Business of the House

Debate between Joanna Cherry and Angus Brendan MacNeil

Wednesday 3rd April 2019 Commons Chamber

[Joanna Cherry]

I would, and that is a point that I am coming on to address. I must point out to the hon. Gentleman, however, that the Scotland Act was indeed an unbelievable travesty because, when it passed through this House, 56 of the 59 MPs who represented Scotland here were Scottish National party MPs, yet not a single one of our amendments was accepted. So in fact, the present system can be a travesty, without having this process tacked on to it.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I do not want to wander too far from the current matter, but just a week before the independence referendum, David Cameron said that if Scotland voted to remain in the United Kingdom, all forms of devolution would be there and all would be possible. When it came to our amendments, however, none was able to be there and none was accepted.

[Joanna Cherry]

My hon. Friend is absolutely right. Many promises were made by David Cameron, Ruth Davidson and others during the Scottish independence referendum that have not been kept.

EU: Withdrawal and Future Relationship (Motions)

Debate between Joanna Cherry and Angus Brendan MacNeil

Wednesday 27th March 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I rise with the endorsement of the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), for my motion (L)—for which I am grateful to him—and that of my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who has prosecuted the issue of revocation with such vigour in the House over the past few months. I am glad to say that my motion is supported by all parties in the House. It has the official backing of the Scottish National party, the Liberal Democrats, Plaid Cymru and the Independent Group. Many Labour Members have told me that they intend to support the motion, and I hope very much that the Labour party will reconsider its decision not to whip on it.

[Angus Brendan MacNeil]

Surely anyone who has said in the House “No to no deal” must support motion (L), because it gives a mechanism to that—namely, revocation.

[Joanna Cherry]

Absolutely. If there is one thing that we can achieve this afternoon by supporting this motion, it is categorically ruling out no deal. The motion is a revocation backstop. It stipulates that if within two days of exit day we have no agreed deal and Parliament does not positively approve no deal, the Government must revoke the article 50 notice, and we will stay in the EU. But it is important to understand that revocation does not mean that we could never notify the EU of our intention to leave again. That is incorrect, as Members will see if they read the decision of the Grand Chamber in the Court of Justice of the European Union on the case that I and others brought.

European Union (Withdrawal) Act

Debate between Joanna Cherry and Angus Brendan MacNeil

Tuesday 15th January 2019 Commons Chamber

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The Attorney General admitted that there are two problems with the deal. It is a bit like a yachtsman who, when seeing his yacht on the rocks, says, “That anchor chain was great. Only two links were bad.” That is what he is giving the House. It is a disaster, and well he knows it. My second point is that he misunderstood the point made by my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown). He was not talking about fish being caught, but fish as a commodity once caught. If it is landed in Northern Ireland, it is in a more advantaged position for export to Europe than fish caught and then landed in Scotland for export to Europe. He should recognise that and be straight with my hon. Friend, which I am sure he was trying to be, but he misunderstood the point.

[Joanna Cherry (Edinburgh South West) (SNP)]

rose—

Refugee Family Reunion

Debate between Joanna Cherry and Angus Brendan MacNeil

Thursday 21st June 2018 Commons Chamber

[The Minister for Universities, Science, Research and Innovation (Mr Sam Gyimah)]

I did.

[Angus Brendan MacNeil]

Well, you’re much better than Donald Trump.

[Joanna Cherry]

Yes—credit where credit is due. That said, there is a lot more that we could do to help refugees in this country. We have heard some very thoughtful contributions about the pros and cons of doing that. I am very firmly on the side of my hon. Friend, whose Bill is a small step in the right direction, but there is still a lot more to be done.

Earlier, the hon. Member for Bristol West (Thangam Debbonaire) mentioned the size of the displacement problem that the world faces at the moment. The UNHCR reports that the world is witnessing the highest levels of displacement on record, with an unprecedented 68.5 million people forced from their homes around the world. Among those, there are nearly 22.5 million refugees, over half of whom are under the age of 18. European Union statistics show a significant increase in the number of asylum applications over the past few years, and we need only to switch on our televisions every night to see the impact of the refugee crisis on Europe and the European Union.

