value and status was very well made by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin). I ally myself with his remarks. We will consult on it early next year. This is not just blue-sky thinking—it is coming imminently.
Critically—this touches on the point made by the Chair of the Select Committee—the Secretary of State has also set out plans to consult on a new independent statutory body to hold the Government to account for upholding environmental standards. I hope that that addresses concerns that some hon. Members may have not just about the substantive law but about the institutional checks and oversight that we definitely need to make sure we continue when Britain leaves the EU. I hope that addresses the point that hon. Lady made, which was also mentioned by the hon. Member for Brighton, Pavilion.
Turning to amendments 60, 67 and 28, I certainly understand their intention, but they are unnecessary because of the snapshot of all EU environmental principles that we are already taking at exit day under this Bill. Furthermore, the amendments would alter existing EU principles, at least to some extent—for example, in the way that they apply to public authorities. Given that the Bill’s purpose is to bring into effect the law we have currently, the amendments risk generating a measure of uncertainty and a degree of confusion about the legal position. I hope that I have addressed some of the concerns on the environment, and I urge hon. Members to not to press the relevant amendments.
I turn to amendment 93 in the name of the hon. Member for Bristol East (Kerry McCarthy). Many hon. Members have been eloquent in outlining the need to ensure that treaty rights and other provisions falling outside clauses 2 and 3 are still retained in UK domestic law. Clause 4, as I have said, is a broad sweeper provision. It will ensure that as a starting point, all existing rights available in domestic law immediately before exit day as a result of section 2(1) of the European Communities Act 1972 will continue after exit to be recognised and available in our domestic law to the extent that they were before exit day. Clause 4(1) deliberately mirrors the language in the European Communities Act, which for our period of membership of the EU has been used to determine what and how EU law is accurately reflected in UK law. Clause 4 goes no further than section 2(1) of the ECA currently does. It is not intended to capture a narrower set of rights or obligations, or somehow to trim back. It does not make any changes as to how those rights or obligations are enforced in our courts. Deleting clause 4(1)(b) would mean that clause 4 no longer mirrors the ECA.
I understand why the hon. Lady has tabled the amendment, but it would be a rather curious, if not perverse, outcome if what counted as EU law after we depart the Union was expanded to be wider than when we were a member—yet that would be the direct result of her amendment. Perhaps even more importantly, for individuals, businesses, courts and practitioners up and down the country, by changing and inflating the test for what counts as EU law just as we are leaving, the amendment would in practice lead to significant legal confusion after exit with regard to the scope of rights retained. I know that that was not the intention of her amendment, and I hope that she can be persuaded not to press it.