Support for Women Leaving Prison

Jim Shannon Excerpts

Tuesday 9th March 2021 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is very nice to be in the new Westminster Hall and to make a contribution. It is certainly different and does not have the ambience of the original, but it is nice to have the debates back.

I thank and congratulate the hon. Member for Swansea East (Carolyn Harris) on setting the scene so well, and I thank those who have contributed. It has been good to hear all the valuable contributions.

Obviously, I am very pleased to make a contribution on this issue, because—like the hon. Member for Thurrock (Jackie Doyle-Price)—I have a passion to help those in society who are probably less well-off and need help. My heart’s desire and my position here is to help those who perhaps are not able to help themselves. The hon. Lady outlined the issues very clearly and I want to speak about them as well.

I thank the organisation Safe Homes for Women Leaving Prisons for its sterling work to highlight the problems that exist within the rehabilitation process for women leaving prison. When I read through the briefing notes, it was clear that we can and must do better to rehabilitate these women properly rather than their leaving prison with no support, which makes it much harder for them to make the change in their lives that they need. That is why we are here today. I am very pleased to see the Minister in his place and I know that he will be able to answer the questions that we put to him.

The briefing highlighted that each year thousands of vulnerable women really need follow-on help from whenever they leave prison. The hon. Member for Swansea East said at the beginning of the debate that people leave prison with £46—my goodness—and a plastic bag with their clothes in and probably all their life’s possessions, and with nowhere to live, which, of all things, I really worry about. There is also the threat of recall if they miss a probationary appointment. Is that the level of preparedness that is needed for the outside world? I would say not; indeed, that is why this debate is happening. Instead, they are left at the mercy of those evil and wicked people out there who take advantage of others, and who the hon. Members for Swansea East and for Thurrock both referred to.

I believe that we should give these women the dignity that they want and need, and the confidence that comes from that, so that they can leave prison well. If someone gets out of prison and they do not have a house, the first thing that they need is a house, or accommodation. But that should not be provided just as a one-off, leaving all the other things to fall into place, or hoping that that happens. It is about the follow-on help.

Who addresses the mental health issues? We have lived through a year of coronavirus, and many people in my constituency and indeed in all our constituencies have experienced mental health and wellbeing at a lower level than ever before—at least, I cannot remember in my lifetime there being a lower level. Mental health issues are affecting lots of people. Multiply that by those who are stuck in prison for the sentence that they have been given for the crime that they have committed, and for those people the mental health issues are really overwhelming.

What we do to provide follow-on help matters. Housing is the No.1 priority, as the hon. Member for Swansea East said. The next stage is to provide follow-on help for any mental health issues. We can help with simple things, for example, managing budgets and the moneys people have. Even those small things matter.

I watched a TV programme with Simon Reeve, who I quite like; he does a trip to different places. On Sunday night, my wife and I watched it together. He was doing a trip around the Americas and he went to a place in Colorado; I hope that I am right on that. It was a prison town—there were nine prisons in that town. But what they were doing in that prison town was getting people prepared for whenever they left prison.

We all have our own opinion of the US justice system. It is quite a complicated system, where someone can start off with a fine for a broken tail-light but things can multiply and they can end up being in prison, because they do not have the money to repay a debt and get themselves back in credit. However, what they were doing in this prison town was get people prepared for the outside world. The prisoners were being taught simple things, such as going to a restaurant. These are people who perhaps do not have the educational standards that they need; they probably do not have the social skills, either. For them, the outside world is a scary place and they are vulnerable to being taken advantage of.

I believe that the practice that we are debating today is a devastating one, which places vulnerable women at risk and prevents them from rebuilding their lives after a prison sentence. Safe and secure accommodation is essential for rehabilitation, but 65% of prisoners are released to no fixed abode. Basically, they go out the door of the prison and they are on their own. If they have no family, the situation is even worse, because they really are singular and alone with what happens to them. And, yes, the potential for them to reoffend emerges very quickly. Let us consider that figure I just gave; it is an incredibly significant figure. It is 65%, and this figure alone prompts calls for action to be taken.

It is only right that we give the Government credit for recognising that women have a very different experience of the criminal justice system from men, but because of that, while the Government have done some things, they have perhaps not done enough. They have committed to improving outcomes for women in contact with the criminal justice system across England and Wales, but I just wish that we in Northern Ireland had the same pilot scheme that the Government have looked at. Has the Minister had the opportunity to speak to the Justice Minister in the Assembly in Northern Ireland, Naomi Long, to discuss these things and see what we can learn from the UK Parliament to make this thing happen in Northern Ireland as well?

I also highlight that, despite that recognition, the Government have not set out any gender-specific measures to address support for, in particular, the complex needs of vulnerable women prison leavers in their new pilot scheme to house prison leavers in temporary accommodation. I welcome the pilot scheme, which really gets us to the stage where we really want to be—the first stage of trying to rehabilitate and bring people into society with better opportunities and life potential. I would love to see that, and if that that is the intention of the Minister and the Government, it is to be welcomed. However, at this stage, the Government have missed that opportunity, so I ask again whether the Minister will set out how this pilot will cater for the specific and complex needs of vulnerable women prison leavers. I really want to make sure that, when the pilot scheme is in place, what comes forward after that gets people ready for the next stage of their lives. Further, there is a question to be asked about whether this will be extended across all probation regions in England and Wales.

I also asked whether the information will be shared with Northern Ireland to ensure that new designated prison officers acting as brokers for housing are appointed in every women’s prison—I think the hon. Member for Swansea East referred to this in her contribution at the very beginning—and receive specific training on the challenges facing women prison leavers.

Back in 2019, I read an incredibly interesting article that included excerpts from a study carried out by the criminology lecturer Gillian McNaull as part of research for Queen’s University Belfast. What she said sums up this issue very well:

“Many women are not remanded due to the severity of their crime, but instead due to their vulnerability.”