As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) said, current rules for family reunion in the United Kingdom are too narrowly drawn, and the private Member’s Bill before this House, and that in the other place promoted by Baroness Hamwee, who I am pleased to call a friend, try to widen eligibility. At the moment, immigration rules state that

“adult refugees in the UK can only be joined by their spouse/partner and their dependent children who are under the age of 18.”

No provision is made for dependants who are over 18 and that can—and has—resulted in, for example, a sole 18-year-old girl who has fled her country being left in a very vulnerable situation in a refugee camp. I urge hon. Members and the Government to support my hon. Friend’s Bill. It is modest but, as the hon. Member for Enfield, Southgate (Bambos Charalambous) said, it will make a significant difference to a number of people.

The Bill would expand the criteria for who qualifies as a family member for the purpose of refugee reunion, so that young people over the age of 18, and elderly parents, can live in safety with their families in the UK. It would also give unaccompanied refugee children in the UK the right to sponsor their close family to come and join them. Importantly, it would reintroduce legal aid so that refugees who have lost everything have the support they need to afford and navigate the complicated process of being reunited with their families. I ask the UK Government to support the Bill and to take a leaf out of Scotland’s book in two respects—first, because we still have legal aid in Scotland for such situations and, secondly, because of our refugee resettlement and integration programme.

I would like briefly to address the “pull or push” argument that has been mentioned this afternoon, because I am aware of two reports that emanate from this House that show no evidence for such a pull factor. The first report was written with the assistance of the Human Trafficking Foundation and published in the House of Lords last summer. It was an independent inquiry into the situation of separated and unaccompanied minors in parts of Europe. If hon. Members look at it, they will see that it found no evidence for the pull factor. Indeed, it referred back to an earlier report that was published by the Lords EU Committee in 2016, which found absolutely no evidence to support the argument for a pull factor. It said that, if there were a pull factor of the kind sometimes posited, one would expect to see evidence of that in other EU member states that participate in the family reunification directive and have more generous family reunion rules than we do. The Lords Committee, and the Human Trafficking Foundation—two separate reports, a year apart—found no evidence to that end. We should therefore proceed on the basis of evidence from reputable reports, rather than the impressions of hon. Members, important as those may be.

It is important that hon. Members visit refugee camps abroad—I visited the camps in Calais and Dunkirk when they still existed, as well as one in Palestine, and I hope to go to Jordan later this year with Lord Dubs. It is important that MPs visit those camps and bring their experiences home, but our experiences and impressions cannot substitute for evidence from careful reports.

Windrush

Debate between Joanna Cherry and Angus Brendan MacNeil

Wednesday 2nd May 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

Earlier this week, I welcomed the Home Secretary to his place and congratulated him on his appointment. I mentioned that it is a good thing he is the first BAME person to hold this great office of state, and I want to make it quite clear that the Scottish National party absolutely condemns any racist abuse he may have received from whatever quarter. As somebody who is on the receiving end of a daily diet of anti-Catholic and anti-gay abuse from the hard right in Scotland and across the UK, I know what it feels like to receive such abuse from whatever quarter, so he has my absolute support in resisting it. I thank the Home Secretary for his courtesy in explaining to me that he would not be able to stay for my speech because he has a very important Cabinet Committee meeting to attend. How much many of us would love to be a fly on the wall in that meeting.

The right hon. Member for Hastings and Rye (Amber Rudd), for whom I have a lot of respect, resigned as Secretary of State for the Home Department on account of having misled Parliament about her knowledge of the removal targets, but nobody has as yet been held to account for the policies that led to the imposition of those removal targets and caused the Windrush scandal.

Others who have Windrush constituents will speak eloquently today about the details of their position. I want to speak about the real, underlying reasons why this scandal has occurred and to say to the new Home Secretary, as represented here by his Immigration Minister, that he will be judged by this Parliament, and by the public watching outwith this Parliament, on the degree to which he has the gumption to address the underlying causes of the Windrush scandal rather than just fiddle around with the outcome.

