European Council
Jack Straw Excerpts(10 years, 8 months ago)
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The Prime Minister
To answer the Father of the House directly, the difference between the Scottish referendum and the one in Crimea is that the Scottish referendum is legal. It was discussed and debated in this House and in the Scottish Parliament, and we went a long way to put in place arrangements that I have described as not only decisive and fair but legal. The difference between those arrangements and the Crimean referendum is that the Crimean referendum is illegitimate and illegal under the Ukrainian constitution. That is not to say that the people of Ukraine or of Crimea cannot, over time, find a way of expressing their own preferences. That is what we have done in Scotland, and of course they can do it there too, but the way in which this referendum has come about is clearly illegitimate and illegal; that is the difference.
Mr Jack Straw (Blackburn) (Lab)
Against the background of thugs in Crimea blocking the admission of OSCE monitors into Crimea, what does the Prime Minister think of Russian Foreign Minister Lavrov’s claim last week that one of the ways of resolving the matter peacefully is by using the OSCE?
The Prime Minister
The right hon. Gentleman, who served as Foreign Secretary, speaks with great knowledge. The fact is that a number of things our Russian interlocutors have said have turned out simply not to be true. We have to be very clear in challenging them on that. Of course Russia has an interest in having a strong and positive relationship with Ukraine, which we understand and welcome, but in these circumstances some of the things that have been said about what is happening on the ground, the consequences that would follow certain actions, and indeed the point he has just made, show that they have not been entirely straightforward with us.
Detainee Inquiry
Jack Straw Excerpts(10 years, 11 months ago)
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Mr Clarke
I am grateful to my right hon. and learned Friend for explaining why we gave the ISC more powers, and why that very powerful Committee, with its very strong membership, is capable of exercising its responsibilities and—we hope—producing the information that we require. The Gibson report did indeed indicate that when it had previously tried to conduct inquiries into detention and rendition, the Committee had not been given access to much fuller information involving all the incidents of detainee mistreatment that had been complained about, and the full internal investigations of rendition that had taken place. I have no doubt that my right hon. and learned Friend’s Committee will rectify that when it returns to the subject.
Mr Jack Straw (Blackburn) (Lab)
Thank you very much, Mr Speaker, for allowing me a response at greater length than is usual. May I thank the right hon. and learned Gentleman for his statement and the care he has taken in handling this matter, which I personally appreciate, and may I say that I share many of the sentiments he has expressed?
I greatly welcome today’s announcement that the Intelligence and Security Committee will now inquire into the questions raised by Sir Peter Gibson’s interim report, and that all relevant witnesses will be able to give testimony in person? Such a further inquiry is, surely, imperative given that the 27 sets of issues Sir Peter identifies have been based entirely on the available documents, and not on any statements, or oral examinations of witnesses?
May I tell the House that, as Foreign Secretary, I acted at all times in a manner that was fully consistent with my legal duties and with national and international law, and that I was never in any way complicit in the unlawful rendition or detention of individuals by the United States or any other state?
Is the right hon. and learned Gentleman aware, as Sir Peter brings out in his interim report and has long been known more widely, that in early January 2002 I agreed that the UK should not stand in the way of UK nationals who were detained in Afghanistan by the United States being transferred to Guantanamo Bay, and that I did so after careful legal advice and because, at the time, it was the only practical alternative to their remaining in custody in Afghanistan? But will the right hon. and learned Gentleman also accept that we never agreed in any way to the mistreatment of those detainees or to the denial of their rights, that we made repeated objections to the United States Government about these matters, and that I was able to secure the release of all British detainees by January 2005?
Does the right hon. and learned Gentleman agree that we should never forget the context: that the period covered by this report was the aftermath of the world’s most appalling terrorist atrocity ever, on 11 September 2001, and that in this period there was a continuing and profound anxiety about further terrorist outrages to come—anxieties that were all too well placed, as we all discovered on 7 July 2005?
Finally, will the right hon. and learned Gentleman agree that throughout this difficult period it was the exemplary professionalism and bravery of our armed forces and of the staff of our intelligence and security agencies which ensured that, in so far as was humanly possible, our nation and its people were kept safe?
Mr Clarke
I have the greatest respect for the right hon. Gentleman and I have considerable sympathy with him for the frustrating personal position in which he finds himself. There has been briefing around this matter and allegations have been made, and he has had no opportunity of appearing before Sir Peter and giving evidence, which he was anxious to do, and helping Sir Peter and the panel establish what actually happened during the period in question. He will now have the opportunity to do so when the ISC looks into these matters. Obviously, I cannot give any opinion on the issues the right hon. Gentleman raises because they relate precisely to what we are trying to get someone to investigate and reach a conclusion on, but it is certainly the case, as Sir Peter’s report makes clear, that one of the issues that will have to be looked at is whether Ministers were properly informed in full about what was going on and what necessary ministerial authorisation there was.
