19 Harriet Harman debates involving the Home Office

Wed 18th Apr 2018
Tue 7th Jun 2016
Investigatory Powers Bill
Commons Chamber

Report: 2nd sitting: House of Commons & Report: 2nd sitting: House of Commons
Mon 6th Jun 2016
Investigatory Powers Bill
Commons Chamber

Report: 1st sitting: House of Commons & Report: 1st sitting: House of Commons

Gender Pay Gap

Harriet Harman Excerpts
Wednesday 18th April 2018

(6 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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(Urgent Question): To ask the Minister for Women if she will make a statement about Government action to close the gender pay gap.

Victoria Atkins Portrait The Minister for Women (Victoria Atkins)
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May I say that it is a pleasure to answer this urgent question from the right hon. and learned Member for Camberwell and Peckham (Ms Harman)? It is unacceptable that in 2018 there are still differences in how men and women are paid in business and in industries. That is why this Government introduced new regulations, which came into force in 2017, requiring all employers with 250 or more employees to report their gender pay gap. I am delighted that as of yesterday 10,055 employers, covering all sectors of the economy, have reported their gender pay gap. These new regulations have shone a light on the injustice that has existed for too long and created a new conversation on the need for a step change in gender equality. We are now working with employers to support them to take action to close the gender pay gap; we are building our research base on what works, to drive real change; and we will be supporting employers to understand what has caused their own gender pay gap and what they can do to make a real difference.

We want employers and employees to succeed in driving real change. The Government have launched a range of initiatives that will help. We introduced shared parental leave to enable working parents to share childcare in the first year of their child’s life, and we have extended the right to request flexible working. We have introduced a new £500 million fund to support women and men who have been out of the labour market for a long period to return to work, and we have doubled the early education provision, so that all three and four-year-olds from working households in England can access 30 hours’ childcare a week.

I am pleased that the majority of employers have published action plans, alongside their reporting, to set out what they will do to tackle the gender pay gap in their business or sector. I look forward to hearing more about the ongoing work in this area and the work done to address this great inequality, but there is more to this issue than just the regulations. It is about driving cultural change. From the subjects that girls choose to study at school and university to the expectations of women who are climbing their own career ladder, we want the message to women and girls to be, “We will support and encourage you to achieve your full potential.”

Harriet Harman Portrait Ms Harman
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Thank you, Mr Speaker, for granting this urgent question, and I thank the Minister for her obvious commitment to this issue. It was Labour legislation that enacted gender pay transparency, but it was her Government who implemented it. It is important that they did that, because it has laid bare what women have always known but previously did not have proof of, which is that there is systematic pay discrimination. It is now clear: eight out of 10 employers pay men more than they pay women—and that is across every sector, including the retail sector, which would not exist without women’s work. Why on earth should women in Tesco put up with £8 an hour on the checkout when men in the stores get up to £11.50 an hour?

Although it pains me to say this, the trade unions that need to be part of the negotiations to narrow the pay gap need to get their house in order. How can women members of Unite believe that that union will champion their rights to equal pay if there is a 30% pay gap in the union itself? The NASUWT, a teachers union, pays its male staff 40% more than it pays women, so it too has to take action. As for the public sector, let us look at the University of Liverpool. Its public policy is to narrow the pay gap, but the University of Liverpool pays men 90% more in bonuses than it pays women. That has to stop.

Does the Minister agree that we are no longer interested in rationalisations, explanations or justifications? The time for excuses has passed. We want stretching targets year on year to narrow the gap. Will she join me in congratulating the women in the House who have spoken up on this issue, such as my hon. Friend the Member for Walthamstow (Stella Creasy), among many others, including the Chair of the Women and Equalities Committee, the right hon. Member for Basingstoke (Mrs Miller), and Labour’s Front-Bench team, who have been pushing on this issue? Will she congratulate all the women outside the House who have been pushing on this, not least women in trade unions and the BBC women?

May I give the Minister some sisterly advice on what she should do to really focus on this issue? First, she should stay on the back of the Equality and Human Rights Commission and make sure that it uses all its powers and has the resources to take action. Secondly, she should suggest to the Prime Minister that she has a Cabinet session on the gender pay gap, with all Secretaries of State required to come to Cabinet and say what stretching targets they are going to impose in their Departments and the sectors for which they are responsible. Thirdly, she should commandeer Downing Street for a summit at which business and trade unions can tell her what they are going to do to narrow the pay gap. If she does all that, she will have a great opportunity and a great responsibility, because if she drives forward on narrowing the pay gap, that is not only fair and just but the most important thing to help low-income families and tackle child poverty.

