(6 days 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.
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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.
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.]
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.
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.
(4 weeks ago)
Commons ChamberI 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?
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.
(1 month, 2 weeks 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.
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.
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.
(4 months, 3 weeks 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.
(6 months, 2 weeks 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.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
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?