I also share the right hon. Gentleman’s final sentiment. I hope that all Members agree that we want the toughest and most effective intelligence services we can get and that we want our intelligence services to be at least as effective as those of any other nation. But we are a democracy and we also want to know that what they do is proportionate, complies with essential ethical standards and is authorised by a Minister, and that all the activities are carried out by people who are accountable to the Ministers responsible and to Parliament as well, when possible. That is the conclusion I hope we will eventually reach.
Commonwealth Meeting and the Philippines
Jack Straw Excerpts(11 years ago)
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Mr Jack Straw (Blackburn) (Lab)
May I press the Prime Minister on the question from my right hon. Friend the Member for Cynon Valley (Ann Clwyd)? She asked him whether undertakings were given that there would be no harassment of those he met and had dealings with in the north. Re-housing is one thing, and it is important, but I would be very grateful if he expanded on that.
The Prime Minister
The point I was trying to make was that although undertakings that those people should not be harmed were vital, their cases should also be taken up by the Sri Lankan Government. The response of the Sri Lankan Government to such issues is not to say that such people do not exist or that there is nothing that can be done. They are saying, “Please give us time. We are dealing with this.” It is right for the international community to press them on these issues. Yes, there were many more internally displaced people four years ago, but there are still too many today and they need to be properly looked after.
EU Council
Jack Straw Excerpts(11 years ago)
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The Prime Minister
There was no specific discussion about energy prices, but one of the proposals of the business taskforce report is to ensure that we do not add to the cost of, for instance, shale gas extraction. That was very much welcomed by other member states. We need to consider how regulations add to the costs for energy consumers.
Mr Jack Straw (Blackburn) (Lab)
I welcome the Prime Minister’s efforts in respect of deregulation. May I ask him to pay particular attention to the REACH—registration, evaluation, authorisation and restriction of chemicals—regulation? As I have explained to the Secretary of State for Environment, Food and Rural Affairs, that regulation is likely to have a deleterious effect on one company in my constituency, which does not wish to be named for obvious reasons. We all support health and safety measures in respect of chemicals, but will he look at the over-elaborate enforcement of the regulation, which is unnecessary and could do gratuitous damage to companies in this country?
The Prime Minister
The right hon. Gentleman makes a good point. That issue is covered in the excellent document by the business taskforce.
May I take this opportunity to say how much the right hon. Gentleman will be missed in Parliament by Members on both sides of the House? I worry that if he retires to his house in my constituency, he might be a rather frequent correspondent when he has so much time on his hands. However, his contributions are always welcome.
G20
Jack Straw Excerpts(11 years, 2 months ago)
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The Prime Minister
My right hon. and learned Friend is absolutely right to raise this point. When you visit one of the refugee camps, as I have, in Jordan and see the children being taught in enormous temporary classrooms under canvas in tents, you realise that their whole childhood, in some cases, will be spent in these camps. We have to alleviate their suffering and we have to help them, but above all we need a political solution as well.
Mr Jack Straw (Blackburn) (Lab)
May I ask the Prime Minister about the tax and transparency conclusions of the G20? They are welcome, but does he agree that so long as Austria and Luxembourg refuse even to sign up to the EU tax guidelines, the work of the G20, welcome as it is, will be undermined from within the EU itself?
The Prime Minister
The right hon. Gentleman is absolutely right. For many years, Luxembourg and Austria have held up progress on this issue. They have often tried to get round that by pointing to the overseas territories and Crown dependencies of the UK, which have now put their house in order, so we can turn back to Austria and Luxembourg. They are under a huge amount of pressure, because the agenda of tax and transparency is growing fast. They have made some moves in the European Union, but we need to do more.
Oral Answers to Questions
Jack Straw Excerpts(11 years, 2 months ago)
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The Prime Minister
I will certainly look at the proposal my hon. Friend makes. I know that he wants Shrewsbury to be a connected hub in our country, and he puts that case regularly. The good news about this economic recovery, early days though it is, is that we are seeing it through more people in work. There are 935,000 more people employed than there were when this Government came to office and 1.3 million more private sector jobs, and we need to see further progress on that, because the best route out of poverty and the best way to improve living standards in our country is to see an increasing number of our men and women in gainful work.
Mr Jack Straw (Blackburn) (Lab)
May I press the Prime Minister on the issue of relations with Iran? With respect to him, his previous answer sounded as if he had taken no account of the fact that since our embassy was outrageously sacked by Ahmadinejad and his thugs, there has been an election in Iran, however imperfect, that has led to a different individual becoming President, Hassan Rouhani, who to my certain knowledge is someone the west and the British Prime Minister can deal with. May I ask him to look very carefully, with the Foreign Secretary, at how we can take steps now to improve relations with Iran, identify matters of common interest and try to get it involved in solving Syria?