If society puts people away because they are vulnerable and not because of the severity of their crime, there is something wrong. If Gillian McNaull at Queen’s University Belfast can recognise that, I am absolutely sure that Members who speak in this debate and the Minister recognise it. She also says:

“I found that a significant number of women are being arrested and remanded to custody for issues relating to mental health crisis, suicidal ideation, alcohol use issues and homelessness.”

The hon. Member for Thurrock referred to that. We really need to know the reasons why people are in prison. If it is because they have committed a crime of such severity that warrants prison, that is okay, but it is not if they are in because they are vulnerable or have nobody to turn to or are really down on their ankles.

Gillian McNaull added:

“This sees an unacceptable use of prison as a place of ‘safety’ and ‘containment’ for women—an issue exacerbated by deficits in community resources, such as a lack of gender-appropriate hostel accommodation, adequate community mental health support and social care provision.”

The hon. Member for Lewisham West and Penge (Ellie Reeves) made a similar reference. What can be done to help to achieve successful and secure hostel accommodation, community mental health support, which is really necessary, and that social care provision? If we get all those in place, I believe we can help in a more constructive way and give people hope for society for the future. That is really important.

At this time, the Justice Minister is committed to carrying out a review. I ask the Minister to ensure that all information, practices and pilots are shared UK-wide—we are very much part of the United Kingdom of Great Britain and Northern Ireland, and want to be, and we want those pilot schemes and practices shared in a way that we can take advantage of them as well—to inform what changes can be made to prevent offending and the improper use of facilities. More support is clearly needed and I believe that the effort will bring reward. I know it is the intention of everybody here, including the Minister, to lessen reoffending. It is vital that more women will be able to change their lives with the support that they are crying out for.

--- Later in debate ---

[Jim Shannon]

The Minister is setting out clearly some of the good things that can be done. Within those, in my contribution I mentioned social skills. It is important that people can leave prison and interact with people in a way that they can understand and feel the confidence that they need. Is this one of the measures that the Minister will introduce for those who are leaving prison?

[Kit Malthouse]

The hon. Gentleman is absolutely right. In discussions in the Ministry of Justice I have made it clear that my view, which I think is shared broadly by Ministers in the Department, is that there are three foundations for success in life post-prison. They are a job, a house and a friend—effectively, someone to hold your hand. If someone leaving prison has those three pillars in their life, they are much more likely to succeed on the outside. Too often, people have one, or possibly two, but certainly not all three. In the role that I am trying to put in place around integrated offender management—the reboot of that effort—that is what we are going to try to achieve.

The New Futures Network continues to support businesses that are part of the employers’ forum for reducing reoffending, to deliver new, tailored employment for women. Initiatives to be trialled include mentoring and thematic virtual sessions covering the development of soft skills, as the hon. Gentleman said. These will be offered to women serving the last few months of their sentence. The framework of support will be tested in three prisons.

Given the ambition of the hon. Member for Swansea East for the Government to go further, she will be pleased to know that as part of the January announcement to tackle and reduce reoffending, we are seeking to introduce and test new approaches and roles across education, employment, accommodation and substance misuse. HMP New Hall, which was mentioned, has been selected to ensure the specific needs of women are captured, so that learning can be shared across the female estate more broadly.

To conclude, I hope I have removed any doubts about the Government’s ongoing commitment to deliver fully the female offender strategy and that, in the time available, I have been able to provide clear examples of how we are working to properly support women leaving prison. As far as the extra 500 places are concerned, I hope that the hon. Lady and others will understand that, while we have to plan for the worst, and the impact of 20,000 police officers on the prison estate cannot be ignored, we will work very hard between then and now for a much better outcome than an increase in the prison population.

Fire Safety Bill

Jim Shannon Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to follow the Policing Minister. I, too, put on record my best wishes to the right hon. Member for Old Bexley and Sidcup (James Brokenshire), who cannot be here to lead for the Government today. We all wish him a speedy recovery

I thank our fire and rescue services, who are going above and beyond to keep us safe and have worked tirelessly to protect us throughout the covid pandemic. I am grateful to Ministers, to officials and to House staff who have worked with us on this Bill. I give particular thanks to Yohanna Sallberg and Kenneth Fox, who have supported me, in particular, throughout the Bill’s passage. I thank Lord Kennedy of Southwark, and all those Lords who have led this Bill through the House of Lords, and ensured that Labour’s key amendment on implementing the Grenfell phase 1 recommendations was accepted there.

Every time we debate and discuss the aftermath of the Grenfell Tower fire, we hold the memory of those who died in our hands. We must be gentle and respectful, but we must also see the injustice, and honour those who died by taking action, and by not resting until justice has been done and everybody has a safe home that they can afford. I pay tribute to the campaigners—Grenfell United, the families, survivors, and the entire community—for their tireless fight for justice. I also pay tribute to those campaigners who are fighting every day for the hundreds of thousands of people who are trapped in unsafe buildings, and who face extortionate bills and are unable to move. The drumbeat of their lives is fear and anxiety. No Parliament can ignore that.

Thousands of people are working on this, but I particularly thank Ritu and Will from the UK Cladding Action Group, for their assiduous efforts. I thank the 200 people who joined our roundtable this morning, so that we could hear at first hand the horrors that this Government are wilfully enabling. As Ritu said, “we are fellow human beings in these buildings—your family, your friends, your colleagues.” To everyone who is affected, and who is living in fear and anxiety, I say sorry—we must do better.

As we have said throughout the passage of the Bill, we support it, but it is small and the only piece of concrete legislation we have had since Grenfell. That is not an adequate response to the biggest housing safety crisis in a generation. It does not even scratch the surface of the work that must be done to fix the wild west of building control and fire safety that we have seen played out with such horror over the past few weeks during phase 2 of the Grenfell inquiry. It has taken so long to get here, and at every stage we have had to drag the Government into action.

The Government promised to act swiftly after Grenfell, yet it took them almost three years to introduce this Bill. We waited 12 weeks just for them to bring the Bill back to consider Lords amendments. This is intended to be a foundational Bill. Its purpose is to provide clarity, and state what is covered by the fire safety order, which will inform other related and secondary legislation. In Committee the Minister said that the Government intend to legislate further, and he spoke many times of action still to come, as he did today. By this stage, however, we need more than vague commitments about secondary legislation. At the very least, we need a clear timetable from Government that sets out when further changes to the Regulatory Reform (Fire Safety) Order will be delivered, when secondary legislation will be introduced, and when the Bill will be implemented.

