Protection of Freedoms Bill

Debate between Jack Straw and David T C Davies

Tuesday 1st March 2011 Commons Chamber

[Mr Straw]

I am glad that the hon. Gentleman endorses that view.

I am sorry that the Home Secretary has left the Chamber, although I understand the pressures on her. She made some extraordinarily hyperbolic remarks, and described the situation under the previous Government as the creeping intrusion of the state and a slow march to authoritarianism. As my right hon. Friend the shadow Home Secretary has accepted, the previous Government got some things wrong, and, in the light of experience, some things turned out not as intended. I will deal with those later, but on our record of balancing necessary security with the expansion of freedoms, I and the Labour party defer to no one.

Labour was the party that introduced the Human Rights Act 1998. I remind the Conservatives that they voted against it on Second Reading. I am glad that, following amendments to the Bill, which I sought to make to build the kind of consensus of which my right hon. Friend the shadow Home Secretary spoke today, the then Conservative Opposition supported it on Third Reading. The then shadow Attorney-General, the late Nicholas Lyell, said from the Opposition Dispatch Box that he wished the Bill well.

I also remind the hon. Member for Stone (Mr Cash) that the 1998 Act is about bringing British rights home, so that they can be adjudicated on by British courts. The Act does not create a sovereign Supreme Court. As my right hon. Friend pointed out, under section 4, even if the British Supreme Court declares that legislation made by this House is incompatible with the incorporated European convention on human rights articles—that happens rarely, and not in the cases of DNA or votes for prisoners—the legislation is not unenforceable: it stays in force unless and until this House decides otherwise.

The Labour Government introduced the Human Rights Act 1998, the title of which was never disputed, because it was indeed about human rights—we could have called it the “Human Rights and Freedom Act”. We also introduced the Freedom of Information Act. I am proud that I was the Home Secretary who produced those measures and a number of others. The previous Conservative Government opposed the freedom of information legislation at every stage for 18 years. They wanted only a non-statutory, unenforceable code. That is all they would have introduced.

[David T. C. Davies]

I wonder what the right hon. Gentleman made of the claim in Tony Blair’s book that one of the two worst things he did was to pass the Freedom of Information Act—the other one being to pass the Hunting Act 2004.

[Mr Straw]

I will pass lightly over the Hunting Act, if I may. I do not happen to agree with Tony Blair on that point. Although freedom of information requests can be irritating, especially if one is in government, I did not change how I operated as a Minister. It did not mean that I ceased to record my decisions or comments on submissions. As was brought out by the Dacre report, whichever party is in power there is a case for the proper protection of Cabinet discussions and collective responsibility—that issue might need to be reconsidered, because it has not worked out as intended—but I am in no doubt that overall the Freedom of Information Act has been a force for good.

In addition to those two Acts, we passed the Data Protection Act 1998. There had been no provision to protect people’s personal data before I introduced that Act in 1998. We also introduced extraordinarily important freedoms and protections for people who do not happen to have white skin, including in the Race Relations (Amendment) Act 2000 following the Lawrence inquiry.

I am sorry that the Home Secretary is not here, but while we are on the subject of freedoms, I would draw to the House’s attention the extraordinary difficulty that we had in providing freedoms for gay men and women by reducing the age of consent—equalising it at 16. The first attempt, which was an amendment to the Crime and Disorder Act 1998, was defeated in the Lords so strongly that we lost the whole Bill. I then had to introduce a further Bill containing simply a reduction in the age of consent to 16. That, too, was defeated in the Lords, and it was not until we used the Parliament Act that it got through, against vehement Conservative opposition, including from some in this Chamber—to the shame of the Conservative party—and a huge amount in the other place. So let us hear no more nonsense from the Conservative party or the Liberal Democrats suggesting that we in the Labour party failed to balance liberty and order effectively and properly. Yes, we introduced a number of measures on the other side of that equation, but most of those—as far as I can recall, all of them during my period—were actively supported by the Conservative party in opposition.

Constitution and Home Affairs

Debate between Jack Straw and David T C Davies

Monday 7th June 2010 Commons Chamber

[Mr Straw]

My hon. Friend the Member for Bolsover (Mr Skinner) says that there were no guillotines, as they were programme motions—but they come to the same thing.

