Europe, Human Rights and Keeping People Safe at Home and Abroad

Debate between Gerald Howarth and Andy Burnham

Tuesday 24th May 2016 Commons Chamber

[Andy Burnham (Leigh) (Lab)]

This has been an excellent and informative debate, during which we have been treated to the marvellous maiden speech of my hon. Friend the Member for Ogmore (Chris Elmore). He told us that his constituents have set him the goal of being half as good as Huw. On today’s evidence, and given that he is already making the case for steelworkers who will lobby Parliament tomorrow, he will pass that test with flying colours. We wish him well.

A clear majority of speakers, particularly my hon. Friends the Members for Birmingham, Selly Oak (Steve McCabe), for Ilford South (Mike Gapes) and for York Central (Rachael Maskell), have made the case that Britain will be immeasurably stronger by remaining part of the European Union. Just as the economic case for leaving has crumbled under questioning in recent days, so today’s debate has put the security case for Brexit under intense scrutiny and found it to be illusory. A vote to leave is a vote for isolation, and that simply makes no sense whatsoever in a highly volatile and unpredictable world. Nobody put that case more powerfully than my right hon. Friend the Member for Leeds Central (Hilary Benn), the Foreign Secretary, who gave yet another tour de force in this House. [Hon. Members: “Shadow Foreign Secretary!”] I am sure everyone will agree that it is only a matter of time.

We agree with the Government that our membership of the EU strengthens our security at home and abroad, but we do not agree that the Bills in the Gracious Speech will make our society stronger or fairer. Indeed, they could do the opposite, undermine our standing in the world and expose us to greater risks from radicalisation.

Let me quote from the Gracious Speech:

“My Government will bring forward proposals for a British Bill of Rights.”

That was, in fact, from the 2015 Gracious Speech. This year’s said:

“Proposals will be brought forward for a British Bill of Rights.”

Is it not a little unfair on Her Majesty to ask her to keep reading out a cut-and-paste Queen’s Speech?

One can speculate why this long-promised Tory Bill of Rights has never materialised. Might it be because it springs from an impulse for political grandstanding, rather than a carefully thought-through response to the challenges of the modern world? I fear that the same can also be said of the counter-extremism Bill. In both cases it seems that the Government are opening Pandora’s box without fully knowing where they are going or what they are trying to achieve. In areas as sensitive as these, that is a dangerous thing to do.

Let me take each Bill in turn. A few weeks ago, the Home Secretary gave a speech in which she called for Britain to leave the European convention on human rights. What a terrible message that would send to the rest of the world, but what a boost for regimes that seek to deny human rights to their own citizens to claim that Britain is doing the same, as the former Attorney General, the right hon. and learned Member for Beaconsfield (Mr Grieve), eloquently pointed out in his speech. Of course, the nuances of our debate would be lost on the other side of the world, and Britain’s moral authority on the world stage would be severely dented.

A few days ago, however, The Daily Telegraph reported that the Prime Minister did not support any change to the ECHR, so we have the Home Secretary saying one thing and the Prime Minister another. How can we possibly have confidence in what the Government are proposing when their position is so confused?

They have lost sight of a simple point, which might explain why they are so muddled on this matter: the Human Rights Act is a British Bill of Rights. These are the basic rights that Britain wrote and promoted around the world in the post-war period—rights that protect ordinary people from the unaccountable power of the state and vested interests.

Look at some of the examples of how those rights have helped people fight injustice. I think of the elderly couple, Mr and Mrs Driscoll, who had lived together as a married couple for 65 years but who were then put in separate care homes by a local authority. They used the Human Rights Act to be brought back together. I also think that if the Human Rights Act had been in place in 1989, the Hillsborough families would have had much more ability to challenge the cruel decision of the original inquest to impose a 3.15 cut-off time, which prevented them from finding out basic details about what happened to their loved ones.

One can only surmise that the Government’s purpose in legislating in this area would be to water down the rights in the Human Rights Act and to add more qualifications. I ask the Home Secretary: how is that going to build a stronger and fairer country? It will not do so, and that is why Labour will proudly defend its Human Rights Act and fight any attempt to weaken human rights laws in this country.