In response to a deeply frustrated letter from Grenfell survivors in September, the Government said that the introduction of the Fire Safety Bill was a key priority, yet the Bill does not include provision for any of the measures called for by the first phase of the Grenfell inquiry. We would like many issues around improving fire safety to be included in the Bill, but many will now have to be introduced through the draft Building Safety Bill and by secondary legislation. We have no idea when any of those things will happen.

[Jim Shannon (Strangford) (DUP)]

I have been asked to speak by my party leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), and by other Members who have relatives who own such flats on the mainland. They have extreme concerns, and the fears that the hon. Lady has referred to about their properties, and what that means for the future. Although the Government have good intentions, I believe —as I think does she—that the Bill does not go far enough. Is she convinced by what the Minister has said, and if not, will she push the amendment to a vote?

[Sarah Jones]

I thank the hon. Gentleman for his intervention. I do not think the Government have gone far enough, and I do not accept the reasons why we are going at such a snail’s pace on something so important. I will come to what we think should be done about it.

The Government rejected many attempts to amend the Bill. The draft Building Safety Bill places various requirements on what is called the “responsible person” and refers to the fire safety order for the definition of that, but the fire safety order does not provide a definition of the responsible person. The draft Building Safety Bill even attempts to put into law a building safety charge. It is vital that the fire safety order makes it clear that there is no ambiguity around the definition of responsible person and that it does not mean leaseholders. However, the Government chose to reject that amendment.

The fire safety order requires regular fire risk assessments in buildings, but it includes no legal requirement for those conducting the assessment to have any form of training or accreditation. In Committee and on Report, we tabled amendments that would bring into force an accreditation system for fire risk assessors, rather than waiting for more secondary legislation. We also tabled an amendment to require the schedule for inspecting buildings to be based on a prioritisation of risk, not an arbitrary distinction of types and heights of building. On that point, I am glad that the Government have listened, having turned us down in the initial stages, and taken good practice from Croydon and other areas and introduced a risk-based approach to the Bill.

We tabled an amendment on waking watch to require the Government to specify when and for how long such measures should take place. Thanks to Lord Kennedy of Southwark, our amendment on implementing key measures from the first phase of the Grenfell inquiry passed in the Lords, despite the Government’s attempts to block it. The Government have made so many promises to address the fire safety crisis but failed to keep them. The families and survivors are still waiting for justice, and hundreds of thousands of leaseholders and tenants are still trapped.

As we debate the Lords amendments this afternoon, the Government face a choice on what they include in the Bill. They could do the right thing and fulfil their promises, or they could push the can down the road again—“We do care, just not quite enough, not quite yet.” There are two answers that thousands of people across the country are watching and waiting for today: will the Government change their mind and back the Lords amendment to implement recommendations from the Grenfell inquiry, and will the Government legislate to ensure that leaseholders—blameless victims of this crisis—do not have to foot the bill for measures to make their buildings safe?

--- Later in debate ---

[Sarah Jones]

The hon. Member said, “I am not saying it would not affect the value of that property”, and that is the key. This issue should not be affecting the value of the property when people have saved up for many years, worked hard, bought their flat and then through no fault of their own suddenly finds that the value of their property goes down because of the Government failure to deal with the problem.

Through successive lockdowns, the people in these blocks have gone to bed at night with the added pressure of sleeping in a building at risk of fire or being themselves at risk of bankruptcy and deep financial trouble. It is taking a heavy toll on people’s mental health and putting millions of lives on hold. Leaseholders have been trapped in this impossible position for far too long.

I hate that we are still having this conversation. I hate that I have stood here at this Dispatch Box time after time for years saying the same thing to Ministers, and I hate that good people on both sides of this House are saying the same things and it is still falling on deaf ears. The problem is not going to go away. The Government could legislate today to ensure that leaseholders do not pay by supporting the Lords amendment, the McPartland-Smith amendment or the Labour amendments. At this point, I do not mind which one they pick; I just want the job done.

[Jim Shannon]

One of the items that has been brought to my attention is that 57% of flats requiring remediation were purchased for under £250,000, which means that many of those people are living in negative equity in their properties. Does the hon. Lady agree that this is not about cake tomorrow, but about what happens today, and unless the Government accept the amendments that have been tabled, those people will feel that they have no hope for the future?

[Sarah Jones]

The hon. Member is absolutely right. We heard from a lady this morning that the cost of insurance for her small block had gone up from £30,000 a year to £500,000 a year. We heard from a lady who lives in a block in Kent—I know one Government Member has stood up for her in this place many times—where the residents have already spent £500,000 on a waking watch. It is quite extraordinary.

I was alarmed to see reports this afternoon that the Prime Minister’s press secretary, Allegra Stratton, has said:

“Our problem with McPartland’s amendment is that, far from speeding things up for constituents across the country who are worried about finding themselves in these properties, it would actually slow things down.”

That mirrors the intervention that the hon. Member for Strangford (Jim Shannon) has made, and it is an absolute cop-out. We are four years on, and leaseholders are struggling. We think that 11 million people are affected by this—not necessarily those living in dangerous blocks, but those living in blocks where they do not know, because they have not got the forms sorted and they are paying more insurance. That is a huge crisis.

Death of PC Yvonne Fletcher

Jim Shannon Excerpts

Tuesday 23rd February 2021 Commons Chamber

[Bob Stewart]

Thank you, on behalf of everyone who is campaigning. The more of us who say it, the better.

[Jim Shannon (Strangford) (DUP)]

Will the right hon. Gentleman give way?

[Bob Stewart]

I give way to my honourable friend—he is my hon. Friend, even though he is in the Opposition.

[Jim Shannon]

The right hon. Member for Beckenham (Bob Stewart) has a great part in every one of our hearts. I salute him, as an honourable and gallant Member.