What has happened to the Windrush generation is not an accident, it is not a mistake, it is not an aberration and it is not the work of over-zealous Home Office officials. It is, in fact, the direct result of the Prime Minister’s imposition of a wholly unrealistic net migration target and of the contortions that have to be gone through to achieve that target, which, incidentally, has as yet not been achieved.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

There is another dimension to the hostile policy, which I have seen in fishing on the west coast. It is not directly impacting on Windrush, but it is a similar aspect of the mentality at the Home Office. For eight years, we have been waiting to get non-European economic area labour in. Everybody wants the Home Office to give us a piece of paper that will keep the Home Office happy, but we just cannot get it. That is symptomatic of the Home Office that has led to Windrush.

[Joanna Cherry]

I wholly agree with my hon. Friend. There are many people in the United Kingdom at the moment who make a great contribution to our society, but who are being made to feel very unwelcome at best and are being deported at worst, simply because they cannot evidence their right to be here.

These people have come to light as a result of another policy of the Prime Minister’s—the hostile environment policy, which is a racist policy. I say that quite clearly: it is racist. When people of a certain ethnic background, or with a name that does not look British, apply for a tenancy or a job, that is when they come to light, and that is when suspicion falls upon them. It is absolutely disgraceful. That is why, at Prime Minister’s questions this morning, despite the howls of derision from Conservative Members, I asked the Prime Minister to apologise for the policies that have caused this. I am still waiting for that apology, and I will be asking for it constantly. Policy has caused this problem, not mistakes—not mistakes by officials and not even mistakes by politicians. It is the direct imposition of policy that has caused this problem.

European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Angus Brendan MacNeil

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Joanna Cherry]

Absolutely. I have with me a letter from the Deputy Chief Minister of Gibraltar, who says that he

“can confirm that the clause on the application of the Article 50 Bill to Gibraltar would be politically useful to us here. It would also follow on logically from the original consent that we already gave to the extension of the actual UK referendum Act to Gibraltar.”

I will come back to that in more detail in a moment.

[Mr MacNeil]

Before my hon. and learned Friend moves on, I think it is important to back up the hon. Member for Ilford South (Mike Gapes). Gibraltar’s connection to the United Kingdom and being British should be reflected in this House. I have visited Gibraltar, and hon. Members should think seriously about supporting his amendment because it would send a signal to Gibraltar that it is respected here, and by Members on both sides of the House. Please listen to the hon. Gentleman.

--- Later in debate ---

[Joanna Cherry]

That is called democracy. The people of Gibraltar vote for parties that wish to remain part of the United Kingdom; the people of Scotland vote for parties that wish to be independent—that is a statement of fact. I am very happy to endorse Gibraltar’s right to self-determination—just as I am happy to endorse Scotland’s, or indeed any nation’s, right to self-determination.

[Mr MacNeil]

Just on a point of clarity, it should be understood by both sides that Gibraltar is not in the United Kingdom. Gibraltar does not want to be in the United Kingdom. It wants an association with Britain, which is very different. The United Kingdom dates only from December 1922. Britain is little bitty older than that. Gibraltar does not have a Member in this Parliament because it is not in the United Kingdom. It has an association with the United Kingdom. It is independent of the United Kingdom. That is something I would quite like for Scotland: British, but not in the UK.

[Joanna Cherry]

I am very grateful to my hon. Friend, who, like the hon. Member for Ilford South (Mike Gapes), has a long association with Gibraltar, for clarifying the situation for those who appeared not to be aware of it.

--- Later in debate ---

[Joanna Cherry]

I am going to make a bit of progress because I am conscious that a lot of other people are wishing to speak, and, as I said, I want to move on to deal with our amendments on the topic of Gibraltar.

As the hon. Member for Ilford South pointed out, Gibraltar was covered by the European Union Referendum Act 2015. Section 12(1) of the Act extended to the United Kingdom and Gibraltar. There was an over-whelming vote in Gibraltar to remain. When Fabian Picardo, the Chief Minister of Gibraltar, gave evidence to the Committee on Exiting the European Union, he explained that Gibraltar already has a differential agreement whereby it is in the EU but not in the customs union. This has been working well for the people of Gibraltar. They would like to be involved in a Brexit deal that guaranteed continued access to the single market. They do not want to be forgotten. In the letter I quoted earlier, the Gibraltarian Government support these amendments to get Gibraltar brought within the ambit of the Bill so that Gibraltar’s interests can be taken into account in the triggering of article 50.