Let me say to the hon. Member for Peterborough (Mr Jackson) that I regret the use of guillotines full stop, but sometimes they are necessary. However, I sat in the House in opposition for 18 years, and the first Bill I sat on—the Housing Bill, in early 1980, 30 years ago—was the subject of the most ruthless guillotining, and that on a major measure. There are plenty of other measures of profound importance that were also the subject of guillotining.

My view, both in government and in opposition, has been that the House—certainly over the 30 years in which I have been in it—has not got right the way in which it should deal effectively with legislation on the Floor of the House, and I think that there is a better way. We need to provide for more time, but if we do that, the quid pro quo needs to be limits on speeches, so that people can constructively take part. We also need to look at something that I facilitated on at least one occasion, which is ensuring that when the business is subject to programming or guillotining, some Opposition and Back-Bench amendments can also be the subject of votes. I put those proposals before the House for consideration.

I have set out our view on many of the proposals that are, and will be, the subject of a broad consensus. As I have said, on every proposal that the Deputy Prime Minister brings forward, we shall seek constructively to work with the Government to achieve consensus. However, it seems that consensus was the last thing on the mind of the governing parties, when one turns to some of the elements of the coalition agreement. In his first speech as Deputy Prime Minister, outside the House, the right hon. Gentleman told the nation that he proposed to secure the biggest shake-up of our democracy since the Reform Act of 1832. He described the Reform Act of 1832 as a “landmark”, from

“politicians who refused to sit back and do nothing while huge swathes of the population remained helpless against vested interests. Who stood up for the freedom of the many”—

we have heard that phrase before—

“not the privilege of the few.”

Well, not quite, Mr Speaker, for the truth is that even after the passage of the Great Reform Act of 1832, huge swathes of the population—92% of the population—remained without a vote, helpless in the face of vested interests. The Reform Act of 1832 gave the vote, a limited franchise, to the property-owning class, of whom there were remarkably few, and deliberately ensured that nobody else had the vote—no women, no working men; just 16% of men, and no women whatever.

Let me also say to the right hon. Gentleman that had the Great Reform Act been the landmark in democracy that he suggested—I do not know where he got that from; certainly not even from Wikipedia—none of the agitation of the Chartist movement that followed would have been necessary. Those of us who know a little bit of history will remember that it was the wholly dashed expectations of 1832 that fired up the great Chartist movement. However, the comparison with 1832, if not appropriate, is certainly heavy with unintended irony, for, however limited the effect, the first Reform Act at least extended the franchise. The programme to which the right hon. Gentleman has signed up will reduce the franchise, as I will explain. Some reform!

[David T. C. Davies (Monmouth) (Con)]

The former Minister is making an interesting speech about equality, but will he confirm that it was actually a Conservative Government, in 1927, who gave full equality to women and the right for them to vote, and that they did so after a Labour Government, under Ramsay MacDonald, had failed in their promise to do so?

[Mr Straw]

First, that was quite a long time after 1832. Secondly, as the hon. Gentleman might recall, the vote was originally given to women over 30 in 1918, and then extended to those over 21 in 1928.

Let me come to the partisan heart of the Government’s constitutional proposals: the plans to cut parliamentary seats, redraw boundaries and speed up individual registration. If those proposals were implemented, they would disfranchise hundreds of thousands, if not millions, of our citizens, predominantly the young and members of lower-income groups. Seats would be cut and boundaries fundamentally altered by rigid mathematical formulae devised on the basis of the current electoral register.

According to the Electoral Commission, however, some 3.5 million eligible voters are missing from the register, and that is just in England and Wales. Earlier this year, the commission reported

“under-registration is concentrated among specific social groups, with the registration rates being especially low among young people, private renters and those who have recently moved home. The highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation.”

The commission’s study established that in Glasgow 100,000 eligible voters might be missing from the register, quite sufficient to raise all Glasgow seats to the electoral average for Great Britain and to provide for one additional constituency.

Cutting seats and redrawing boundaries in that way, without taking account of the missing voters, will produce a profoundly distorted electoral map of Britain. The map will be even further distorted if this boundary review is undertaken, as the Government have proposed, in tandem with the premature roll-out of individual voter registration, because that process will knock many more eligible people off the register—hundreds of thousands of them.

We are in favour of individual registration. Indeed, it was I who, last year, presented proposals for a new law, which received all-party agreement. But as all the parties agreed just nine months ago, to be fair the process will take both time and money.