(5 days, 17 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Several hon. Members rose—
Order. I thank the hon. Gentleman very much for opening the debate. I remind all Back-Bench Members that they should bob if they wish to be called. Members can see the level of interest in the debate; if everyone can keep themselves to five minutes or less, we will get all Back Benchers in to speak.
The situation in Gaza is beyond appalling in every way we can think of. I congratulate the hon. Member for Stroud (Dr Opher) on securing the debate, and also the wonderful Palestinian activists in his constituency, who do a fantastic job in drawing attention to all this.
We must have some sense of urgency. We have a continuation of the occupation. Israel is now using thermal weapons, which have killed over 2,000 people since last year. Those weapons basically vaporise the body, which is barbaric by any stretch of the imagination. Temperatures can reach as high as 3,500°C, which is the temperature achieved when a nuclear explosion takes place. If we look at the silhouettes of the bodies vaporised on the streets of Hiroshima, that is what the people of Gaza are now having to tolerate. That is disgusting at any level.
We have the continued occupation of Gaza by Israel. Then we have the so-called Trump peace plan—that is such a disgusting misuse of language it is unbelievable—which is actually a military reoccupation of Gaza. A very large military base is now being built in the north of the Gaza strip, presumably to assist the expulsion of many Palestinian people from Gaza and the construction of hotels, casinos and all the rest of it, which is what the dream of that wretched peace plan is. Can we not ask our British Government to do something serious and say that we totally condemn the Trump plan and the reoccupation of Gaza?
Order. I apologise for interrupting the right hon. Gentleman, but he knows that the terms of this debate are fairly confined to healthcare. He is perfectly entitled to set out the context, but I know that he will want to shortly come on to discuss healthcare specifically.
Thank you, Sir Jeremy.
I ask the British Government whether they will kindly do everything they can to allow MSF and all the others to continue working in Gaza, to respect the work of health workers and those assassinated by the Israeli occupation? Unless we look at the wider context, it is impossible to get a solution. That requires political action by the British Government to enable health workers to carry out their work.
As colleagues have pointed out, the consequences of the health disaster that is Gaza at the moment are large numbers of deaths, orphaned children and mothers dying in childbirth because of the lack of equipment. As the hon. Member for Stroud pointed out, it would be perfectly possible to get emergency medical equipment—operating theatres and so on—in very quickly. The world has beyond the capacity to deal with every health problem in Gaza. Why is it not being done? Because Israel will not allow it to happen and will not allow equipment to go in. Unless we are utterly determined as a country and a Government to get that medical equipment into Gaza, the situation will simply continue to get worse. We will be wringing our hands here in six months’ time, in a year’s time and so on—as many of us have been for many years—about the treatment of the Palestinian people.
The long-term consequences will not disappear. Communicable diseases will get worse, the sewerage system will get worse and the mental health trauma for future generations will not go away. I remember talking to Dr Mona El-Farra on the day after the 2006 election in Gaza, at which I was an observer. I went to her apartment in Gaza City and I said, “Mona, what’s the mental health situation for people in Gaza?” She said, “Jeremy, by my estimate 70% of the population are now suffering severe and profound mental health trauma.” That was 20 years ago, at a point at which there was some degree of hope for the future. There was some degree of optimism at that time. Now, there is no hope. There is no optimism. We are talking about the entirety of the population suffering from mental health trauma. That will carry on intergenerationally—and we are supplying weapons, which has allowed some of that to happen.
I simply say to the Government, “Do everything you can to demand access for healthcare workers, everything you can to get the equipment in there, and everything you can to end the occupation of Gaza and allow the people of Palestine to decide their own future in their own land, and decide what society they want to create there. It is not up to us to recolonise it; it is up to us to help them to liberate their own lives.”
Several hon. Members rose—
Order. We will need to move on to Front-Bench contributions at about 10.28 am. We have two speakers left, so if they keep to under four minutes, we can get them both in.
It is a privilege to serve under your chairship, Sir Jeremy. I congratulate my hon. Friend the Member for Stroud (Dr Opher) on securing this debate and on his expertise in the area.
The Israeli Government carry out these crimes against humanity because they can, and no one stops them. For nearly two years, Gaza’s healthcare system has been systematically dismantled during Israel’s military campaign. The World Health Organisation reports that there were 735 attacks on healthcare in Gaza from 7 October 2023 to 11 June last year. In 2024, the UN commission of inquiry concluded:
“Israel has implemented a concerted policy to destroy the health-care system of Gaza.”