I remind him as well that we in Northern Ireland have felt all too often the devastation of the death of our serving police officers. I know that the right hon. and gallant Gentleman will have known some of those officers who served and died for Queen and country. Does he agree that the message must be clear in every part of the United Kingdom of Great Britain and Northern Ireland that every life is precious, that there will be no tolerance of the murder of those who served, and that the maximum penalty can and will be applied on every occasion? I support entirely the campaign on behalf of Yvonne Fletcher. I wish the hon. Member well, and I hope that the Minister will respond in a positive fashion.

[Bob Stewart]

I thank the hon. Member. All I can say to that is that I entirely agree with him on the Police Service of Northern Ireland and its predecessor, the Royal Ulster Constabulary.

To make a little aside, when someone is killed in the military, they give out the Elizabeth Cross to the next of kin. I would have thought that that is quite a nice thing to consider doing for the police. It is just a thought, which has only just come into my brain at this moment, but the Elizabeth Cross really means something to the next of kin of people who have lost their lives serving in the military. I would have thought that for the police that would be quite a good idea, too.

The hon. Member for Ayr, Carrick and Cumnock (Allan Dorans), who was a serving officer in the Metropolitan police on the day that Yvonne was murdered, cannot be with us today. He has told me that he did not know Yvonne personally, but he did know that she was an exceptionally talented, passionate and caring young police officer who loved her job and the opportunity to help people—she was really good at that. He told me that he would provide full support for the posthumous award of a George medal.

As I prepared for this debate, I have personally spoken to 59 past and present members of the Metropolitan police about Yvonne Fletcher. Only one or two of those officers needed to be reminded who she was, and that is because they were not even born when this incident happened, but to a man and to a woman they were utterly supportive that such recognition should be given to their incredibly gallant late colleague. I entirely agree with them. Thank you, Madam Deputy Speaker—over to my friend the Minister.

Grooming Gangs

Jim Shannon Excerpts

Wednesday 3rd February 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I spoke on this topic in the House in October 2019, when I highlighted the report by Barnardo’s, which I want to speak about again. Its survey showed that one third of children who are sexually exploited are looked after. The 498 children helped in one day by the charity’s specialist sexual exploitation service also revealed marked geographical variations, while 29% of them were looked after, 16% had a disability, and 5% had a statement of special educational needs.

The report is shocking and hard to read and follow. It referred to some 10,500 crimes that were flagged by police as child sexual exploitation-related, with victims mostly commonly being female and aged 14 to 17. The main risk factors were being in care, going missing, having a learning disability, drug and alcohol dependency, mental health issues and experience of previous abuse. The report also suggested that group-based CSE offenders appeared to be predominantly but not exclusively male and generally older than those operating in gangs.

My desire is to work with the Government on this issue and to support them in what they bring forward—it is important that I put that on record—as we see how we can ensure that the statistics are not repeated two years down the line. The stats are very worrying and quite distressing. That work starts not just with the funding designated for non-governmental organisations such as Barnardo’s, which do tremendous work in this realm, but adequate funding for police forces. That will enable police forces to work hand in hand with schools, building up relationships and becoming familiar faces. It will mean not having one social worker with upwards of 50 families to deal with. Social workers are under pressure —indeed, the system is under pressure. The difference is that we are talking about little lives and their futures.

The stats for 2001-02 on the mental health of looked-after young people in Great Britain aged five to 17 were really worrying. Some 45% of looked-after children aged five to 17 had a mental health disorder, as defined by the statistical classification of diseases, compared with 10% of the general population. I want to support the Government as they seek to do better. I just need to know what the plan is, how it is to be funded and when the change will begin—for every child in care, it cannot be soon enough.

I put on record my thanks to every foster parent and every adoptive parent who seeks to sow love in the lives of looked-after children. I also thank every church volunteer, youth-club worker, teacher and classroom assistant—every person who works with young people to instil in them the fact that they are loved, important and of value. We need to do better with our children, to protect them, to protect their self-worth and to ensure that every child knows they have someone to go to for help if they have concerns. A key issue is where they can go to, who looks out for them and who ensures that they are protected. I want to encourage us all—let us do more and sow more into children’s lives. That truly will be the measure of the success of our nation and the way we take things forward.

Deportation of Foreign National Offenders

Jim Shannon Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I would like to start by briefly placing on record my deep admiration for Captain Sir Tom Moore, after the sad news of his passing today. Like so many of his generation, he was an ordinary man who had extraordinary qualities, and our whole country is the worse for his being no longer with us. He was a remarkable figure; may he rest in peace.

Tonight I had hoped to raise a particular case concerning a constituent, but following the advice I received about the sub judice rules, I will allude to the issue in question in broad terms. I want to discuss the challenges concerning the deportation of foreign national offenders. As we know, under the terms of the UK Borders Act 2007, if someone is sentenced to 12 months or more, they are liable for automatic deportation. If they are sentenced to a term of imprisonment of four years or more, there is a very strong public interest in that deportation going ahead, other than in the most extraordinary circumstances. Clearly that is not happening in a number of cases. I can think of one instance that is very close to my own heart in which this has not been the case.

This leads to wider questions that concern the provisions of the Human Rights Act, and whether it is striking the right balance between the interests of the general public and the rights of defendants. Clearly this issue is going to become increasingly topical, because Home Office statistics show that in 2018—a typical recent year—455 appeals against deportation by foreign national offenders were successful. That was 25% of all such appeals lodged by those convicted criminals. Of the successful appeals, 172 relied on human rights grounds. Each and every week in 2018, therefore, three serious foreign national offenders were sidestepping the UK Borders Act 2007 based on human rights claims. I am afraid it stretches credulity to believe that all these claims were well founded. There must be a concern that instead, immigration lawyers are advising their clients precisely what the right buzzwords are to initiate a successful appeal against being removed from the United Kingdom. There is a pervasive sense that our own high legal standards are being deployed against us to the detriment of the public.