Victoria Atkins Portrait Victoria Atkins
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I said at the beginning of my statement that I was extremely grateful to the right hon. and learned Lady for raising this issue in an urgent question, and I meant it. I fully recognise and thank her for the work that she did in government to introduce legislation on the gender pay gap. Like her, I thank other female Members, including the Chair of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller), who, along with her colleagues on the Committee, does so much to drive through change. I thank female Members from all parties. There is a real sense of urgency and impatience about this issue. For what it is worth, my right hon. Friends the Home Secretary and the Prime Minister share our impatience—I hope I do not regret that word—to have this matter sorted.

I must of course pay tribute to the right hon. and learned Lady for all the work she does to try to ensure that this place is a little more understanding and accommodating of a diversity of backgrounds, for Members and our staff. I very much take on her advice, although I worry that I might be stepping a bit above my station if I commandeered Downing Street for the summit she suggested—

Women’s Suffrage Centenary

Harriet Harman Excerpts
Tuesday 6th February 2018

(6 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. Thirty-five years, three months and nine days after the Peckham by-election, which sent her to this place, I call Harriet Harman.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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Thank you, Mr Speaker. May I commend the right hon. Lady for her assertion that although as women, inside and outside the House, we have made tremendous progress, we still have so much further to go?

May I also say that I fully support the Government’s move to ask the Law Commission to consider the case for making it an offence to threaten and abuse parliamentary candidates? This is about misogynists seeking to silence women who dare to speak out—it is particularly virulent against younger women and black women. Voters have the right to choose whoever they want, man or woman, to represent them, and once that representative is elected to Parliament it is their right and duty to be able to get on with the job without being subjected to intimidation, threats or violence. This is about our democracy, so I hope Members in all parts of the House will give it their full support.

Amber Rudd Portrait Amber Rudd
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I thank the right hon. and learned Lady for her comments, and I am full of admiration for the work that she did in government to promote the role and the importance of women’s working lives. That goes absolutely to the core of the argument for wanting more women MPs and more women in government, because only then do we get government’s application to and attention on the improvements that need to take place. I thank her for her support in this area and I completely share her view—this is an attack on women; it is a sexist attack. We have seen an escalation of it over the past few years. It is not good enough for people to say, as some do, “You’re in politics. You must accept it.” We do not accept it. We will take action to stop it, and we will push for cultural change.

Harassment in Public Life

Harriet Harman Excerpts
Monday 18th December 2017

(6 years, 4 months ago)

Commons Chamber
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Amber Rudd Portrait Amber Rudd
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I share the view of my right hon. and learned Friend that this must not be allowed to become the new normal. That is why I am here to make this statement. It is also why so many colleagues across the House—and you, Mr Speaker—feel so strongly about this issue. Let us make this a tipping point where we call it out and say “No more”. We in the Government will take action. We have set out elements of the action that is already being taken. We have the Committee’s recommendations, and we will look carefully at them. I will certainly join my right hon. and learned Friend in making sure that we call this out and ask for a new type of behaviour, so that colleagues do not receive the sort of intimidation that they have experienced.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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I fully endorse the words of my right hon. Friend the shadow Home Secretary. I thank the Home Secretary for her statement, but I want to press her on the question of death threats to MPs because of how they voted in last week’s debate. Does she agree that we have here a toxic triangle, which is made up of the divisiveness of the Brexit issue, The Daily Telegraph and the Daily Mail identifying certain Members as targets and framing the attack on them and—facilitated by social media—the mob following? When MPs in other countries are threatened with violence because of how they vote, we call that tyranny, and we call that fascism, but that is what is happening here.

As well as rightly commending the bravery of her Conservative colleagues, will the Home Secretary be brave herself and call in the editors of the Daily Mail and The Daily Telegraph? We have more contentious votes ahead of us, and there are people out there who are vulnerable to being incited to violence. Barely 18 months ago, our colleague Jo Cox was killed. The safety of MPs is at stake here, and so, too, is our democracy.

Amber Rudd Portrait Amber Rudd
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The right hon. and learned Lady makes a passionate case about the difficulties, challenges and very real threats that all MPs find themselves facing. Let us be clear that the real criminals are the instigators of these threats and attacks. Everybody should be clear that anything that is illegal offline is illegal online, so anybody who is in receipt of such a threat should go to the police, so that action can be taken.