The special rapporteur Francesca Albanese has stated that the targeted destruction of Gaza’s healthcare system by the IDF amounts to “medicide”, part of
“the intentional creation of conditions calculated to destroy Palestinians in Gaza which constitutes an act of genocide.”
One image stays with me: a hospital tent, a patient on a drip, flames climbing the IV line, a man too sick to run. That is what the destruction of a health system looks like. Amid this horror, there have been many extraordinary acts of courage from very many British medics, including Middlesbrough doctor Mohammed Mustafa and Professor Ghassan Abu-Sittah. They have stitched, they have amputated, they have delivered babies and they have kept children alive in wards without power and under bombardment.
Even under the so-called ceasefire, Israel restricts healthcare. Dual-use restrictions block medical equipment, including imaging machines, prosthetic materials and surveillance tablets. More than 6,000 amputees await limbs. Only a few hundred prostheses have been allowed in. Stocks will run out. Israel has moved to deregister more than 35 international NGOs, including those funded by the British public. Those organisations deliver one in three births in Gaza and hundreds of thousands of consultations. They are being forced to hand over staff data or be shut down. Medical evacuations remain desperately limited. The WHO lists 18,000 people as in urgent need of care outside Gaza.
The deliberate targeting of healthcare, the obstruction of aid and the killing and detention of medical personnel raise serious questions under international humanitarian law and the Geneva convention. A ceasefire must mean a ceasefire. Israel must uphold the ceasefire, lift its blockade on medical aid, end registration rules, allow safe passage for patients, permit the reconstruction of hospitals and release detained healthcare workers. The UK Government must do more than issue statements. They must interrogate Israel’s actions and intent, and enforce consequences. We are seeing scenes where the dogs are healthy in Gaza and the people are starving. We must ask ourselves how it is that the dogs are so healthy. Where are they getting their nutrition? I will leave people to make up their own mind.
I ask the Minister these questions. Have the Government assessed whether UK-supplied arms, including F-35s, were used in strikes on healthcare facilities? Will they publish their assessment? Will he state without equivocation that the destruction of hospitals in Gaza is a breach of international humanitarian law and is in direct contravention of the genocide convention? What diplomatic or economic sanctions has the UK imposed in response to Israel blocking 18,000 patients? What consequences will Israel face for deregistering aid agencies? How is the UK implicated through the Civil-Military Co-ordination Centre?
Given that the UK sanctioned over 1,500 individuals after Russia’s invasion of Ukraine, the glaring double standards are beyond reprehensible. The UK’s diplomatic statements have not shifted the Israeli Government’s policy one iota. We must use leverage, trade measures, arms controls and sanctions—concrete consequences for grave breaches of international law. Healthcare is protected in war. That is not optional; it is the law.
The UK has not done anywhere near enough to exert pressure on Israel. If the same ineffective stance is maintained, the UK risks facing charges of complicity. We have more than diplomacy in our locker. It is absolutely criminal that the UK is not using the levers available. We have legal, moral and historical obligations and responsibilities to the Palestinians, who this country has betrayed for over 100 years, from the Balfour declaration to the present day, and the genocide continues. In the name of God, I ask the Minister—I urge him and this Government—to do the right thing and act, before the Palestinian people are completely wiped from the map.
I can give the hon. Member for Blackpool North and Fleetwood (Lorraine Beavers) three minutes to speak.
Lorraine Beavers (Blackpool North and Fleetwood) (Lab)
Thank you, Sir Jeremy. It is an honour to serve under your chairship.
Today’s debate concerns healthcare in Gaza, but the truth is this: there is almost no healthcare left. Hospitals have been bombed. Doctors and nurses have been killed. Children are having limbs amputated without proper pain relief. Babies are being born in tents, into hunger and into fear. There is not a functioning healthcare system; it has collapsed, and it is children who are paying the highest price. Thousands of children have been killed. Many more have been injured. Gaza now has an entire generation of children living with life-changing disabilities. Imagine being a child who survives a bomb, loses a leg and then cannot get a wheelchair or even basic medicine. Imagine being a parent who knows that their child needs treatment, but cannot get them out.
A Palestinian child died on Sunday. Nidal had been granted medical referral documents 14 months ago, but he died waiting for Israel to grant him permission to leave Gaza. More children will die waiting if we do not fight. Children are sleeping on the bare ground in the cold. They are drinking dirty water. They are dying from illnesses that we know how to treat. Almost every child is now carrying deep psychological trauma from what they have seen and lost.