The Prime Minister
I agree that the election of a President who has a greater commitment to reform is a positive step, and I have written to President Rouhani to raise a series of issues that need to be settled between Britain and Iran. Above all, we need to see progress on what President Rouhani himself has said is important, which is trying to come to an agreement whereby Iran gives up the idea of nuclear weapons and in return we see some relief on sanctions. That would be major progress, but we should not just do that from a position of hoping for the best. We have seen what Iran has been capable of in the recent past, so we should go into such discussions very cautiously.
Syria and the Use of Chemical Weapons
Jack Straw Excerpts(11 years, 2 months ago)
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The Prime Minister
I completely agree with my hon. Friend. I am fully aware of the deep public scepticism and war-weariness in our country, linked to the difficult economic times people have had to deal with, and that they are asking why Britain has to do so much in the world. I totally understand that, and we should reassure our constituents that this is about chemical weapons, not intervention or getting involved in another middle eastern war.
Hon. Members
And former Foreign Secretary, Lord Chancellor and Secretary of State for Justice.
Mr Straw
And Member of Parliament for Blackburn.
The Prime Minister said a moment ago, within the hearing of the House, that one of the purposes of any action would be the “degrading” of the Assad regime’s chemical weapons capability. In a letter that General Martin Dempsey, the chairman of the Joint Chiefs of Staff, sent to Carl Levin, of the United States Congress, a couple of months ago, he spelt it out that fully to do that would involve hundreds of ships and aircraft and thousands of ground troops, at a cost of $1 billion a month. Given that the Prime Minister is not proposing that, could he say what his objective would be in degrading the chemical weapons capability?
The Prime Minister
Of course, the right hon. Gentleman has had many jobs—Home Secretary, Foreign Secretary and so on—so perhaps I should just refer to him as “my constituent”. That is probably safer.
The right hon. Gentleman makes a very good point, however. I think that the Dempsey letter was addressing the point that if we wanted entirely to dismantle, or to attempt to dismantle, Syria’s weapons arsenal, that would be an enormous undertaking which would involve ground troops and all sorts of things, but that is not what is being proposed; the proposal, were we to take part, would be to attempt to deter and degrade the future use of chemical weapons. That is very different. I do not want to set out at the Dispatch Box a list of targets, but it is perfectly simple and straightforward to think of actions that we could take relating to the command and control of the use of chemical weapons, and the people and buildings involved, that would indeed deter and degrade. Hon. Members will ask this point in several different ways: how can we be certain that any action will work and would not have to be repeated? Frankly, these are judgment issues, and the only firm judgment I think we can all come to is that if nothing is done, we are more likely to see more chemical weapons used.
Mr Jack Straw (Blackburn) (Lab)
I was the final speaker in the debate in this House on 18 March 2003 on the resolution in which I had recommended to the House that we should take military action against the Saddam Hussein regime. That resolution was passed by 412 votes to 149. I have set out in detail elsewhere how I came to the conclusion that war against Saddam Hussein was justified, on the basis of information that was then available and of widely shared international judgments about the threats posed by the regime. But, whatever the justification on 18 March 2003, the fact was that there was an egregious intelligence failure, and it has had profound consequences, not only across the middle east but in British politics, through the fraying of those bonds of trust between the electors and the elected that are so essential to a healthy democracy.
Iraq has not, however, meant that the British public or, still less, this House have become pacifist. Two years ago, the House and the public approved action against the Gaddafi regime. The need for that action to prevent a massacre in and around Benghazi was palpable. It was approved by the Security Council and it was plainly lawful. But Iraq has made the public much more questioning and more worried about whether we should put troops in harm’s way, especially when intelligence is involved.
The question before us now is whether the use of chemical weapons changes the considerations that, up to now, have determined that we should not intervene militarily in Syria. We need to decide whether, as the Government motion proposes, a “strong humanitarian response” to the use of chemical weapons may, if necessary, “require military action” by the United Kingdom’s armed forces. My conclusion at the moment is that the Government have yet to prove their case. I think we are clear that chemical weapons were used, but we will get more information on that from the inspectors. We are also pretty clear that culpability for that is likely to have been with the Assad regime, but I say to the Prime Minister and to my right hon. Friends on the Opposition Front Bench that there was also very strong evidence about what we all thought Saddam held—[Interruption.] No, he had held an arsenal of chemical and biological weapons, and the issue was much more one of what we should do about that than of a widespread sharing of the assessment by the Security Council that Saddam posed a threat to international peace and security.