The provisions of the European convention on human rights should be there to protect the innocent against grave and exceptional threats.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on introducing the debate, and he has raised an important issue. Does he agree that for far too long the system has been used and abused, but with the end of our membership of Europe must also come the end to the abuse of the decent people of this country? Further, will he join me in asking the Minister to make it clear that the United Kingdom of Great Britain and Northern Ireland is a zero-tolerance nation for foreign criminals?

[Mr Clarke]

I will indeed join the hon. Gentleman in saying just that to the Minister. I know that the hon. Gentleman cares deeply about this issue; he is an assiduous attender at these debates, indeed the most assiduous attender in the whole House. It is fantastic to have his support in making these points this evening.

As I was saying, the European convention on human rights should be a bulwark against tyranny. It was designed against the backdrop of the crimes of Nazi Germany against millions of people across our continent. Genocide, torture, rape, mass displacement and theft were their hallmark, and our continent rightly came together to create a legal framework to outlaw them for all time. However, over the decades since, and with increasing voracity, rights creep in both the Strasbourg court and our domestic courts has distorted those noble goals beyond all recognition.

To quote the former Law Lord, Lord Hoffmann:

“The devil is in the detail: in the interpretation by the courts of the high-minded generalities of the written instrument. It is these interpretations, which often appear to people to bear little relation to the values that they think really important in the way our country is governed…Since the Convention rights were incorporated into UK law by the Human Rights Act 1998, the UK courts have followed in the wake of Strasbourg, loyally giving effect to its rulings and the principles (where discernible) laid down in its jurisprudence.”

The result is that the UK courts

“have reached decisions, sometimes with regret and sometimes with enthusiasm, which would have astonished those who agreed to our accession to the Convention in 1950.”

That is very relevant to article 3, which lies at the heart of many of these cases.

Article 3 has been progressively expanded by the Strasbourg court to encompass people’s living standards should they be returned. The 2011 case of M.S.S. v. Belgium and Greece was a turning point, with an Afghan asylum seeker able successfully to overturn being returned from Belgium to Greece, through which he had transited, on the basis of the poor living conditions he would face should he be returned there. To say that Greece is an unacceptable place to which to be returned goes so far beyond what the convention authors would have imagined as inhuman or degrading treatment or punishment as to be almost unbelievable, but it has established a principle and opened the doors still wider for those seeking to overturn deportation orders across the continent, including in this country.

The upshot of such decisions is that we have a human rights settlement that often seems to protect perpetrators far more effectively than victims and that repeatedly allows serious offenders to cite their rights to escape the consequences of their actions. I do not blame my hon. Friend the Minister for the impasse in a number of such cases, as he is exceptionally helpful and courteous and I know he and his colleagues always operate within the law as it stands. However, this whole issue leaves a bitter taste.

We know in many ways that it is only the tip of the iceberg. Last December, the Henry Jackson Society published an excellent report by Dr Rakib Ehsan looking at the issue from the perspective of foreign national terrorist offenders. It identified 45 convicted Islamist terrorists whom we have been unable to deport on human rights grounds since 1998, largely driven by article 3 and article 8, the latter being the right to a family life. Our inability to deport in the way we would like leaves us unable to rid ourselves of people who are a genuine threat to our society, and I have a number of questions for my hon. Friend the Minister that I hope he can address in his reply.

The first question is whether the Minister has considered extending the principle of deportation with assurances to all cases involving foreign national offenders, as opposed to simply those concerning individuals suspected of terrorism. It seems to me that this is a concept well worth exploring. If we can secure appropriate guarantees from other Governments that they will not mistreat criminals we deport back to them, that ought to suffice.

Secondly, as part of the fair borders legislation being delivered by my right hon. Friend the Home Secretary, which I warmly welcome, will the Government act to tighten relevant legal definitions, such as “inhuman” and “degrading”, to strengthen the Home Office’s defence against judicial activism? As I have set out, the steady extension through case law of what those definitions can encompass is clearly interfering with the deportation of foreign national offenders, particularly on the grounds of article 3 of the ECHR, which is of great relevance to a number of cases.

Thirdly, what wider work is ongoing within Government to assess how we can reform our human rights settlement, so as to ensure that we have effective deportation options at our disposal, and that our citizens are protected properly from those who ought to be removed under the provisions of the UK Borders Act? I believe we need a root-and-branch reconsideration of those issues. The case for a dedicated British Bill of Rights feels ever stronger, as it would allow us to incorporate core convention rights into our domestic law, define them sensibly in a way that mitigates the accumulated legacy of Strasbourg’s judicial activism, and make the whole settlement accountable to our Parliament and our courts.

As things stand, I do not believe that justice is served in a large number of cases. None of us can be confident that some of the perpetrators will not go on to cause further havoc and harm, and this issue requires our prompt attention. We may have settled a number of issues concerning our relationship with Europe through our recent decision to exit the European Union, but none of that bears on our ongoing challenges regarding our interaction with the European Court of Human Rights and the European convention on human rights. Its goals are noble, but its interpretation in a number of cases is flawed. It is time for action in the course of this Parliament.

UK Border: Covid Protections

Jim Shannon Excerpts

Tuesday 26th January 2021 Commons Chamber

[Priti Patel]

I thank my right hon. Friend for his important question. First, all announcements were made both in the conventional way and to the House, as Mr Speaker would expect. Secondly, as my right hon. Friend will understand, measures are always under review. Decisions will be taken through the consultative process within Government based on evidence, based on discussions and based on a number of facts. The virus, of course, is changing, although it is still with us. The vaccine roll-out is a new element, a new consideration, in terms of the nature of the measures that are being taken. It is fair to say that there has been a layered approach with these measures. As we have seen, there has been escalation and de-escalation. Right now, we have escalated the measures through the banning of the travel corridors, so these measures will be under review. Naturally, as the roll-out progresses, new strains may or may not materialise internationally. We will obviously have to take everything into consideration when it comes to permanency or the timetabling of the application of certain measures.