The view of many experts is that we are witnessing a genocide. We have a moral duty to do everything in our power to put an end to this horror, because it is not inevitable, but aid is being blocked. Israel has revoked the licences of 37 international NGOs. That is outrageous. Without doubt, it will add to the suffering, the trauma and the deaths of more Palestinian children. Medical supplies are still not getting in at the scale needed. Humanitarian organisations are still being prevented from doing their work.
This country cannot fix everything, but we are not powerless. We are not doing enough. We must push for crossings to be fully opened, so that medicine, fuel and food can get in. We must fund medical equipment, rehabilitation and mental healthcare for children whose lives have been shattered. We must stand up for humanitarian agencies so that they can operate freely and safely. We must make it clear that hospitals and healthcare workers must never be the targets.
This debate is not about politics. It is about whether a child who survives a bomb is then allowed to live. Right now, too many children are not. We owe them more than our sympathy. We owe them action.
I thank the hon. Lady very much for her co-operation and self-restraint; I extend the same thanks to all colleagues who have spoken. We will now move on to the Front-Bench speeches, beginning with the Liberal Democrat spokesperson.
On a point of order, Sir Jeremy. The subject of the debate is medical healthcare in Gaza, but the shadow Minister is not referring to that at all, apart from a tenuous “relating to healthcare” statement. Can you give some clarity, Sir Jeremy, on whether his speech is on point?
I am grateful to the hon. Lady for her point of order. As she knows, because she heard me intervene in the debate earlier, I have been listening carefully to ensure that speakers keep to the subject of healthcare. As she also heard me say to the right hon. Member for Islington North (Jeremy Corbyn), it is perfectly in order for speakers to talk about the context to a degree. I have been listening carefully to the shadow Minister; if what he had said had been out of order, I would have told him so.
I will take the opportunity while I am on my feet to say that the hon. Lady and all Members know that this has been a serious and passionate debate throughout. I hope that Members will respect the fact that passionate contributions from both sides of the argument are perfectly rational and in order, and should be heard with the same respect that all other contributions have been heard with.
Mr Snowden
I thank you, Sir Jeremy, and I thank the hon. Lady for the point of order and continued interventions.
Have the Government had any discussions with the United States about the consequences for Hamas if they do not engage constructively with phase 2 of the ceasefire process?
We also want the UK to be engaged in expanding the Abraham accords. Saudi normalisation with Israel remains, in our view, the single most consequential diplomatic prize in the region, and potentially the most realistic path to a durable peace. We are enthusiastic supporters of that route, but we are considerably less convinced that the Labour Government share that enthusiasm or are working with the urgency the moment demands.
The people of Gaza are suffering. That suffering is real and severe, and demands a response commensurate with its scale. The fighting war may have ceased temporarily, but the people of Gaza are still living with the jackboot of Hamas holding back any hope of prosperity or rebuilding the healthcare system. The Opposition have consistently called for more aid, including healthcare aid, to flow into Gaza, for it to be delivered safely and exclusively to innocent civilians, and for a sustainable end to the terrible conflict that guarantees security for both Israel and the Palestinian people.
(1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Several hon. Members rose—
Order. I thank the hon. Gentleman for opening the debate, and remind all Back-Bench colleagues that you should continue to bob, please, if you wish to speak. Given the level of interest, if everyone can confine themselves to about five minutes each, we should get everybody in.
Several hon. Members rose—
Order. As hon. Members will see, we have four speakers remaining. I want to start the Front-Bench speeches at about 2.28 pm, so that probably means that Members have about four and a half minutes each, I am afraid.
(8 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
We will start a minute or so early because, as everyone will appreciate, there are a lot of potential speakers and I want to give everyone maximum opportunity to get in. To ensure that no one is disadvantaged by our starting early, let me make it clear that I will also call those who arrive from 3.10 pm onwards.
Several hon. Members rose—
Order. I remind Members that if they wish to speak they should continue to bob so I can see that they do. If we are going to get everybody in, people will need to restrict themselves to about three minutes, but I am loath to impose a formal time limit. I call Sir John Whittingdale.
I am grateful to the right hon. Gentleman for not mentioning the thing he has just mentioned. [Laughter.]
Irene Campbell (North Ayrshire and Arran) (Lab)
It is a pleasure to serve under your chairmanship, Sir Jeremy. I thank my hon. Friend the Member for Bury St Edmunds and Stowmarket (Peter Prinsley) for securing this debate and for his excellent speech.
Many of the points I was going to make have been raised, so I will keep this brief. It is great to have this debate and reflect on the importance of the BBC World Service and its value overseas as well as in the UK. The BBC is one of the most trusted brand names across the mass audience.