Mr Richard Bacon (South Norfolk) (Con)
The right hon. Gentleman described Iraq as an intelligence failure, but what actually happened was that Tony Blair said in this House that the information was “extensive, detailed and authoritative”, yet it later turned out to be limited, sporadic and patchy. That was the assessment of the intelligence services. It was not an intelligence failure; it was a political failure.
Mr Straw
We can debate the Iraq inquiries at another date, and I am sure that we shall do so. I accept my responsibilities fully for what happened in respect of Iraq. I have sought, both before the Iraq inquiry and elsewhere, to explain why I came to my conclusion. I simply make the point, which is widely shared across the House, that one of the consequences of the intelligence failure on Iraq has been to raise the bar that we have to get over when the question of military action arises.
Paul Flynn (Newport West) (Lab)
The House was told that there were weapons of mass destruction that posed a threat to the United Kingdom, and we were also told, in 2006, that we were going into Helmand province in the hope that not a shot would be fired. Does my right hon. Friend acknowledge that the result of accepting those decisions has been the deaths of 623 of our brave soldiers? Does he not realise that those are the reasons that the public no longer trust Government assurances about going to war?
Mr Straw
With respect to my hon. Friend, the arguments about Afghanistan, then and now, are very different. There will be other occasions to debate that matter.
Even if there is compelling evidence on culpability, the bigger question arises of the strategic objective of any military action and its likely consequences. The Prime Minister has accepted that such strikes would not significantly degrade the chemical weapons capability of the Assad regime. We need to be clear about that. The right hon. and learned Member for Kensington (Sir Malcolm Rifkind) spoke about trying to take that capability down. However, if the first set of strikes failed to do that—the Prime Minister seemed to accept that they would be more by way of punishment and deterrence, rather than a degrading of the capability—what would happen after that? We all know—I bear the scars of this—how easy it is to get into military action, but how difficult it is to get out of it.
There is also the issue of precisely what the objective of the action is. The case seems to veer between the alleviation of human suffering and some sort of warning for or punishment of the Assad regime. If the Prime Minister comes back to the House to recommend military action, he must be clear about precisely what the purposes are.
This morning, we woke up to hear the President of the United States, Barack Obama, saying that by acting in
“a clear and decisive but very limited way, we send a shot across”
Assad’s bow. Let us pause and consider the metaphor that was chosen by the President, because it is revealing. A shot across the bow is a warning that causes no damage and no casualties—shells fired over the bridge of a naval vessel. In this case, it might be a Tomahawk missile that is targeted to fly over Damascus and land in the unoccupied deserts beyond. That cannot be what the President has in mind. We need to know what he really has in mind and what the consequences of that will be. There will be casualties from any military action—some military and almost certainly many civilian.
I have one last point to put to the Prime Minister. He sought to draw a distinction in his speech between our response to war crimes and taking sides in the conflict. However much he struggles to make that distinction, let us be clear that if we take an active part in military action, which I do not rule out, we shall be taking sides. There is no escape from that. We shall be joining with the rebels, with all the consequences that arise from that, and not maintaining a position of neutrality.
Richard Ottaway
We have to take the world as we find it. The situation has been made quite clear, including by the Prime Minister: the aim initially is to attempt to degrade Assad’s capacity, so it is essential that our strategic objective be focused on the command and control of the chemical weapons programme. If that is not successful, I am sure that he and I will be back here asking, “Where do we go from here?”
I turn to the Attorney-General’s view that there is a legal basis for intervention without a Security Council resolution, which poses more questions than it answers.
Mr Straw
Will the hon. Gentleman be a bit more precise? Today, the Prime Minister widened the objectives to include degrading the chemical weapons capability, but General Dempsey has made it clear that that is possible to a significant degree only with the deployment of thousands of troops and hundreds of ships. Surely we have to be clear about what we anticipate will result from the use of Tomahawk missiles and such things before, not after, we embark on their use.
Richard Ottaway
The right hon. Gentleman put that point to the Prime Minister, and I thought he dealt with it. General Dempsey was talking about the wider picture, whereas the motion and the proposal concern the chemical weapons regime, which we will attempt to degrade.
EU Council and Woolwich
Jack Straw Excerpts(11 years, 5 months ago)
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The Prime Minister
I always listen carefully to my right hon. Friend. I would just make two points. The first is that when I see the official Syrian opposition, I do not see purely a religious grouping; I see a group of people who have declared that they are in favour of democracy, human rights and a future for minorities, including Christians, in Syria. That is the fact of the matter. Secondly, of course the Russians have long supported the regime, but they can see the damage that is being done to Syria and to their reputation throughout the middle east. That is why it is a good time to push all parties towards the political transition that is so deeply needed in this area.