[Jim Shannon (Strangford) (DUP) [V]]

I thank the Secretary of State for her answers today to the urgent question. She will be aware of the substantial concerns that exist around the Northern Ireland border with the Republic of Ireland as pertains to covid travel. Further to the announcement from the Republic of Ireland, can the Secretary of State confirm what, if any, contact has been made to ascertain the current situation and to share information regarding passengers’ travel to the Republic of Ireland and, potentially, to Northern Ireland, which should not have been withheld at any stage? Furthermore, what steps will be taken to save lives by being sensible about our shared border?

[Priti Patel]

The hon. Gentleman makes a really important point. First of all, the advice is not to travel. It is to stay at home for the very reason that he has given: we are in a pandemic and we need to protect public health. He has highlighted some of the things that are taking place right now. Secondly, it is important for me to emphasise that this is a joint effort. Collaboration takes place in relation to the common travel area, the sharing of information and the sharing of data around passengers and flows. That has always been the case, and that will continue. None the less, I still emphasise that there is no need for individuals to travel. When it comes to the CTA and to the areas to which the hon. Gentleman is referring, we are also thinking predominantly about the movement of goods and hauliers, and, of course, there are checks in place for those particular examples.

Police National Computer

Jim Shannon Excerpts

Monday 18th January 2021 Commons Chamber

[Mr Speaker]

Let us head over to Northern Ireland with Jim Shannon—a virtual Jim Shannon!

[Jim Shannon (Strangford) (DUP) [V]]

My goodness, Mr Speaker; thank you very much, whether virtually or in person, but virtually today.

I thank the Minister for his most comprehensive statement. My concern lies in the fact that there are cases that are sensitively linked to Northern Ireland. I would appreciate an understanding that contact has been made with the Police Service of Northern Ireland and the Department of Justice in Northern Ireland to go over how the data breach may have affected Northern Ireland citizens and residents and, further, whether it is felt that victims of crimes in particular may be affected and what steps are to be taken if they are affected.

[Kit Malthouse]

As I say, the whole of UK policing has been involved, through the National Police Chiefs Council, in the effort both to comprehend the scale of the problem and then to put in place mitigation. The hon. Gentleman is quite right; as usual, victims of crime are uppermost in his mind, as they are, hopefully, in all of ours. I will be able to tell him later in the week, hopefully, what the precise impact might or might not have been and what the mitigations that we put in place will do to ensure that victims are not impacted while we recover this data and get ourselves back on an even keel.

Domestic Abuse and Hidden Harms during Lockdown

Jim Shannon Excerpts

Thursday 14th January 2021 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend, who was a sterling performer in the Bill Committee. We have taken a national, regional and local approach to community-based services and we have rolled out funding for that with the help of police and crime commissioners to commissioned and non-commissioned services. Of course, the Ministry of Housing, Communities and Local Government has been rolling out money to refuges. We in the Home Office have focused on the national and regional parts of the funding, including support to bolster the helplines, which so many people rely on when seeking help.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement. There were 557 domestic abuse calls in the last week of March last year and 8,302 from April to June. Will she confirm that the support and help that have been announced today will also be implemented in Northern Ireland and that discussion has taken place with the Minister in charge in the Northern Ireland Assembly to ensure that that is the case?

[Victoria Atkins]

I am delighted to say that my opposite number in the Northern Ireland Executive is working hard and has confirmed her intention to bring in similar legislation in Northern Ireland. That is a vital part of our jigsaw in ratifying the Istanbul convention, so we wish her and the Assembly well in their scrutiny of the forthcoming legislation.

Immigration Rules: Supported Accommodation

Jim Shannon Excerpts

Wednesday 16th December 2020 Commons Chamber

[Chris Philp]

The size of the immigration detention estate has actually shrunk considerably over the past five or six years. I think I am right in saying that it has reduced in size by, very approximately, 50%. Detention is used sparingly and only as a necessary precursor to removal. On the accommodation for people seeking asylum, this is not detention. The people are not detained and are free to come and go as they choose, but obviously those operating the sites keep a very careful eye on them. For example, there is a process of signing in and signing out, and if people are not back on the site by 10 pm each evening, then inquiries are made. Although the people in the centres are not detained, very careful measures are taken to understand their whereabouts to make sure that nothing untoward happens in the local communities. I hope that my hon. Friend will take that as reassurance, but I would be happy to discuss these issues further, particularly in the Yarl’s Wood context, if he would like to do that.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his response to the questions so far. The changes explain that an asylum claim can be reinstated after a “reasonable period of time” if another safe country is unable to admit that person. Can the Minister outline what a reasonable period is, what support will be given in the interim period, and what processes are in place to support people whose claims are deemed inadmissible in the United Kingdom?

[Chris Philp]

I can assure the hon. Member that while the process unfolds of seeking another country to receive the person, support will be made available to avoid the risk of destitution. The reasonable length of time taken to secure the agreement of another country will be laid out in guidance shortly, but it will be a matter of a few months; it will not be an extended period.

Encouragement of Terrorism Offences

Jim Shannon Excerpts

Thursday 10th December 2020 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

At the outset, I feel that it is only right that I set out the motivation behind my request for this debate. I want this evening to take the House to the townland of Legananny, five miles outside Castlewellan in the parliamentary constituency of South Down in Northern Ireland—to a quiet, rural location, where both traditions lived together in relative harmony throughout much of the time now described by many as the troubles.

On 3 May 1985, William Heenan, a 52-year-old widower, went outside to feed some livestock in the yard. This was his home, along with his 12-year-old son, Sammy; sadly, William’s wife had passed away two years previous. It was the last morning that William would ever feed his animals. Sammy Heenan, William’s son, is now a grown man with his own family. I have known him for some time. He is a man of great character, great resolve and very strong faith. If his late father had grown old to see his son grow up, Sammy would have made him very proud. As a 12-year-old, Sammy’s life changed forever. This is his account of that morning in 1985:

“When I was a 12 year old child, I lived 5 miles north of rural Castlewellan. On that fateful morning on the 3rd May 1985 at 7am, I went out to find my father brutally murdered after I heard his final haunting and dying screams. He had been forced to his knees and shot twice in the top of the head at point blank range by a South Down PIRA gunman. The image of his face bloodied and unrecognisable as he lay on the ground that morning will be etched on my mind forever. After which I had to run to a neighbour’s house half a mile away to raise the alarm sobbing and in a state of utter despair.”