I used to work in the Foreign Office—I will say many years ago—which gave me a real appreciation of the value of the BBC World Service. As we have just heard, the World Service is mostly funded by the licence fee, but the remainder is funded by the Foreign, Commonwealth and Development Office. Funding the continuation of this service is vital. BBC News, mostly through the World Service, reaches an audience of more than 400 million every week across the world in 43 different languages. It is not surprising that the BBC is the most widely recognised British cultural export and brand.
Recently the BBC started broadcasting on medium wave in Russia, which is a crucial opportunity for Russian people to receive impartial news from outside the country, given Russia’s clampdown on media freedom, both in country and worldwide. By funding the World Service, we continue to have strong cultural soft power across the globe through promoting democracy and neutrality in broadcasting. It is important that we protect the BBC World Service in this current climate of vast disinformation and polarisation in the media. I look forward to the Minister’s response.
I thank the hon. Lady and all those who have contributed for their self-discipline and collaboration, which has enabled us to make it through with everyone speaking. I now come to the Front-Bench speeches.
Peter Prinsley
I thank all hon. Members who have come here this afternoon for what I think has been a very interesting debate. It strikes me that there is more or less universal support for what is, I hope, a universal service. I was pleased that there was an increase of £32 million in the grant this year; I do not know whether that has anything to do with an interaction I had with the Chief Secretary to the Treasury at the Labour party conference.
I went to an event put on by the BBC and listened to Katya Adler and some of the journalists there, and I was very moved by it, so I stood and asked a question about the £100 million cost of an F-35 jet, which seemed to me to be the same as the funding given by the Foreign Office to the BBC. I stood up and asked, “Do you think that we’d be better off with one more F-35, or should we just look after the BBC?”
The Chief Secretary to the Treasury and I were in a coffee queue about an hour later, and he asked me whether I was enjoying the conference. I said, “Well, I was.” I explained about what happened, and he said, “Oh, dear. This conference is working very well, because you’ve just been to the BBC and they’ve just told you their story. Now, you’ve just told me that, and now I shall have to give them some more money.” I am hoping that Parliament continues to work in that way, but I agree that we need to have a long-term funding solution for what is one of our most precious resources. I thank everyone very much for coming this afternoon.
I am grateful to the hon. Gentleman. We have finished early, so now everyone can get into more coffee queues with Ministers.
Question put and agreed to.
Resolved,
That this House has considered the funding of the BBC World Service.
(8 months, 3 weeks ago)
Commons Chamber
Mr Falconer
I regret to inform the House that there is a fundamental disagreement between the British and Israeli Governments about the nature of aid that needs to get into Gaza. We have spoken to them, and we have been clear that the United Nations is ready with a system that works and that is able to deliver aid at the scale required to try to address some of the horrific desperation that we see. The Israeli Government are clearly committed to the Gaza Humanitarian Foundation, with all of the problems that we have seen over the last three days.
The policy of successive UK Governments has been that the United Kingdom will recognise the state of Palestine when it is conducive to the peace process and the ultimate realisation of the two-state solution. Up to this point, I have accepted the argument that the Minister and his predecessors have made that that moment has not yet come. But has not the balance shifted decisively with a succession of moves to greater territorial change in the west bank by increased settlement activity and by increasingly blunt and frequent statements from members of the Israeli Government that they are going to restrict Palestinians to a sub-set of Gaza or restrict them from Gaza all together? That is what has changed my mind such that I now believe that it is necessary for the UK, hopefully in conjunction with others, to recognise the state of Palestine urgently. Why has it not yet changed the Government’s mind?
Mr Falconer
The right hon. and learned Member makes a very powerful point. One reason that the traditional positions of UK Government and many other Governments across the world has been that the recognition of a Palestinian state should come at the end or during a two-state solution process was the hope that we would move towards a two-state solution. Many minds have been changed, like the right hon. and learned Gentleman’s, because of the rhetoric of the Israeli Government—the clear statements by so many that they are no longer committed to a two-state solution. We see in the press many representatives of the Israeli Government criticising others for considering their position in relation to a Palestinian state. Exactly as the right hon. and learned Member says, it is the action of this Israeli Government that has made so many, including ourselves, review their position on these matters.
(9 months, 1 week ago)
Commons ChamberIn view of the number of hon. Members who wish to speak in the debate, I will restrict my remarks to amendments 47, 48 and 49, which stand in my name and the names of others. The amendments focus on the stage in the process that involves the multidisciplinary panel established by clause 14, and their purpose is to make that system work better.