Similarly, I struggle to see how the proposed counter-extremism Bill will do anything other than undermine community cohesion. I would be the first to say that the Government are right to want to tackle extremism, and I support them in that aim. However, the question is not whether we do it, but how we do it. I am genuinely concerned that the Government are getting their approach drastically wrong. My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) was at her best on this subject today. I say this not out of party politics nor a desire to score points, but because I am worried about the deep despondency caused by the existing legislation, as I hear in the Muslim community when I visit mosques and madrassahs. If the House legislates in haste once again, the damage could be profound.

At the weekend, the Home Secretary received a letter from police representatives, faith groups and civil society organisations expressing major concerns about the proposed Bill. She cannot just ignore this and plough on regardless. The Prevent duty to report extremist behaviour is creating a feeling that the Muslim community is unfairly targeted and monitored. It is building a climate of suspicion and distrust. In my view, if the Government legislate further and extend what is perceived to be an illiberal and discriminatory approach, far from tackling extremism, they will risk creating the conditions for it to flourish.

[Sir Gerald Howarth]

I understand the shadow Home Secretary’s concern, but the rest of the nation knows that the real threat we face is a specific one. As I said in my speech, for which he was not in the Chamber, the threat is specific: with Islamic fundamentalism, barbarity on a scale previously unimagined is being carried out in the name of Islam, and it is up to the Muslim community in Britain to address this problem in its midst.

[Andy Burnham]

The way to address the hon. Gentleman’s point is not to tar everybody with the same brush and throw suspicion on the whole community. That is the language we have heard from Conservative Members. We have heard the Prime Minister say that parts of the Muslim community are “quietly condoning” extremism. That does not win hearts and minds in the community, and we need 99.9% of people to work with the Government to find the very small number of people who may be at risk of radicalisation.

Rather than compounding the damage by legislating in haste, I urge Ministers to take a step back and to set up a cross-party review of how the statutory duty is working in practice. That would be much more beneficial than pushing on with further legislation.

The Shrewsbury 24

Debate between Gerald Howarth and Andy Burnham

Wednesday 9th December 2015 Westminster Hall

[Andy Burnham (Leigh) (Lab)]

I want to congratulate my great friend: my hon. Friend the Member for Liverpool, Walton (Steve Rotheram) made a powerful and persuasive speech. I also thank my many Opposition colleagues for being here today and for their show of solidarity with the Shrewsbury 24. Given that it is nearly Christmas, I even thank the Scottish National party for being here to lend support to our campaign. It is good to have it.

The Government deserve credit for the willingness that they have shown in facing up to the historical injustices of Bloody Sunday, Hillsborough and child sexual exploitation. However, as my hon. Friend the Member for Liverpool, Walton has said, something that many people consider an outrageous injustice—a case that goes to the heart of how we were governed and policed in the previous century—is still shrouded in secrecy today. In the previous Parliament, following a debate called by my hon. Friend the Member for Blaydon (Mr Anderson), the House voted overwhelmingly for the full truth about Shrewsbury finally to be told, but in October the Minister for the Cabinet Office ruled that the Government papers would continue to be withheld.

The purpose of today’s debate is to challenge that decision, and I will do so by revealing a series of documents that shed new light on the whole issue. Before I do that, I want to pay tribute, as my hon. Friend the Member for Liverpool, Walton did, to Eileen Turnbull, the researcher to the Shrewsbury 24 campaign, whose diligence and utter dedication to the cause has brought the documents to light. I have her dossier here today, and it reveals three things: first, how the trial was politically driven by the then Home Secretary, from the gathering of evidence to the commencement of proceedings; secondly, how there was an abuse of process by police in the taking of statements; and thirdly, how there was an attempt at the highest levels of Government, supported by the security services, to influence the outcome of the trial.

There is also a crucial piece of context, which other hon. Members have mentioned, and I ask that it be borne in mind at all times. On the day in question, 6 September 1972, no pickets were arrested, nor were any cautions issued. That brings me to the first document, a letter dated 20 September 1972—some two weeks later—from the press officer of the National Federation of Building Trades Employers to regional secretaries. It is headed “Intimidation Dossier” and it says:

“You will be aware that we are compiling a dossier on incidents of intimidation and violence during the recent wage dispute. The intention is to pass this document to the Home Secretary for his consideration with a view to tightening up the law on picketing in industrial disputes.”

It calls for details of any incidents, statements from eyewitnesses and photographs. So at the outset that establishes that there was an evidence-gathering exercise on the strike involving the Home Office at the highest level.