From the Government’s point of view, we have made sure that the police have the resources to address the problem. We have invested, through the police transformation fund, in new digital advice to ensure that the police know how to record for evidence the types of accusation and attack that Members may receive online, so that there is a proper trail of evidence for prosecution. I believe that the attackers are the clear enemy, and we should focus our policy on them.

Investigatory Powers Bill

Harriet Harman Excerpts
Report: 2nd sitting: House of Commons
Tuesday 7th June 2016

(7 years, 11 months ago)

Commons Chamber
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Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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I rise to support amendments 143, 144 and 145, which were tabled in my name and those of the other members of the Joint Committee on Human Rights and relate to the protection of journalists’ sources. Since they were tabled, they have been supported by Labour’s Front Bench and the SNP, for which I am grateful.

Yesterday, we considered additional protections for MPs and lawyers and the question of legal professional privilege. Journalists are in the same group. We extensively considered protections for everybody against the abuse of power and the invasions of privacy by the state, which is right, but there are particular issues about protecting a part of the constitution from abuses of power by the Executive. The legislature obviously holds the Government to account, so it is wrong for the state to abuse its power to prevent us from doing that. The same goes for lawyers and the rule of law. Journalists are in a parallel situation in that it is vital in our democracy that the media are free to hold the Government to account, which is an important aspect of the right of freedom of expression that is guaranteed in article 10 of the European convention on human rights.

I appreciate from the start that there is a difficulty here. It is easy to work out what a lawyer is. It is easy to work out what an MP is. It is not quite so easy with journalists. Some people are evidently journalists and some people are evidently not journalists, but some people might or might not be journalists, so I say “Good luck” to the Solicitor General with that one. However, that difficulty must be surmounted, because we must ensure that the press’s ability to go about their business and to hold the Government to account is protected.

Robert Buckland Portrait The Solicitor General
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The right hon. and learned Lady is absolutely right to talk about the difficulty of definitions, but we should be focusing on journalistic material. That is the question at hand and that is what the Bill addresses. Focusing on that might actually help us to come to a solution.

Harriet Harman Portrait Ms Harman
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It sounds as though the Minister is well under way to solving that problem, so that is encouraging.

My next point was considered by the Joint Committee on Human Rights and has been echoed throughout the House. We do not want the provisions in this legislation to contain less protection for journalistic material than the Police and Criminal Evidence Act 1984 did. That Act relates to a very different world and refers to the journalist’s notebook, whereas we are considering communications data, but a key point is that the relevant journalist or media organisation is given notice when a warrant is being applied for so that they can make representations as to why one should not be granted in order to protect their sources. We are not talking about journalists who are up to their necks in criminal activity—that is not the issue. The issue arises from applications for material that relates not to any criminal activity but to a journalist’s work. Can we ensure that journalists are put on notice, because of the special status of journalistic material, so that the authorising authorities have the benefit of hearing from journalists or media organisations before a warrant is granted?

I appreciate that the Minister has already responded to those issues and has put in additional protections, such as taking the non-statutory code and putting it on the statute, but the issue of notice still remains, which is why we tabled our amendments and why they have gathered support. I welcome the Minister’s confirmation that he will look further at the matter, but other members of the Joint Committee on Human Rights in the House of Lords, and many other Members of the Lords, will want to consider it. Nobody wants an unjustified fettering of the ability of the security services and the police to keep us safe. The point in the intervention of my right hon. Friend the Member for Leigh (Andy Burnham) was absolutely spot on. We are all in favour of the same thing here, but we must ensure that, at the end of the process, we have the right balance not only for journalists but in many other respects.

Victoria Atkins Portrait Victoria Atkins (Louth and Horncastle) (Con)
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I shall speak to new clause 18 and amendment 207. I note that these are probing measures tabled by my hon. Friend the Member for Stevenage (Stephen McPartland), and I also note the assurances given by the Solicitor General. However, given the concerns raised by the SNP, I thought it may be helpful to give some examples of how the organisations in schedule 4 need these powers and how they contribute towards the criminal justice system in our country.

We are speaking about communications data, not about bulk warrants or intercept warrants; we are discussing the who, what and when of communications between suspects. The criminal justice system sees thousands of prosecutions brought each year by the organisations listed in schedule 4. The Department for Work and Pensions prosecutes benefit fraud, and I am sure we all support it on that. It conducted approximately 600,000 investigations last year, and communications data can be invaluable, particularly in dealing with conspiracies to defraud, in showing links between conspirators and the timing of their communications.