A panel is intended to be an additional safeguard. The hon. Member for Spen Valley (Kim Leadbeater) has made that very clear, and such panels are the successor to the involvement of a High Court judge assessing the merits of each case. The role of the panel is to determine whether it is satisfied of the matters set out in clause 15(2). Some of those matters are procedural—for example, whether the person seeking the certificate is aged over 18 or is resident in the UK, or whether declarations and assessments that should be made have been made. Others are matters of judgment, including professional judgment, such as whether an illness is terminal or whether the person applying for a certificate of eligibility has the mental capacity to do so.
The remaining category of matters to be considered are matters of broader judgment, and I suspect those are likely to be where the panel focuses most of its attention, particularly the final two listed in clause 15(2): first, whether
“the person has a clear, settled and informed wish to end their own life”
and, secondly, that there is no coercion or pressure from anyone else. On those matters, the panel will hear from the relevant doctors, who will have had to make a judgment on those things, but I do not think that the intent of the Bill is or should be that the panel simply confirms that the doctor has reached a judgment and then adopts that judgment. The panel should, of course, reach its own judgment. It is right that the panel will also hear from the person wishing to die and will make its assessment of them.
Particularly on the last matter—the absence of coercion or pressure—it may well be that highly relevant evidence will come from others. It may come from family, friends or others who know the person well, and we are familiar with a least one scenario where a new partner isolated the person in question before they suddenly and unexpectedly changed their view on their own assisted death.
The problem is that under the Bill as it stands it is very difficult, and perhaps impossible, for those who know the person seeking a certificate well to know that those proceedings are under way or in prospect. They may not know, and nobody has to tell them, that the person has made the relevant declarations, or even that they have an intention to die, or indeed that there is any reason to submit any evidence they may have.
I am not saying that every case in which someone has not told their family and friends of their decision to seek an assisted death will be concerning, but I think it is fair to say that a disproportionate number of the concerning cases will be in that category. In those cases, the panel may be making a judgment in the absence of relevant—perhaps crucial—evidence and they simply cannot do their job properly if that is so.
Catherine Atkinson (Derby North) (Lab)
Is the right hon. and learned Member as concerned as I am that the panel does not even need to consider looking at evidence from family, friends, or those caring for or treating the person? Is he also concerned that although the panel might be required to hear from the person, that will only be in exceptional circumstances and there will be no requirement to ask any questions at all?
I understand the hon. Lady’s point and I have seen her amendments on the subject, which are very sensible. We need to think about the way in which the panel process will actually unfold. If we believe that this is an important safeguard, as, I think, is a common view, we need to do everything we can to make sure that it is an effective one. Like the hon. Lady’s amendments, my amendment 47 seeks to remedy the problem by ensuring that the assisted dying commissioner notifies anyone they think may have relevant evidence to give so that they can give it. That evidence may, of course, not change the panel’s decision, but in some of the most troubling cases it will, and the opportunity for the panel to consider that evidence, when the stakes are so high, must surely be provided for.
I accept that what I am proposing is an infringement of the privacy of the person wishing to die—it is a fetter on their ability to choose to die without informing their family or friends as they may wish—but the Bill is all about balancing the rights of a person to die as they wish with, on the other hand, our duty to protect the vulnerable from abuse. That is exactly why the stages through which a person must go in order to be assisted to die are in this Bill, including obtaining the grant of a certificate from a panel. To be of value, as I say, that must surely add new protections to the other stages.
We were assured that one of the key safeguards in the Bill’s original incarnation was a legal test. That process—had it been retained, of course—would have enabled the collection of evidence in the very way that my right hon. and learned Friend is describing. It is partly because the safeguards have been weakened that we have the dilemma that his amendments seek to deal with.
I understand my right hon. Friend’s point, but I am not sure I entirely agree with him. I think some of the procedural problems I am describing would have existed even with the previous iteration of the Bill, but certainly they are there in its current iteration. At this Report stage, I am seeking to fix the problem that arises from the difficulty for the three qualified individuals who will constitute these panels to express a considered judgment. If we are to have added value in the panel stage of this process, we surely have to enable the panel to make good judgments. Good judgments come from the capacity to assess all the relevant evidence. The Bill, as it stands, makes it very hard for the panel to have access to all that evidence in every case, but perhaps especially in those cases where the additional safeguard is most needed.
Robin Swann (South Antrim) (UUP)
On the right hon. and learned Gentleman’s point about the panel, the Royal College of Psychiatrists said in point 5 of its concerns:
“It is not clear what a psychiatrist’s role on a…panel would be”.