Sammy Heenan’s life story is replicated for many across Northern Ireland—mothers and fathers, brothers, sisters, uncles, aunts, grandparents, friends: murdered by terrorists. The broken-hearted remain, to live a life with psychological and physical scars that will never heal, and it is for those victims that I have asked for this debate today. Despite the scars, despite the lifetime of grief and of anguish, despite the trauma inflicted on them that no one should face, there are those within our society who glorify the terror that caused that pain, and who revel in the actions of those who planted bombs or shot people in the head. Sadly, Madam Deputy Speaker, some of them are Members of this House.

A little over five miles from the very spot where the IRA murdered William Heenan, in the town of Castlewellan sits the McNulty-Magorrian advice centre. It operates as the constituency office of the Member of this House for South Down (Chris Hazzard). For your information, Madam Deputy Speaker, McNulty was killed in a premature bomb explosion during an IRA attack on Castlewellan RUC station in January 1972, while Magorrian died after being shot by the Army in August 1974; both were Provisional IRA terrorists.

Given that an office has been named after two terrorists and a Member of this House is performing his role from that office, one would think that this Parliament—the bastion of democratic principles, the very place where parliamentary democracy was founded—would stop such an affront to democracy. This House knows only too well the barbaric actions of terrorists: Airey Neave, Ian Gow and Reverend Robert Bradford were serving Members of this House murdered by members of the same terrorist organisation that we have a parliamentary constituency office named after in South Down. Yet action is not taken.

I have raised this issue with the Parliamentary Commissioner for Standards, who has responded by saying she has no grounds to investigate, and, likewise, the Independent Parliamentary Standards Authority says it is not a matter for it. By doing nothing, we facilitate—indeed, financially support—an MP who daily glorifies terrorists. I urge the Minister this evening to undertake to address this issue at the earliest possible opportunity.

In this instance, it is a case of doing what is right—of recognising the hurt and pain this causes innocent victims and saying, “This House will not facilitate or allow this to happen any longer.”

[Jim Shannon (Strangford) (DUP)]

I congratulate my hon. Friend on securing this debate. I know that the Minister in particular understands this issue.

I know Sammy Heenan as well, so I understand the matter that my hon. Friend raises. Does she share the concerns of many others outside that family circle that the local council in Newry, Mourne and Down has named a playpark after Raymond McCreesh, one of the hunger strikers who gave their life—or committed suicide, depending on how we want to put it—at the Kesh, and who was a convicted terrorist? Does my hon. Friend agree that there is something wrong if Newry, Mourne and Down can name a playpark after a convicted terrorist? Should the House not take action against the Member for South Down?

[Carla Lockhart]

My remarks are larger than the Heenan family and the hurt caused to them. My hon. Friend is right that the glorification of terrorism anywhere is wrong and has repercussions for innocent victims.

When I told Sammy Heenan that I had secured this debate, he asked me to make this plea on behalf of him and the many victims of terrorism in South Down:

“How can we as a progressive society in 2020 continue to countenance the repugnant naming of an MP’s constituency office in the United Kingdom after two dead IRA terrorists? The symbolism attached to this office-naming is massive and morally obscene, thus inadvertently legitimising every terrorist act perpetrated against UK citizens. I implore this Parliament to exhaust every avenue in righting this grievous wrong, which continues to cause affliction to the innocent of our country. As a Parliament, please be cognisant of our traumatism and use whatever means necessary to ensure terrorist revisionism such as this ceases to be funded and tolerated.”

I cannot add any more to that, Madam Deputy Speaker.

It is important that, as we in Northern Ireland look to the future, those who want to revel in the evil deeds of the past, to seek to re-write that past and make acceptable the murder and mayhem terrorists imposed on our country, are not aided and abetted by our accommodation of such a perversion of what actually happened. To enable that in any way will only serve to bring about a generation who believe such heinous crimes to have been justified, acceptable and worthy of celebration.

Only this week, members of the County Armagh ladies camogie team—a Gaelic game, for those unfamiliar with the term—were videoed celebrating success on the pitch with repeated chants of, “ooh ah, up the Ra!”: a clear reference to the IRA, a proscribed terrorist organisation responsible for the killing of some 1,700 people. How utterly depressing. None of those girls was alive during the worst years of IRA terrorism, yet this chanting was part and parcel of their celebrations.

Closer to this place, earlier this year, London Young Labour tweeted a picture of the Falls Road mural dedicated to the IRA man, Bobby Sands. They wrote:

“On this day in 1981, socialist and republican Bobby Sands died as a PoW following a hunger strike during which he became an elected MP. We remember him and continue to fight for an end to imperialism and for a free and united Ireland.”

Madam Deputy Speaker, Bobby Sands was a bomber. Bobby Sands was not a prisoner of war. He was a terrorist—a man so consumed with hatred that he killed himself. Yet here we have a youth wing of the official Opposition in this place lauding this man. What does that say to victims?

There are many, many other examples of how this encouragement and glorification of terrorism happens in our society: the Policing Board member who describes the shooting of a prison officer in the head as one of the “best ops”; the Gaelic football grounds and competitions named after IRA men; and the Northern Ireland Executive Ministers who attend glorification events. Madam Deputy Speaker, if Members of any other party in this House were to do that for any terrorist event or organisation, it would not be accepted.

I have a young son, Charlie. I want him to grow up in a society that has values, that has respect for the rule of law, and where people are at peace with one another. Yet I look at a society today where the very encouragement and glorification of terrorism goes largely unchallenged. In such a society, real reconciliation cannot happen. For in such a society, those who suffer most, our victims, are not respected—they are insulted. Until this stops, until those who engage in this behaviour cease and recognise the hurt and the wrongs they do and have done, we will never have that real peace we crave.