New clause 18 excludes one of the largest and most important investigating agencies: Her Majesty’s Revenue and Customs. It investigates a huge range of offences, from tax fraud to cigarette smuggling and the criminal exploitation of HMRC’s repayment system. The seriousness of some of these offences can be summed up in the offence that I prosecuted many times on its behalf: cheating the Revenue, which attracts a maximum sentence of life imprisonment. The Joint Committee heard evidence from HMRC that last year it made 10,000 requests for communications data, which supported 560 investigations, in cases involving a loss to the Treasury of £2 billion. If that is not a serious investigating organisation that deserves our help in investigating and prosecuting criminal activity, I do not know what is.

The injustice does not end with HMRC, and I will give just two more examples, as I am conscious of the time. The Financial Conduct Authority regulates the financial markets, and the banking, financial and insurance industries, among others. In a £10 million insider dealing fraud case, in which I was instructed, we were able to build an electronic reconstruction of a day in the life of an insider dealer. It went from the moment when a memory stick was inserted into a computer to download the price-sensitive information, to the handover of the stick to a co-conspirator at another bank, to the material being uploaded on to webmail and messages being sent out to the defendants to get trading on these stocks. The FCA operates in the digital world, by definition, and it made more communications data requests last year than 20 police forces that are cited in new clause 18.

The second example, mentioned by the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), is the Health and Safety Executive. It prosecutes employers who kill and maim employees and members of the public in the workplace. These are highly specialised cases, which could encompass any workplace, from building sites to chemical factories and care homes. Last year, the HSE conducted 3,280 investigations, resulting in 535 prosecutions in England and Wales.

I know that these are probing measures and that my hon. Friend the Member for Stevenage is raising important issues, particularly on access for child protection units and others, but we must not lose sight of the important role that many of these organisations play in the criminal justice system and their need for their power to prevent and detect crime.

Investigatory Powers Bill

Harriet Harman Excerpts
Report: 1st sitting: House of Commons
Monday 6th June 2016

(7 years, 11 months ago)

Commons Chamber
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Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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I rise to speak in support of amendment 146, which stands in my name and those of fellow members of the Joint Committee on Human Rights. The Committee conducted legislative scrutiny of the Bill and published our report—a unanimous report—on 2 June. Like previous speakers in this debate and everyone in their right mind, we wanted to make sure that the Government and, acting on behalf of the Government, the security services have the right intercept powers to keep us safe, while at the same time respecting privacy and not invading it abusively. I thank the members of the Committee who worked on that scrutiny, the legal adviser to the Committee, Professor Murray Hunt, the Committee staff and those who gave evidence.

Because I hope to catch your eye when we debate the next group of amendments, Mr Deputy Speaker, I shall speak briefly to amendment 146, echoing the points made by the hon. and learned Member for Edinburgh South West (Joanna Cherry), who speaks on behalf of the Scottish National party. The amendment is about the role of the judicial commissioners. In essence, the commissioners are doing two things. First, they approve warrants issued by those who have the power to issue warrants—a very important role. A warrant that is not approved is a dead duck; it has to be stopped there and then. The role played by the commissioners in the approval process is set out in clause 21 and subsequent clauses. Secondly, the commissioners have an oversight and reporting function, which is set out in clause 194. They review and oversee the authorisation of warrants; they report to the Prime Minister and that report has to be published to Parliament.

It is a problem to have the same person both carrying out approval of a warrant and overseeing their approval of the warrant. The purpose of having all these measures in the Bill is to get them right. I pay tribute to the Home Secretary for her determination to understand and respond to the concerns. I hope that she will respond to the concern I am setting out now. I am not sure it is necessary to have two separate organisations, as the SNP proposes in its amendment; but I am absolutely sure that there has to be some separation of functions. Oversight of oneself is not realistic oversight.

Victoria Atkins Portrait Victoria Atkins (Louth and Horncastle) (Con)
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Will the right hon. and learned Lady give way?

Joanna Cherry Portrait Joanna Cherry
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Will the right hon. and learned Lady give way?

Harriet Harman Portrait Ms Harman
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I will give way first to the hon. Member for Louth and Horncastle (Victoria Atkins) and then to the hon. and learned Member for Edinburgh South West (Joanna Cherry)

Victoria Atkins Portrait Victoria Atkins
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The Joint Committee on the draft Bill debated this matter in some detail. We concluded that it is better for judicial commissioners to have experience on both sides of the fence, as it were, just as at the criminal Bar barristers tend to prosecute and defend, so that they have knowledge of both sides. Secondly, the Committee was optimistic that it would help to attract judges of the right calibre to apply to be auditors.