Will the Minister tell us why Gibraltar was omitted from the Bill? Was it, God forbid, an oversight—if so, the Government now have the opportunity to correct that, with the assistance of the SNP—or was it a deliberate omission of Gibraltar from the ambit of the Bill? If it was a deliberate omission, how does that sit with assurances that the British Government have been giving to Gibraltar that its interests will be protected?

The hon. Member for Ilford South will speak with greater knowledge than I can about Gibraltar. The purpose of the amendments is to ensure that Gibraltar is not forgotten. We feel that there may have been an oversight, so we are attempting to provide assistance. However, if there has not been an oversight and the omission is deliberate, we need to know why and hon. Members need to consider whether it is appropriate to rectify the situation.

A number of other amendments would ameliorate the Bill. The hon. Member for Sheffield Central (Paul Blomfield) spoke ably from the Front Bench about new clause 2 and other amendments. I find new clause 2 to be slightly disappointing, because it does not enumerate the interests of Scotland as a particular consideration to be taken into account. We are not going to push new clause 145 to a vote, because we are hopeful that today’s Joint Ministerial Committee might have a fruitful outcome.

[Mr MacNeil]

I am grateful to my hon. and learned Friend for taking Scotland into account. I hope that the promise made by the Prime Minister on 15 July will have greater gravity than that made by the previous Prime Minister on 10 September 2014, when David Cameron said on “Channel 4 News” that if Scotland voted to remain in the UK, all forms of devolution were there and all were possible. Yet when it came to the Scotland Bill—by this time, my hon. and learned Friend was a Member of Parliament—none of the amendments were taken, showing that none of the forms of devolution were there and none were possible. We have had one broken promise by the previous Prime Minister; let us hope that this Prime Minister can keep her word.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. I give the hon. Gentleman a lot of leeway, but it is this Bill that we are discussing right now. We cannot go on to previous Prime Ministers and previous Bills. I am sure that the hon. and learned Member for Edinburgh South West (Joanna Cherry), whose legal expertise is among the best in the House, will find a way of saying what she wants to say.

Europe, Human Rights and Keeping People Safe at Home and Abroad

Debate between Joanna Cherry and Angus Brendan MacNeil

Tuesday 24th May 2016 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I rise to address the issue of human rights. I am not as reassured as the right hon. and learned Member for Rushcliffe (Mr Clarke) is by the Queen’s Speech, because it is still the Government’s avowed intention to introduce what they call a British Bill of Rights and to reform human rights law, and there has been no undertaking that the Human Rights Act will not be repealed. However, I have some good news for those in the House who wish to save the Human Rights Act: it is not possible for this Parliament to repeal the Human Rights Act and replace it with a British Bill of Rights without the consent of the Scottish Parliament, and, given the make-up of the present Scottish Parliament, there is absolutely no question of that consent being granted.

Two years ago, during the independence referendum, the Prime Minister invited Scotland not to leave but to lead the United Kingdom. Perhaps he should be careful what he wishes for in future, because, given the nature of the devolved settlement, the Scottish Parliament will now be in a positon to lead the United Kingdom by saving the Human Rights Act for the whole of the UK.

[Mr MacNeil]

Although we in the SNP can perhaps claim credit for saving the Human Rights Act, the Conservatives should not be shy of taking some pride from its authorship. Indeed, a Conservative MP, Sir David Maxwell Fyfe, was one of the lead drafters of the European convention on human rights. He did so having been a Nuremberg prosecutor, and as a response to the rise of communism in eastern Europe. The Conservatives had a lot to do with that safety mechanism for the citizen, and it ill behoves them to try to change it.

[Joanna Cherry]

My hon. Friend is absolutely right. To move to more modern times, when the Human Rights Act was passed by a Labour Government in 1998, it was intended to be a floor rather than a ceiling for human rights across the United Kingdom. The devolved Parliaments can go further if they so choose, and in Scotland we have chosen to do that, so complying with the European convention is not the limit of our ambitions. In fact, I would say that a key challenge for progressive Governments is to find ways not to avoid human rights responsibilities but to embed human rights across different areas of social policy.