[The Minister for Security (James Brokenshire)]

I congratulate the hon. Member for Upper Bann (Carla Lockhart) on securing the debate, and on the very powerful and poignant speech she delivered to the House this evening. Her comments on the brutal murder of William Heenan will have struck a chord with all who have heard the debate tonight. The loss and impact on his son Sammy Heenan, and on the rest of the family, is lifelong. I am sure that all in this House would wish to convey our deepest and sincerest condolences for his and their loss, and for all the pain that they continue to suffer. 

Certainly, as a former Secretary of State for Northern Ireland, I have met too many who continue to suffer that pain and that loss. We still collectively need to do much more to be able to look to Northern Ireland’s future with a positive sense of the amazing place that it is and the incredible people there who make it such a special place, while equally knowing that the legacy of the troubles and of the past still runs very deep and knowing the pain that it continues to cause. Therefore I understand and hear that sense of the need for us to be able to look to a future beyond all of those troubling issues.

I speak as the Security Minister, and therefore look to these issues of national security across all parts of our United Kingdom. I was struck by the emphasis that the hon. Lady gave to issues relating to this House, which brought to mind the response that she received from the Leader of the House recently during business questions when she highlighted this point. The Leader of the House underlined that very clear message, saying:

“We should remember and commemorate those who were killed”,—[Official Report, 26 November 2020; Vol. 684, c. 993.]

drawing to mind the shields within this House to remember Airey Neave and Ian Gow, and stating that commemorating those who committed murder is absolutely not what we as a House should do. I understand that it is in that sense that the hon. Member for Upper Bann approaches all of this.

I want to look at the work that we do as a Government across the United Kingdom, and I am sure that the hon. Lady would join me in recognising the work that happens here and now. What do I mean by that? I mean the work of the Police Service of Northern Ireland, MI5 and others, who work tirelessly to keep people safe and have our full support for the immense contribution they make on a daily basis. I commend all those who, sometimes quietly, sometimes out of sight, help to deliver safety and security for the public in Northern Ireland and Great Britain. That ongoing work by the police and MI5 means that most people in Northern Ireland, mercifully, are not directly affected by the severe terrorist threat that endures.

It remains unacceptable that, decades on from the Good Friday agreement, there are still groups who are using and hiding bombs and bullets in residential areas, putting their own agendas above the rights of the community who want to live and thrive in peace. Where terrorism, paramilitary-style attacks and attacks on the community endure, so, too, will our efforts to tackle them. We will always do everything in our power to ensure they do not succeed.

I take this opportunity to commend the recent successes of Operation Arbacia, an ongoing Police Service of Northern Ireland-led operation into the activities of the New IRA, which has involved collaboration with partners such as MI5, Police Scotland, An Garda Síochána and the Metropolitan Police Service. In August, the Police Service of Northern Ireland arrested 10 people, all of whom have now been charged with a range of terrorism offences under the Terrorism Act 2006. Violent dissident republicans cause substantial harm to communities and the fabric of society. These arrests, I believe, are a welcome step in maintaining peace in Northern Ireland and keeping people safe from criminality and violence.

We have robust UK-wide legislation to counter the threat of terrorism and protect the public. The legislative framework was established in the Terrorism Act 2000; it was updated and strengthened in the post-9/11 era, again more recently to respond to the threat connected with the Syrian conflict and individuals travelling from this country to join terrorist groups, and then again following the attacks in the UK in 2017. Our framework provides a coherent approach, including an ideology-neutral definition of terrorism, which determines the scope of other terrorism powers and offences.

On the particular issue raised in this debate today, the Government are clear that statements that encourage or glorify terrorism are unacceptable and that individuals who make such statements should be liable for prosecution. It is an offence under section 1 of the Terrorism Act 2006 for an individual to intentionally encourage members of the public to engage in terrorism or be reckless as to whether their statements will encourage it. That applies whether or not any person is in fact encouraged or induced to engage in terrorism as a result of the individual’s statements.

The Counter-Terrorism and Border Security Act 2019 updated the section 1 encouragement offence in three ways: closing a gap that existed whereby the offence would not necessarily be committed in a case where someone radicalised or sought to encourage a child or vulnerable adult to carry out an act of terrorism; ensuring extra-territorial jurisdiction applies fully to the encouragement of any act of terrorism, meaning that a person may be prosecuted in the UK for conduct that took place outside the UK that would have been unlawful had it taken place here; and increasing the maximum penalty available following a conviction from seven to 15 years’ imprisonment to reflect the seriousness of the offence. That is an appropriately broad offence of encouragement, which also covers the glorification of terrorism and ensures that perpetrators can be prosecuted appropriately.

In addition, our counter-terrorism legislative framework includes the separate offence under section 12 of the Terrorism Act 2000 of inviting support for a proscribed organisation. The 2019 Act extended the offence by making it clear that it is illegal to make statements in support of a terrorist organisation or to be reckless as to whether others will be encouraged to support the organisation.

[Jim Shannon]

I am always mindful of the Minister’s exceptional contribution when he was the Secretary of State for Northern Ireland, and I thank him for that. The council that represents my area is Ards and North Down Borough Council. It wanted to name a leisure grounds and playground after Blair Mayne, who is a hero of the second world war. It was called in because of the legal process in Northern Ireland, yet Newry, Mourne and Down District Council was able to name its play park, where children play, after a convicted terrorist who died by his own hand in the Maze. Is that right? Is that council not accountable under what the Minister has said, and can it not be made to change that name and remove it?

[James Brokenshire]

I appreciate and respect the point that the hon. Gentleman makes. He will understand that I am not familiar with all the circumstances or indeed whether it would be appropriate for me as a Minister to try to determine what a particular community would do, but obviously he makes an important point on how we reflect on the issue of building strong communities and looking beyond division and that sense of difference. Indeed, we should not be looking backward to the issues of the past, but looking forward to what I believe can be a positive, outward-looking, exciting future for Northern Ireland and all the young people who have not been touched directly by those issues of the past that sadly still, through family and through the impact of things such as paramilitarism and separation, touch Northern Ireland in this way.