Harriet Harman Portrait Ms Harman
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It might well be useful for commissioners to have experience of both functions, but not at the same time and not using the same team of staff. I think ours is a relatively modest but important proposal. I am sure the hon. Lady can see that the arrangement could be clarified to create some sort of Chinese wall between the two functions. We are not suggesting that the functions be performed by separate organisations, but the hon. and learned Member for Edinburgh South West may be about to persuade us all that separate organisations are needed.

Joanna Cherry Portrait Joanna Cherry
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I agree with the right hon. and learned Lady to an extent. Does her argument not boil down to the basic principle of Scots law and English law that no one should be a judge in their own cause? If one person grants a warrant then puts a different hat on and looks over whether that warrant was granted properly, they are being a judge in their own cause and there simply is not the proper transparency or oversight needed for public confidence.

Harriet Harman Portrait Ms Harman
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That is precisely my point. The Joint Committee on Human Rights and the independent reviewer have been helpful to the Government and bent over backwards in saying that separate organisations are not necessary—prima facie, one would say separate organisations are needed—but there should at the very least be Chinese walls. I therefore introduced the proposal in an amendment, and I hope to receive a response from the Government before the Bill goes to the Lords so that the matter can be looked at again, because we are a Joint Committee, and there are Members in the Lords who are eager to look at this. In the meantime, the Government’s responsibility, if they table amendments, is to submit a European convention on human rights memorandum with them. They have failed to do so. We regard those things as important. They are important for the House, so I urge them to do that. They should not table shedloads of amendments without producing an ECHR memorandum.

--- Later in debate ---
Harriet Harman Portrait Ms Harman
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The Joint Committee on Human Rights has four issues relating to this group of amendments that it would like to raise in the House and press the Minister on. The first relates to thematic warrants, and I want to follow up on the points made by the shadow Home Secretary and the shadow Immigration Minister on my own Front Bench, as well as those made by the hon. Member for Stevenage (Stephen McPartland) and the hon. and learned Member for Edinburgh South West (Joanna Cherry).

Our starting point is that we must remember that thematic warrants give enormous powers. Those who are authorised have the wide-ranging powers to read someone’s emails, which could include a report sent by a hospital about a medical condition, to listen to their phone calls, to see to whom they have been making calls, to hack their mobile phone and turn it into a listening device, and to look at all their information, including from their bank. The powers are very wide ranging. Such warrants are supposed to be targeted, so I urge the Minister to recognise the feeling across the House that powers are needed to make us safe, but that the Government have not yet sufficiently delineated and narrowed the circumstances in which they should be used. I urge the Government to talk to the Opposition Front-Bench team, their Back Benchers and the SNP to make the targeted powers more targeted.

David Winnick Portrait Mr Winnick
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What my right hon. and learned Friend says sums up the position. The Opposition Front-Bench team has managed to negotiate concessions from the Government. I accept their good intentions—the Opposition Front Bench—but the fact is that the powers that the Bill will give the security authorities are unacceptable despite all the concessions, which is a good reason for voting against Third Reading.

Harriet Harman Portrait Ms Harman
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Let us see whether the Minister and the Government will recognise that we are all trying to get the same thing here. We are trying not only to keep the public safe, but to protect privacy. However, we do that—my hon. Friend will recognise this—in the knowledge that the security services do get tempted to overreach their powers. As night follows day, that is what happens. There are so many examples, after which people think, “How on earth could that ever happen?” It happens because when the security services have powers, they get tempted to overreach them. That is why safeguards and narrow definitions are so important. For example, I was subject to security service surveillance, not because I was subversive but because I was fighting for human rights, women’s rights and workers’ rights. The point is that if they can do it, they will unless there is proper delineation, so I add my voice to those who argue for a narrower definition of thematic powers.

I also highlight the concerns of the Joint Committee on Human Rights to those who query the point about major modifications. The Government have gone such a long way to ensure that warrants are properly issued, so why are they driving a coach and horses through the proposal by saying, “After the warrant has been issued, if you feel like it, you can have a major modification”? Trust me, such modifications will not narrow the scope of warrants, they will only widen them. The Government have moved to an extent and have said that major modifications will be notified to the judicial commissioners, but it is not good enough just to tell them; there needs to be a proper approval process. The Government should look again at the proposal.

As for legal professional privilege and the constitutional issues that we should bear in mind when thinking about what are described as privileges, we must be extremely careful with such areas. Lawyers are able to hold the Government to account and that is called the rule of law. We do not want to give the Executive the ability to interfere unjustifiably with the rule of the law by undermining people in the legal exercise of their rights. I agree with those on the Opposition Front Bench and others who have said that the Government should go back to the Bar Council and the Law Society to ensure that legal professional privilege is properly sorted out.