Mr Jack Straw (Blackburn) (Lab)
On Syria, does the Prime Minister accept that that elusive but very necessary comprehensive peace deal requires not only that Russia should be a party to it, but that Iran should be? Whatever the difficulties, will he say what action he has taken to ensure that Iran is a participant in the peace conference and also what action we are taking to bring back full diplomatic relations with the Republic of Iran?
The Prime Minister
The right hon. Gentleman is right that the role of Iran is something that should be discussed; the point I would make is that Iran is currently playing a role, using its proxies and helping to massacre Syrian civilians. Clearly in the end what is needed more than anything else—more than the engagement of any regional player or indeed any superpower—is for the Syrian people themselves to see a transitional Government in whom they can have confidence. Clearly that has to involve elements of the opposition; it has to involve some elements of the regime, too. That is what a transition would involve.
Royal Charter on Press Conduct
Jack Straw Excerpts(11 years, 8 months ago)
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The Deputy Prime Minister
Lord Justice Leveson looked at this matter extensively and said that, in addition to taking action when the criminal law had been broken, further reassurance was needed to ensure that innocent people had recourse to justice when they were being intimidated or bullied in an unjustified way.
Our royal charter meets all three tests: it delivers Leveson, it commands cross-party support and it strikes the right balance between the freedom of the press and the rights of individuals. One of the biggest hurdles that we have all had to overcome has been the polarisation of this debate, with the idea that someone is either for a full statute or against it, and that they are either on the side of the victims or on the side of the press, when in reality most people are on the side of both. We have not succumbed to those false choices, however.
We have forged a middle way with a royal charter protected by legislation—a system of independent self-regulation, a voluntary system just as Lord Justice Leveson outlined—but with two specific statutory provisions. First, there will be a legal provision to ensure that if a newspaper is signed up to the regulatory regime, judges will be able to take that into account when awarding costs and damages in the courts. Newspapers will be rewarded for playing by the rules, and I very much hope that the newspaper groups will now see the logic of that incentive and get behind the reforms.
Secondly, there will be an entrenchment clause to prevent future Governments from chopping and changing the royal charter on a whim. I have been pushing consistently for that legal safeguard since the royal charter model was proposed. Without it, the royal charter would leave the door open to political meddling by future Governments, and that is a risk that we must not take.
Mr Jack Straw (Blackburn) (Lab)
In 2008, the House agreed, on an all-party basis, in sections 77 and 78 of the Criminal Justice and Immigration Act 2008, to strengthen the penalties in section 55 of the Data Protection Act 1998 for breach of data protection. Alongside that, a separate section guaranteed press freedom and a public interest defence. Does the Deputy Prime Minister agree that this is now the time, more than four years after they were passed, to bring those sections into force?
The Deputy Prime Minister
The right hon. Gentleman makes a strong case, and that course of action was recommended by Lord Justice Leveson as well. It is not covered by this cross-party agreement, but it is one of the issues that we will need to sweep up.
Justice and Security Bill [Lords]
Jack Straw Excerpts(11 years, 8 months ago)
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Mr Davis
As one of the two junior Ministers who took the Secret Intelligence Service Bill through the House and asked the then head of MI6 whether he really meant this, I can take his point. But the simple truth is that we have to live up to those standards of accountability, and that means open justice wherever we can have it.
One of the interesting divides that has taken place in all this is almost a generational one. We have had closed material procedures only since—
Mr Davis
Yes, 1997; for only a decade or two. A generation of special advocates have taken a strong stance on this, and they have taken a different stance from everybody else because they have experienced both sorts of procedure. Nearly all of them have personally understood the closed material procedure and the PII procedure, and most of them know both procedures inside out. One of the things they argue—a point made by my hon. Friend the Member for Chichester (Mr Tyrie) in his brilliant speech, every word of which I agreed with—is that PII has been misrepresented. Any special advocate will say that PII is a much more complex, judge-created, judge-evolved process than is being represented. Of course there can be simple blocking; of course, in addition, there can be redaction; of course there can be circles of confidentiality; of course there can be in-camera hearings. The Minister without Portfolio rather dismissively said that this is the system that gave us arms to Iraq. Even in that process, which involved at least one ex-Minister and one Minister in the House today, early on in the development of PII we saw one category of certificate refused, one category accepted and one category heavily redacted. That gave the court enough information to make Alan Clark face the interrogation in which he came out with those famous words “economical with the actualité”, which collapsed the case because the prosecution recommended an acquittal on the basis of the evidence.
Mr Davis
Forgive me, but I am just coming to an end.
The right hon. Member for Salford and Eccles was persuasive in arguing that if there is to be some sort of opt-out on gisting if things are really serious, only the judge should decide that. I take that point, and it is a good argument. There should be proper, explicit judicial balance in the decision to go to a CMP that takes into account all the interests of justice, and not just national security. There should be the argument of strict necessity; that is what I mean by the hierarchy. On that basis, the House could come to a conclusion in which we effectively have the best of all worlds.