Confirmation of the political interest in legal proceedings comes from the second document that I have: a page from the case file of the Director of Public Prosecutions on the Shrewsbury pickets. An entry on 29 December 1972 reads as follows:

“The Home Secretary is interested in this case. 2 counsel to be nominated.”

That, by the way, was no passing interest from the Home Secretary, as the third document will show. I have here a letter dated 25 January 1973 about the Shrewsbury case from the then Attorney General Peter Rawlinson to the then Home Secretary Robert Carr. Its contents are extraordinary. It begins:

“The building worker’s strike last summer produced instances of intimidation of varying degrees of seriousness...A number of instances consisted of threatening words and in which there was no evidence against any particular person of violence or damage to property. In these circumstances Treasury Counsel, took the view that the prospects”—

of a conviction—

“were very uncertain, and in the result I agreed with him and the Director that proceedings should not be instituted.”

That letter is talking about proceedings against the Shrewsbury pickets. It goes on to warn of the risks of jury trial, saying that

“juries tend to treat mere words more leniently than actual violence”.

There it is—an admission that they were talking about “mere words”. Two conclusions can be drawn. First, the Home Secretary of the day was advised by the Attorney General and the DPP that no proceedings should be brought against the Shrewsbury pickets. Secondly, it is made clear and explicit that there was no evidence of violence or damage to property. “Mere words” were the only things that were thrown.

We do not have documents revealing the subsequent decision-making process within Government, but we do have the first page of a confidential memo sent by the Home Secretary to the Prime Minister the week after the letter was sent. It reads:

“Thank you for your minute of 29 January about picketing. I have taken a close personal interest in this problem since I came to the Home Office and I have myself discussed it with the chief officers of those police forces which have had to deal with the most serious picketing. I believe that chief constables are now fully aware of the importance we attach to the matter”.

From that there is no doubt at all that the Home Secretary was heavily interfering in operational police matters, and just over a week after his memo was sent to the Prime Minister the Shrewsbury pickets were picked up by police and charged—a full five months after the strike had ended. That series of documents puts beyond any reasonable doubt the fact that the Shrewsbury trial was politically driven by the Home Secretary of the day.

[Sir Gerald Howarth (Aldershot) (Con)]

I am sorry I have not been able to attend the debate so far, but I was attending to my staff in the run-up to the Christmas period. The shadow Home Secretary makes a big play of the fact that the Home Secretary was involved. The right hon. Gentleman was not around at the time, and I was. I recall the case and, indeed, had a letter about it published in The Times. If the right hon. Gentleman is suggesting that the Home Secretary should not have been concerned about the case, I think he is making a mistake. The Home Secretary should have been concerned.

At that time, the nation was bedevilled by strikes. We had not had the legislation that Margaret Thatcher introduced. If the case that the right hon. Gentleman is making is that the Home Secretary should not have been involved, that is a fundamental misreading of the situation that applied at the time. The Home Secretary was right to be concerned because the British people were concerned at the way trade unions were running rampant across the country.

[Andy Burnham]

Perhaps the hon. Gentleman should have been here at the start of the debate to hear the whole case. He has just revealed that it was a political campaign against the trade unions. That is what he just said, and that is the point. He has revealed his hand to this entire gathering. It was a political campaign that Mrs Thatcher sorted out. That is the point here. There was a campaign driven from the top of Government, as I have revealed. We do not live in a country where politicians can put people on trial. I do not want to live in a country like that. These should be independent matters for the police and the legal authorities. The hon. Gentleman has heard evidence today of politicians putting people on trial; if he is not concerned about that, well, I am, and that is why we are holding this debate.

The next document that I have shows that due process was not followed in the aftermath of the political pressure. On 17 September 1973, a conference between police investigating the case and the chief Crown prosecutor, Mr Drake, was held at Mr Drake’s home. I have here a note of that conference. Let me quote the key passage in paragraph 16, which records an explanation from police officers about the gathering of statements:

“So that Counsel would be aware it was mentioned that not all original hand-written statements were still in existence, some having been destroyed after a fresh statement had been obtained. In most cases the first statement was taken before photographs were available for witnesses and before the Officers taking the statements knew what we were trying to prove.”

Let me read that again for the benefit of the hon. Member for Aldershot (Sir Gerald Howarth), so that he can hear it without any confusion. [Interruption.]