Turning to my main point, I am sorry that the hon. Member for Gainsborough (Sir Edward Leigh) is not currently in the Chamber because I largely agree with him, but the Joint Committee on Human Rights has a better way of dealing with the matter. What we need to remember, as MPs, is that this is not just about our constituents being able to come to talk to us confidentially, although we should absolutely defend that. Let me just give one example on that. I had MI6 in my constituency and the cleaners there were about to be privatised, and then sacked or made redundant. They lived in my constituency but they had signed the Official Secrets Act and been told that they were to talk to nobody and were not allowed to be in a union. They came to me very upset, with one of them crying. They said, “We don’t know whether we can speak to you.” I said, “You can speak to me.” They then said, “We think that telling you what we are going to tell you is against the law.” I said, “It doesn’t matter what you are going to tell me. Your legal right, as my constituents, to tell me something that I need to know trumps everything.” They then said that they were going to be made redundant, and so I went along to see someone—I believe it was the director general of MI6—handily taking with me the then deputy general secretary of the Transport and General Workers Union, my hon. Friend the Member for Birmingham, Erdington (Jack Dromey). We got them all redundancy payments and that was sorted out, but I do not want to digress.

I think that the right of individuals to speak to their MP is important, but we face an even bigger constitutional issue, which relates to the fact that we are here not just to listen to what our constituents say, but to hold the Government to account. They are the Executive, and so the idea that the Executive has the power to hack into the emails and listen to the phones of those who are supposed to be holding them to account—to do all of this—offers a big prospect of the Executive abusing their power and undermining the legislature’s ability to hold them to account. The person in pole position to defend the importance of the legislature holding the Government to account is not the Prime Minister, who is the pinnacle of the Executive. We are here to hold the Prime Minister to account.

I appreciate that the Minister has said, “Make the Prime Minister consent to all our emails being hacked, all our phones being listened to and everything else”, but that gives me no reassurance at all, because the Prime Minister is the wrong person for this. We have gone higher up the tree, but we have gone up the wrong tree, because the person who is there to protect us in doing our job of holding the Government to account, including the Prime Minister, is the Speaker. That was recognised in relation to the situation of the right hon. Member for Ashford (Damian Green) when there was the question of the warrant being issued, so this is not unprecedented—the recognition that it is the Speaker who has to protect our rights to hold the Executive to account, which is what we are actually here for.

My Committee discussed this issue at great length. We do not suggest that we make the Speaker an arm of the state and make him start looking at warrants for all of us, but we go further than the hon. Member for Gainsborough, who says that the Speaker should be notified. We say that the Speaker should be notified sufficiently well in advance that if he or she feels that it is right to do so, they can go to be heard by the judicial commissioner to make their views known, and so they can have an intervention in the process. I am certain that if it was known that the Speaker would be notified and have the opportunity to speak about it to the judicial commissioner, that would make the security services much more cautious before they actually went for warrants to intercept all the communications that we are having.

John Hayes Portrait Mr John Hayes
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I could make two points about what the right hon. and learned Lady said. She says that the Speaker should be involved but not implicated, but I do not see how the Speaker would not be implicated and become an “arm of the state”—that is not a phrase I would have used, but she used it. The Speaker would by necessity become implicated because he would have to know the grounds on which the Prime Minister or others were acting. I do not really understand how she can claim that the Speaker can be involved but not implicated.

Harriet Harman Portrait Ms Harman
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It is true that we are sending part of the process to the Speaker, but we are not giving them the power to authorise. It would be wrong to make the Speaker be part of the authorising process—someone who applies for the warrant, or someone who, like the judicial commissioner, has to authorise the warrant. What we are talking about is notifying the Speaker, but in sufficient time so that if they notice that it is becoming very widespread, they have the opportunity to go before the judicial commissioner and say, “Look, this is going on too widely.”

John Hayes Portrait Mr Hayes
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Let me get this right. The right hon. and learned Lady is saying the Speaker would know when and who, but not what or why, because to know what or why, the Speaker would have to become implicated in the way I described.