Mr Straw
I begin by drawing the House’s attention to the fact that, along with Her Majesty’s Government and an official, I have been a defendant in civil actions brought by two Libyan nationals and their families— Mr al-Saadi, whose case was settled just before Christmas, and Mr Belhaj. In the case of Mr Belhaj, proceedings are still active; in the circumstances, I am sure the House will understand how constrained I have to be in respect of those matters at present. I hope to be able to say much more about the cases at an appropriate stage in future. However, I should make it clear that at all times, in all the positions that I occupied as a Secretary of State, I was scrupulous in seeking to carry out my duties in accordance with the law.
My purpose in rising to speak now is to explain why I believe that the Government’s formulation for the conditions for a closed material proceeding are to be preferred to those of the Opposition. However, I want to make two more general points to begin with.
First, the freedoms that we in this country take for granted are built on our system of justice, which is among the very best in the world. It is independent, fair and fearless—and it is transparent, for the very obvious but crucial reason that justice must not only be done, but be seen to be done. It follows that we should permit departures from that principle of openness only in the most exceptional circumstances.
Whenever Parliament has been asked to agree to having part of a court’s proceedings in camera or to having the identity of witnesses, or most seriously the evidence itself, withheld from one of the parties to the proceedings, it has scrutinised the legislation with the greatest care. It has nonetheless been convinced that, in some cases, the interests of justice do require such special procedures.
Thus in 2008, Parliament agreed, in the Criminal Evidence (Witness Anonymity) Act, new statutory procedures for the taking of anonymised evidence in criminal trials. That evidence has to be heard by the defendant and the jury, but its origin—the names involved and often the exact circumstances in which it came to be produced—is kept secret and away from the defendant.
More relevantly to today’s proceedings, in 1997 Parliament decided on a cross-party basis to establish the first arrangements for closed material proceedings in respect of persons whose deportation had been ordered on grounds of national security but where the evidence against them could not safely be disclosed to the deportee or their representatives.
I note what the special advocates have said, because we are all reluctant to see such a system operate, although it has to because it is better than any alternative. In the intervening period, that system has worked for the Special Immigration Appeals Commission, and worked reasonably well. The senior judges who preside at these proceedings, in SIAC, have shown themselves to be robustly independent. Of 37 substantive cases before SIAC since 2007, the tribunal—a senior judge with colleagues—has found against the Government in at least seven. The procedures in the Bill build on the 15 years’ experience of SIAC.
Secondly, I commend my right hon. Friend the Member for Tooting (Sadiq Khan) and his colleagues for the constructive approach that they have adopted towards the Bill. I spent 18 years on the Opposition Benches between 1979 and 1997 and then witnessed the Conservative Opposition during their 13 years on these Benches. The temptations on Oppositions to oppose in a destructive way are considerable, and so too are the pressures from outside on them to operate in that way. We in my party succumbed to those pressures too often in 1980s, and, I am afraid, so did the Conservative party on many occasions, including on Bills like this, during part of its 13 years in opposition.
By contrast, my right hon. Friend and his colleagues, from the outset of the publication of the Green Paper—I well remember his response to that a year and a half ago—have accepted, as he said in his opening remarks, that there may be circumstances in which closed material procedures have to be applied in civil cases, but argued that there should be greater safeguards in the Bill and, crucially, that the court, not the Secretary of State, should decide whether a CMP should operate in any particular case. As a result, the Bill has been significantly improved, and my right hon. Friend and his team can rightly claim considerable credit for that.
Let me turn to the key amendments 30 and 31 and the amendments to which they are linked. The amendments seek to reword clause 6(6) and to add a third condition. Thus the Government propose,
“The second condition is that it is the interests of fair and effective administration of justice”
to use a CMP, while the Opposition instead propose that the second condition should be a relative one—that
“the degree of harm to the interests of national security if the material is disclosed would be likely to outweigh the public interest in the fair and open administration of justice.”
They also propose to add:
“The third condition is that a fair determination of the proceedings is not possible by any other means.”
As the Minister said, this is colloquially called the Wiley balance test. However, when I looked at the definition of the Wiley test I noted that the Joint Committee on Human Rights has turned it into something else. It is a test, but it should not be adorned with the phrase, “the Wiley test”, because it goes considerably further. I do not dispute anybody’s motives in dealing with this incredibly difficult issue. However, shifting the test, even if it were the accurate Wiley test in respect of PIIs, to CMPs has the defect of arguing by analogy. It is appropriate in PII cases but not in this regard.