The hon. Gentleman makes a fair point. I think we can expect that the psychiatrist on the panel will subject the requirement on mental capacity, in particular, to some considerable professional scrutiny, but nobody on the panel, whatever their professional competence may be, is capable of doing the job properly if they do not have access to the necessary evidence, so we must make sure they do.
The fact that the panel may sit in public is not a sufficient answer to the problem that I am raising. First, that is because there will be many panels considering many cases, and we cannot expect those who have evidence of coercion, for example, to watch the lists in case the person they know happens to appear in them—when, of course, they have no expectation that they will.
Secondly, the panel will not sit in public in every case. Paragraph 6 of schedule 2 says:
“Panels are to determine referrals in public”.
That is the clear presumption, and it is welcome, but paragraph 6(2) says:
“The chair of a panel may, at the request of the person to whom a referral relates, decide that the panel is to sit in private.”
I can see nothing in the Bill about any grounds on which the panel chair may refuse such a request, so it will occasionally, or perhaps often, be the case that the panel will sit in private, and no one will know what it is doing.
The next issue is the way a panel will go about making the judgments it needs to make, which brings me to amendment 48. As we all know, most judicial and quasi-judicial hearings in this country are conducted on an adversarial basis. That is, by the way, a reference not to the tone of proceedings but to the presentation of both sides of an argument so that the tribunal can reach the right conclusion. That is what our judges and lawyers are used to. That matters here because this quasi-judicial stage in the process of seeking assistance to die is being offered as important reassurance that things will be done safely, but that reassurance cannot be offered if panels are asked to adopt a process for which they are ill-equipped. That is not a criticism of those who will sit on the panels.
I accept that, under the Bill as it stands, a panel may hear from and question any other person beyond the person seeking the certificate and the relevant doctors, but as I have sought to address in amendment 47, as things stand those other persons will in all likelihood not know about the panel’s proceedings and therefore will not come forward of their own initiative with the evidence. The panel would have to go out and find them, and how exactly is it to do that? How does the panel know who may have relevant evidence to give, and with what resources will it seek them out?
The position on what resources will be available more generally for the process under the Bill remains unclear, but the impact assessment suggests that panels will be expected to deal with two cases a day. That suggests that they will spend somewhere between three and four hours on each. That is not much latitude for further investigation.
Amendment 48 proposes that the commissioner should notify a designated authority—the Secretary of State can choose the appropriate one—of an application for a certificate. That authority would then supply to the panel an advocate with the responsibility to raise arguments against the grant of the certificate, which the panel would not otherwise hear. I think that is important, because it would ensure that there was another participant in the panel process who could at least help the panel by prompting consideration of concerns, reservations or grounds for further inquiry before decisions were made.
My amendment 49 is about what happens once a panel has reached its conclusion. Clause 16 provides for a person seeking a certificate to be able to ask for reconsideration of a panel’s refusal to grant one, but of course the Bill currently provides no equivalent right to challenge the decision to someone who believes that a panel should not have granted a certificate. Anyone in that position would need to resort to judicial review, which is complex and expensive.
May I gently suggest to the right hon. and learned Gentleman that he might be bringing his remarks to a close? There are many other Members who wish to contribute this afternoon.
I certainly am, Madam Deputy Speaker. I am doing my best, I hope as briefly as I can, to explain these technical amendments in a hugely important Bill, in a part of the Bill that the promoter has advocated for because she believes it is a safeguard. I think it is important, Madam Deputy Speaker, that we establish whether it is such a safeguard, and if it can be improved, how it can be improved—but I entirely take your strictures on board and I will come as quickly as I can to a conclusion.
This is not an equality of arms point—I accept that these are not opposing parties in the traditional sense—but it is really about the presentation of new evidence. Presumably the advice to someone whose application for a certificate has been refused and who has new evidence to present would be to reapply to the commissioner, but what is someone who has new evidence to challenge the basis for an existing certificate to do? Judicial review is no help. That is about the soundness of the decision already taken, which will be assessed using the evidence already presented to the panel that took the original decision.
I am conscious of the confines of the Minister’s role in the process, but what assessment have the Government made of the capacity of a panel to investigate for itself anything that is not brought before it either by one of the relevant doctors or by the person seeking a certificate? The panel’s capacity to do so is surely important, if any issue that is not raised by either group is relevant to its consideration.
The Government’s position on the relevant clause is that the panel has to be satisfied that the correct steps have been taken, and there is not evidence of the points that the right hon. and learned Gentleman has made. Our view is that the intended effect is already catered for in clause 15.