Harriet Harman Portrait Ms Harman
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No, I think the Speaker would have to know the basis of the application if they wanted to; otherwise, how could they go before the judicial commissioner and say it was unacceptable? If people say, “Goodness me! That would be telling the Speaker information that would be useful in the hands of Daesh or al-Shabaab,” we would be in trouble anyway if the Speaker were the wrong sort of person to have it. I take a slightly different approach from the hon. Member for Gainsborough. He postulated the issue as politics, which is the Government and the Prime Minister, versus non-politics, which is the Speaker. It is not politics versus non-politics; it is the legislature versus the Executive. That is how we should think about it.

George Howarth Portrait Mr George Howarth
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Will my right hon. and learned Friend give way?

Harriet Harman Portrait Ms Harman
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I will, but I have a feeling that, sadly, I will disagree with my right hon. Friend, because I heard his intervention earlier and think that he too is barking up the wrong tree. To find myself barking up the same tree as the hon. Member for Gainsborough is a very sorry state of affairs, but I have the hon. Member for Stevenage (Stephen McPartland) on my side.

George Howarth Portrait Mr Howarth
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It is typical of my right hon. and learned Friend to get her defence in before hearing the attack. She has been a Law Officer, and when she was Solicitor General I had every confidence in her to be able to sort out the legal advice she gave as Solicitor General from whatever political position she might have taken. Why would she doubt that a Prime Minister could do the same?

Harriet Harman Portrait Ms Harman
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Because the Prime Minister is the Executive, and we need the separation of powers and the balance of powers. I disagreed with the hon. Member for Gainsborough when he was talking about what a great guy the Prime Minister is, so it is not a problem with him, but it might be with the next one. I am on my fifth Prime Minister now and they all have something in common: they regard being held to account as a bit of a nuisance. They do not welcome scrutiny—it is just the nature of the beast. We have to take that into account and accept the fact that, for the rule of law, we have to protect lawyers; for freedom of speech and expression, we have to protect journalism; and for holding the Executive to account, we must protect our rights in this House.

Robert Buckland Portrait The Solicitor General
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I am grateful to one of my predecessors for allowing me to intervene. What if, in a hearing, the Speaker agreed with the application and said, “Yes, go ahead—apply for the warrant. We don’t have any objection to it.”? How would a Member of Parliament hold the Speaker to account for a decision that affected them?

Harriet Harman Portrait Ms Harman
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The point is that the system has accountability for the Home Secretary for issuing the warrant through the judicial commissioner. We are talking about additional protection by way of the Speaker. The Speaker would not be supporting an application; the Speaker would simply be notified, and if they had no objection, it would go through and they would have nothing to do with it—but the Speaker would have knowledge. That is true: the Speaker would have knowledge of it.

In a difficult situation, how do we make sure that we do not put all our rights as a legislature into the hands of the Executive? I appreciate that the Government have tried to work out ways to strengthen the safeguards, but the issue is not just the strength of the safeguards; it is the appropriateness of them. The Prime Minister is not an appropriate safeguard to protect the rights of us in this House to hold him to account. I simply ask the Government to look again.

I congratulate the Government, the Labour and SNP Front Benchers and Back Benchers for working constructively on this. Ultimately, we all want the same thing: we want to be able to walk the streets safely and sleep safely in our beds, but not have the Executive tempted to abuse their power.

Oral Answers to Questions

Harriet Harman Excerpts
Thursday 12th December 2013

(10 years, 4 months ago)

Commons Chamber
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Helen Grant Portrait Mrs Grant
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As always, my hon. Friend makes a good and important point. We must not spoil this opportunity. It will be a fantastic occasion and we want people to be inspired by sport, inspired by rugby and to have a wonderful time.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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The House will have heard the powerful points put by my hon. Friends. Next year, 2.3 million tickets will go on sale for rugby union world cup matches in this country. It is the third-largest sporting tournament in the world. As the Minister knows, the organisers want to protect rugby fans from ticket touts and are asking for us to do the same as we did in the Olympics and ban the secondary ticketing market. So far, she is refusing to do this. We would help with the legislation, as my hon. Friend the Member for Blaenau Gwent (Nick Smith) rightly said. Will she think again so that the 2015 rugby union world cup can be enjoyed by rugby supporters, not exploited by ticket touts?

Helen Grant Portrait Mrs Grant
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The event will be enjoyed by rugby supporters and not exploited by ticket touts. I met England rugby 2015 recently and am aware of its concerns. I will always listen, but I am confident that mechanisms are in place to ensure that this event is enjoyed and not spoiled. There are many different mechanisms that can be put in place, including barcoding, named tickets and staggered releases, and I am delighted that 500,000 tickets will go on sale through the RFU’s members next May.

