Oral Answers to Questions

Debate between Henry Smith and Michael Ellis

Thursday 9th July 2020 Commons Chamber

[The Solicitor General]

I thank my hon. Friend for that question. That is quite right and he makes an important point about social media and the risk of contempt of court. My office has prepared and promoted materials available online to inform the general public, including slides and web pages, and I entirely agree that an emphasis on education is important to ensure that members of the public do not inadvertently publish prejudicial material online, because doing so can have serious consequences.

[Henry Smith (Crawley) (Con)]

What assessment she has made of the effectiveness of the CPS during the covid-19 outbreak.

Police Reform and Social Responsibility Bill

Debate between Henry Smith and Michael Ellis

Monday 13th December 2010 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

I am delighted to follow the speakers who have recently been addressing the House. I completely support and commend the Bill. I intend to refer in the few minutes available to a couple of its clauses, but it strikes me very much that the Bill as a whole tremendously empowers people in our country, drawing power away from the state. As such, it is to be highly commended, and I congratulate the Minister on that.

The handful of Opposition speakers—and it is a small number—who have spoken on the issue of universal jurisdiction and the safeguard in the Bill have confirmed why it is so necessary to improve the law on universal jurisdiction as it stands. This issue is not just about Israel: the Chinese Trade Minister has apparently been threatened with arrest because of the current provision, as has Henry Kissinger. There have been difficulties in Europe with Donald Rumsfeld’s freedom of movement, and I believe that White House staffers have been threatened with arrest in Spain because of the principle of universal jurisdiction. I am given to understand that even the former Prime Minister Tony Blair has had a large number of petitions levied against him in the International Criminal Court, so this issue is not unique to the United Kingdom or Israel. It is an area that has needed reform for some considerable time.

The principle of amending the law on universal jurisdiction is in no way about stifling meritorious complaints. However, where jurisdiction is very wide, as it currently is in this country, it will tend to act as a magnet for complaints that are rooted in political vendettas, regardless of their merit. Universal jurisdiction has tended to mean that high-level consultations and meetings have been disrupted, and at times even cancelled. London has a long-established and important reputation as an effective venue for warring parties around the world—indeed, it has a cherished ability to act as such, serving as a diplomatic hot spot.

[Henry Smith]

My hon. Friend makes an important point. Ironically, universal jurisdiction is getting in the way of diplomatic efforts to engender peace and in the way of peace talks and discussions, particularly in this international venue that is London. The Bill’s provisions are thus absolutely correct.

[Michael Ellis]

I am grateful to my hon. Friend for that intervention. There have been literally dozens of examples in our recent history where London has been a centre for the negotiation and conclusion of important international agreements between warring factions, and we are in danger of losing that ability because universal jurisdiction has been misused, misapplied and inappropriately applied as a means of pursuing political vendettas. All that is required for the proposed changes is the consent of the Director of Public Prosecutions—it is, incidentally, already required in certain other routine prosecutions—which would enable the system to withstand attempts to exploit the law for settling political scores. I very much welcome that provision.

Other important provisions are designed to deal with the encampment on Parliament square. The Prime Minister has said that he would like to see that encampment done away with; the Bill will achieve that, although it will be some months before Royal Assent is granted. Having looked at the existing laws, I take the view that law is already available on the criminal statute book, which could be applied to remove the encampment in time for the royal wedding in April.

Members will be fascinated to know that I have in mind the Vagrancy Act 1824. As Members will obviously know, section 4(2) of the 1824 Act says:

“Every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or wagon, and not giving a good account of himself or herself… commits an offence.”

Members might be interested to know that this Act is not as obsolete as its antiquity would tend to imply. It is, in fact, a piece of legislation that is used regularly around the country. I myself have prosecuted people for this offence in relatively recent times, in my former guise as a member of the Bar.