Amendment 38 would exclude from being provided with assistance a person who is not already terminally ill, as defined under the Bill. The reference to “standard medical treatment” is unclear. This could cause further uncertainty around eligibility, given that treatment could be individually tailored to each patient and their needs.
Amendment 81 would remove the requirement that any references to capacity in the Bill are to be read in accordance with the Mental Capacity Act 2005. That would effectively remove the definition of capacity in the Bill. In the absence of a new definition, the Mental Capacity Act may continue to apply by default. That would, of course, diverge from the familiar concepts in the Mental Capacity Act, which could create confusion for practitioners.
The stated intention of amendment 14 is to exclude a person who would not otherwise meet the definition of “terminally ill” if the person meets that definition solely as a result of voluntarily stopping eating or drinking. Our assessment is that the amendment risks introducing uncertainty over a person’s eligibility for assistance under the Bill. However, the substantive question is a policy choice for Parliament. Recognising the intent of the amendment, we do not believe that it would render the Bill unworkable.
Once again, I thank all hon. Members for their contributions. I hope that these observations have helped them in their consideration of the amendments that have been tabled.
(1 year ago)
Commons ChamberWe are absolutely clear about the fact that national security is our top priority. We need to maintain our security in all parts of the world. We are in very dangerous geopolitical circumstances, as I think all Members recognise, and that is exactly why we are investing in our defence, in our NATO partnership, and in our relationships with the United States, our European counterparts and many others. We will always put the national security of our citizens and our country first.
I have asked the Minister this question before, but if he will forgive me for saying so, his answer could have benefited from additional clarity, so, with your permission, Mr Speaker, I am going to ask it again.
The Minister has made it very clear, as have his fellow Ministers, that the urgency and necessity of action in this instance is based on the imminence of an adverse court judgment against the UK. He knows that the International Court of Justice is not the court that we must be thinking of here, because the United Kingdom is not subject to the compulsory jurisdiction of the ICJ when it concerns disputes involving members or former members of the Commonwealth, so it cannot be an ICJ judgment that the Minister is worried about, can it? If it is not that, what is it?
I have explained on a number of occasions, and the last Government knew the reasons, why it was necessary to proceed with a deal to secure the future operation of the base—that was very clear—and why our allies wanted us to secure it.
Let me give the right hon. and learned Gentleman an example. We currently have unrestricted and sole access to the electromagnetic spectrum, which is used to communicate with satellites and which is guaranteed and governed by the International Telecommunication Union, a United Nations body based in Geneva. If we lose it we can still communicate, but so can others. That is one of many examples. There are a series of aspects that are important to the operations and the security of the base, its maintenance into the future, and its ability to operate unimpeded. I can tell the right hon. and learned Gentleman that all those considerations, and the protections that we have secured, have been part of why we have reached this deal. We would not have agreed a deal that did not secure the unimpeded operation of the base into the future and also left it continually at risk, as it is at present.
(1 year, 2 months ago)
Commons ChamberUrgent 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.
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The Prime Minister of Mauritius has made it very clear in his exchange of letters with the Prime Minister of this country and also in his statement yesterday that they are willing to conclude an agreement with us. That is very clear. Therefore, on the fundamentals, nothing has changed. We are engaged in conversation. It is only natural that, after an election, they would want to do that and to be able to scrutinise the agreement. That is entirely proper. That is why officials have been having these conversations, but I will not give a running commentary on private discussions.
I know the Minister will want to give the House the greatest possible clarity on what has brought us to this point. The Foreign Secretary has been clear that one of the central considerations for the Government was the likelihood, if not the inevitability, of a binding legal judgment against the UK in this matter. The Minister will know that the judgments of the International Court of Justice are not binding on the United Kingdom when disputes are between the UK and another state which is or was a member of the Commonwealth. That would include Mauritius. I do not expect the Minister to disclose the legal advice that the Government have received, but will he please give the House some more clarity about the nature of the legal jeopardy that the Government perceive here?
I will not, for that very reason, go into that type of advice. The right hon. and learned Member knows that from his extensive and distinguished experience on these matters. I have to ask this fundamental question: if there was not a problem, why did his Government start negotiations on this?
(2 years, 11 months ago)
Commons ChamberI thank the hon. Gentleman for bringing that issue to my attention. I will find out why there has been such a protracted delay, and ensure that he gets a response in good time.
Whether China is a threat, a challenge, an opportunity or all of the above, the UK’s response to it will surely be enhanced by better Chinese language skills. Can my right hon. Friend assure me that he is doing what he can with colleagues in Government to improve the UK’s capacity in that regard?