Oral Answers to Questions

Harriet Harman Excerpts
Thursday 31st October 2013

(10 years, 6 months ago)

Commons Chamber
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Maria Miller Portrait Maria Miller
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I thank my hon. Friend for his comments. I would add that the public overwhelmingly support a free press, so it is important that we strike the right balance. I am sure that everyone here today would agree that the new system has to have a free press at its heart, while giving individuals the right level of redress, as I believe it will.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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I thank the Secretary of State for the key role that she has played in finally getting the royal charter sealed by the Privy Council yesterday. Clear evidence was presented to Lord Justice Leveson of innocent people suffering as a result of press abuse, and it is almost a year since he produced his report, so a proper complaints system that does not infringe the freedom of the press and that is truly independent of the press and politicians is long overdue. Does the right hon. Lady agree that the press have nothing to fear from an independent complaints system? Will she join me in encouraging the industry to establish a genuinely independent self-regulator and put it forward for recognition?

Maria Miller Portrait Maria Miller
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I thank the right hon. and learned Lady for her kind sentiments. It is also important to place on record the fact that the press are making good progress on setting up a self-regulator. They have already issued papers and are well into the necessary negotiations. Perhaps I could ask her a further question. Will she join me in staving off any form of pressure for statutory regulation of the press, because it is clear that some are still trying to use that as a threat?

Oral Answers to Questions

Harriet Harman Excerpts
Thursday 20th June 2013

(10 years, 10 months ago)

Commons Chamber
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Maria Miller Portrait Maria Miller
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I pay tribute to all the work that my hon. Friend has done in this regard. As he will know, the Marriage (Same Sex Couples) Bill is currently being debated in the other place. We are continuing to discuss the issue that he has raised with transgender groups, but I gently remind him that it is actually an issue for the Ministry of Justice. Perhaps he could raise it with my right hon. Friend the Lord Chancellor.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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May I take up the points made by my hon. Friend the Member for North Ayrshire and Arran (Katy Clark)?

I hope the Secretary of State agrees that, despite our political differences and the occasional blip, and despite the fact that we are by no means out of the woods yet, we worked well together on the basis of trust and good faith, and worked well with the Liberal Democrats, in trying to sort out the question of press complaints following the Leveson report. However, as she has just said, we have yet to deal with the important issue of monopoly media ownership, which prevents the market from operating by preventing new entrants to it, as well as being bad for democracy.

May I ask the Secretary of State to do what the Government did before, namely set up and lead cross-party talks on the question of media ownership? We—and, I am sure, the Liberal Democrats—would be very willing to work with the Government to deal with that aspect of the Leveson inquiry, which is important and has not yet been tackled.

Maria Miller Portrait Maria Miller
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I observed no blips in our working together; I thought that it went very well indeed.

We have already agreed on how to deal with the issue raised by the right hon. and learned Lady. We will seek views on it in the summer. Lord Justice Leveson himself said that he was not able to devote enough time to considering media plurality matters in detail, and I think that we need to do so now. I think that if we are to provide the sort of broad policy framework that we need, we should seek views on those matters rather than engaging in further political discussion.

Oral Answers to Questions

Harriet Harman Excerpts
Thursday 14th February 2013

(11 years, 2 months ago)

Commons Chamber
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Hugh Robertson Portrait The Minister of State, Department for Culture, Media and Sport (Hugh Robertson)
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I join my hon. Friend with pleasure in congratulating those volunteers. I should add to his excellent question by saying that more than 1,000 local community sports clubs have benefited from funding under Places People Play. The funding was made available by the reforms to the lottery introduced by this Government and opposed by the Labour party.

Harriet Harman Portrait Ms Harriet Harman (Camberwell and Peckham) (Lab)
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With the Arts Council cut by 30%; with regional development agencies, which did so much to support the arts in the regions, abolished; with arts donors smeared as tax dodgers; with the Education Secretary trying to squeeze arts out of the curriculum; and with local government, especially in hard-pressed areas, which does so much to support arts in local communities, facing the biggest cuts in a generation, does the Secretary of State not realise that it is her job to fight for the arts for everyone? Will she therefore withdraw her shameful assertion that the arts community is disingenuous and that its fears are pure fiction?

Maria Miller Portrait Maria Miller
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The right hon. and learned Lady will know that the arts and culture in this country are at the heart not just of making this a great place to live, but of the growth strategy. That is the work that our Department is doing. It is important to show that arts and culture are not just on the periphery, but at the heart of making this a great country. I am glad she has decided to show an interest in this area—I welcome that. I hope she will underline the importance of sending messages to local authorities such as those in Newcastle that the arts are important.