We have had a great deal of elucidation. I commend—but do not, with respect, agree with—what the hon. Member for Chichester (Mr Tyrie) said about the uses of PIIs. I also accept the comments of the right hon. Member for Haltemprice and Howden (Mr Davis). During the nine years for which I was responsible for the various agencies, I quite frequently had to make applications to a court for a PII. Even in respect of marginal evidence, PIIs are hugely time-consuming. It is not like dealing with a letter to a Member of Parliament on an issue that one knows backwards where one can virtually top and tail it in one’s sleep. One has to read every single piece of evidence that one is certifying ought to be—in one’s own view, although it is a matter for the court—excluded on grounds of national security, or whatever the grounds may be. I accept the burden of what the right hon. Member for Haltemprice and Howden and the hon. Member for Chichester said. Yes, it is true—this was brought out by the court’s judgment in al-Rawi—that when the court receives an application for PII it is able not only to accept or reject it but to take a middle way—a third way, as it were—of gisting, confidentiality rings, and so on.
However, the profound difference in this regard is that ultimately, if the respondent party, which in civil cases is inevitably the Government—it is completely different in criminal cases, but this is not about criminal cases—do not like the decision that the court has come to, they have to decide not to contest the case at all. That is why there is a lacuna in the current arrangements, and that is the mother and father of this Bill. That does not apply in respect of CMPs, where the Government will not be able to use PIIs to exclude evidence as they can now, because the judge will say, “Hang on a second. Why are you applying to exclude evidence which is absolutely central to the case? You need to put it in, and I will decide, thank you very much, whether it should be kept completely secret or there ought to be some kind of gisting or summary of that evidence.” The right that accords to the state in respect of PII does not accord to it in respect of CMPs.
Mr Ellwood
The right hon. Gentleman said that he is still here, and I think that the House very much appreciates that given what he is offering to the debate with his experience. Does he agree that, as my hon. Friend the Member for New Forest East (Dr Lewis) said, PIIs offer an opportunity for judges to redact information that could otherwise be used in the processes proposed for CMPs, or for that argument to be put forward?
Mr Straw
Of course. Those of us with experience of SIAC will know that it too could be seen as a parody of a secret court. In SIAC cases, the chairman of the tribunal, who will be an experienced senior judge, issues a closed judgment with all the argument in it and a redacted judgment with a very great deal of evidence in it. The idea that it is—fortunately nobody in the Chamber has used the term, “a parody”—a secret court worthy of Kafka’s “The Trial” is, frankly, utter nonsense.
Richard Fuller (Bedford) (Con)
It is helpful for those of us who are amateurs with regard to these issues to benefit from the right hon. Gentleman’s judgment. He has referred a couple of times to the administration of SIAC. My understanding of and opposition to CMPs results from the case of a constituent who was subject to the restrictions of SIAC. His understanding of, and the way in which he was treated by, the criminal justice system and the impact of that form of justice on his physical and mental well-being are some of the reasons why I am emboldened to oppose the Government’s measures. Now that the right hon. Gentleman is no longer in office, has he had the opportunity to meet people who have been subject to CMPs in order to understand the implications that SIAC has had for their lives?
Mr Straw
Let us be clear that SIAC does not deal with criminal cases. There is no procedure in our system, north or south of the border—and nor should there ever be—whereby, in any criminal trial, somebody can be tried and lose their liberty without being able to hear all the evidence.
Dr Huppert
I cannot resist the temptation. To amplify the point that was just made by the hon. Member for Bedford (Richard Fuller), does the right hon. Gentleman agree that in SIAC cases, as happened in control order cases, people’s liberty could be significantly curtailed without them knowing the evidence against them?
Mr Straw
Of course I do, and that was going to be my next point. No one is suggesting that SIAC deals with trivial matters. It deals with whether an individual should be deported on national security grounds, while the control order tribunals deal with restrictions of individuals’ liberty.
I have met one individual who was subject to a control order and will tell the hon. Member for Bedford (Richard Fuller) about the circumstances outside the Chamber. The heart of the issue is about protecting our national security. That has been discussed in abstract terms today, but what we are actually debating is how to protect the sources of information on which intelligence depends. These individuals are developed by our intelligence and security agencies and they place themselves at considerable risk. In essence, they provide information to the United Kingdom—as they would to a foreign intelligence agency—that they are not supposed to provide. Sometimes they betray their own Government or country. They are, by definition, giving away confidences and they do so for a variety of motives: some say that they are doing it for the highest of motives, which are that they fundamentally disagree with the system in which they are operating; some do it for the lowest of motives, because they have committed a criminal act and want some form of escape; and some are somewhere in between, in that they have high motives but they also want some money.