In the integrated review published yesterday, we set out a comprehensive list of tools that we will be using to help us to continue to grow our Mandarin speakers, and more widely as well. I recommend that all Members of the House have a fulsome read of the integrated review in due course.
(3 years, 11 months ago)
Commons ChamberThe right hon. Gentleman is right that we need to change the practice of countries detaining other countries’ nationals unfairly. That is precisely what we are working on with our Canadian counterparts and others, but we need to act in concert to change the system and change the reactions we give overall. I cannot say more at this stage, but I hope to be able to say more soon.
This is a day of great joy and relief, not just for those flying home today but for their families, some of whom it is wonderful to be joined by today, and their wider families, including members of the Zaghari-Ratcliffe family who live in my constituency. I pay huge tribute to all involved, including, of course, my right hon. Friend the Foreign Secretary and the Opposition Members who have done such a tremendous job on behalf of their constituents. There will be many lessons wrongly drawn from this sad episode. Can I suggest to my right hon. Friend that there is one lesson that could be correctly drawn? The fact that these people were imprisoned in Iran is the fault of the Iranian regime. The difficulties that the UK Government have faced repaying the IMS loan are also the fault of the Iranian regime, because they largely relate to sanctions imposed upon the Iranian regime. Is this a lesson of wider application in the world today that if you find yourself subject to international sanctions, you will find that there are long and expensive consequences?
My right hon. and learned Friend makes a very effective point about sanctions. What we are seeing today in Russia—the fact that the Government of Russia are struggling to finance their appalling war in Ukraine, the fact that people are struggling to secure the goods and services that they have become used to, and that the country is being returned to something akin to the Soviet era—shows that sanctions do work and are effective.
(4 years, 3 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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It is a pleasure to serve under your chairmanship, Sir Charles. I join the tributes to Richard Ratcliffe—it is great to see that he is able to join us—and to his entire family, some of whom live in my constituency, whose resilience and bravery have been truly remarkable during this long period. I also join the tributes to the hon. Member for Hampstead and Kilburn (Tulip Siddiq), whose campaigning has been exemplary; many of us have been delighted to assist her in that.
I will make two points in the time available to me about the linkage of debt repayment to the detention of UK nationals and about the sanctions regime. First, I understand entirely and agree with the Government’s rejection of any suggestion by Iran that there is a connection between the repayment of a decades-old commercial debt and the release of UK citizens. However, I urge the Minister and his colleagues not to be hamstrung by what I might call the mirror image problem. Failing to repay a debt that would otherwise be repayable for fear of it being linked to the release of UK detainees is, in itself, to make a linkage that the Government have been at pains to say does not exist. If the debt should be repaid—and it seems clear that it should, subject to the remaining legal proceedings—then it should be repaid.
The UK’s adherence to standards of behaviour that states should maintain—standards which we argue Iran is not maintaining—demands that the debt be repaid promptly. How such a repayment is perceived should not, as a matter of principle, prevent us from making it.
Does the right hon. and learned Gentleman agree that the failure to pay an acknowledged debt creates a fig leaf for the Iranian Government to hide behind? It is not a matter of it being connected; it is an obstruction to things moving forward.
I understand entirely the point made by the hon. Lady. However, as I say, I do not think it is necessary to accept any linkage—positive or negative, by the Iranians or by the UK—to justify the decision to repay a debt that is legally repayable. We should do that for its own reasons and for its own sake, regardless of what else may be happening.
That brings me to the issue of the sanctions regime as an obstacle to repayment. It seems that we require more ingenuity and more innovation. Certainly, in so far as my right hon. Friend the Minister and his colleagues are concerned, I accept that a huge amount of personal effort has been put into this case. However, as others have said, something is still missing, and that may be the innovation that we need to find.
The debt predates the sanctions regime that we see as an obstacle to making the repayment. The purpose of that sanctions regime is to prevent the enrichment of Iran during the course of the sanctions period, but it does not seem to me that this repayment would do that. The repayment of the debt would, in effect, put Iran in the position it would have been in if the obligation had been fulfilled when it should have been—well prior to the beginning of the sanctions regime.
I know better than many that the Minister has access to some exceptionally good lawyers in government. I hope that he is instructing those lawyers to use their best imagination and innovation to find ways of resolving this legal problem, because that is what we will require to break this deadlock. I know he will do his best, but I hope that he will give instructions to apply innovation and ingenuity to the case, as well as simply effort.