In every case, that information would simply dry up if the identity of that individual, or information leading to their identification, was compromised. That is the fundamental dilemma, and there is no way out of it unless we want to abandon our intelligence and security agencies. Let us remind ourselves—this is not scare- mongering; it happens to be true—that, had we abandoned those agencies, scores of serious atrocities would have killed our constituents and many others. If we had explained how we had ended up in such a situation by saying that information had to be provided in its entirety in open court in all circumstances, people would have said, “Thanks very much, but my relative, wife or child has just died.” That is the dilemma and it is not abstract—it is absolutely real.
Mr Straw
I hope that my hon. Friend will allow me to make progress, because I have already used up a lot of time.
This leads me back—I will finish shortly—to the reason why, with great regret, I cannot support the endeavours of my hon. Friends on the Front Bench to set a relative test that
“the degree of harm to the interests of national security if the material is disclosed would be likely to outweigh the public interest in the fair and open administration of justice.”
That could lead, inadvertently and unintentionally, to a situation in which a judge might decide that the identity of an agent or other crucial information about the work of our intelligence agencies needed to be disclosed in the interests of open justice. We have to accept that the justice under discussion is, by definition, not open. It cannot be—we cannot have it both ways. There is no dubiety about that. I understand why the test has been proposed, but it does not work.
Finally, many Members have reputations as liberals, including the Minister without Portfolio, the hon. Member for Chichester and many on the Liberal Benches. I have never sought that reputation, and nor has it been offered to me, but Lord Woolf, the former Lord Chief Justice, is someone of impeccable liberal credentials—he even lives in Barnes. He wrote in a letter to The Times that the Bill as drafted
“now ensures that we will retain our standards of general justice, while also putting an end to the blindfolding of judges in this small number of cases.”
To be frank, if it is good enough for the liberal Lord Woolf, it ought to be good enough for this House.
Dr Huppert
I dare say that it would. We will have to see what happens.
To return to the principle, I talked earlier to the right hon. Member for Blackburn about the range of civil proceedings into which the previous Government introduced close material proceedings. I find many of those far more objectionable than civil cases. I do not like the introduction of closed material proceedings into civil cases and find the principle very difficult. However, I find it worse when people’s liberty is at risk. That is the case with control orders, terrorism prevention and investigation measures, and SIAC.
I know something of the case referred to by the hon. Member for Bedford (Richard Fuller) because we have discussed it in the past. The gentleman referred to has had his liberty seriously infringed. It is not a simple question of whether he is allowed to stay in the country or not. He has been detained for a considerable time now, given that it is two years since we last spoke about the case in great detail, based on evidence that he does not have the chance to see. That strikes me as deeply alarming. I am sure that the whole House would hold the position that criminal sanctions should not be allowed. We are edging very close to that if we are detaining somebody for years.
Mr Straw
None of us likes the idea of closed proceedings or proceedings in which the evidence is kept from one of the parties. However, on the assumption that the court has decided that the evidence cannot be made available in open court because another individual, perhaps an informant or an agent, could be killed—I am not joking—what is the hon. Gentleman’s answer to this dilemma? Is it to leave the person at liberty or to do what used to happen in the past, which was that the Home Secretary would make such decisions without any proceedings? What is his alternative?
Dr Huppert
I think that it is the same as the right hon. Gentleman’s alternative would be in a criminal case for which the evidence needed to convict somebody could not be gathered. If one cannot gain that evidence, one cannot proceed. It is important that that applies when people are being deprived of their liberty. I made the same argument when we were getting rid of control orders. One must try to provide the evidence that is needed to convict people. Failing that, I do not like the idea that people are simply held for many years, with very little freedom. I believe that control orders had 23-hour curfews. That is an extreme infringement of liberty. I know that we are not discussing criminal issues principally, but there are many cases in the criminal system in which the police are sure that somebody is guilty, but they cannot find evidence that may be used in court. None of us would want to see such cases proceed and the same should apply to any other serious deprivation of liberty.
I look forward to the votes. It is not clear to me exactly which matters we will have the opportunity to vote on. I will stand by all the votes that I cast in Committee, where we came very close to changing the Bill, but never quite close enough. I think that we won one vote on a new clause being read a Second time, but the decision was reversed immediately afterwards by the Chairman’s casting vote. I hope that we will change the provisions either so that we do not have these proceedings, which would be my ideal, or we at least move them closer to the proposals of the JCHR. I accept that we should not keep every word of what the Joint Committee suggested and that tweaks could be made. I hope that the Minister will consider that at the point at which he confirms the position on habeas corpus and my other questions.
Paul Goggins
The purpose of tabling amendment 70 —again, I am grateful for the support of hon. Members—was not that I thought I would win the day. Clearly, the Minister is not going to support it. I tabled the amendment to encourage him, the Under-Secretary of State for the Home Department, the hon. Member for Old Bexley and Sidcup (James Brokenshire) who is sitting next to him and anybody else who is listening. This issue will come back and either his Government or preferably a Government that I support, will have to deal with it.