Covid 19 Inquiry: Judicial Review

Debate between Joanna Cherry and Jeremy Quin

Monday 5th June 2023 Commons Chamber

[Jeremy Quin]

The circumstances are different, and my understanding is that a wider amount of information has been required. I totally understand and respect where the chair is coming from in going for a wider request involving messages from two particular individuals over a two-year period, as well as other information. That is of a different nature from some historical inquiries, which is why there is a novel point of law on which the Government seek clarification of that technical issue.

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

Ever since the Supreme Court ruled that the Prorogation of Parliament by the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) was unlawful, successive Tory Governments have been very keen to restrict the right to judicial review for ordinary members of the public who want to challenge Government actions. Does this litigation indicate a new-found enthusiasm for judicial review? Will the Government consider repealing the Judicial Review and Courts Act 2022, or is judicial review just for those such as them?

Ministerial Code: Investigation of Potential Breach

Debate between Joanna Cherry and Jeremy Quin

Tuesday 23rd May 2023 Commons Chamber

[Jeremy Quin]

The Prime Minister is gathering information to ascertain the facts. He will take a decision on the next steps from there.

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

Within the last hour, it has been reported by The Independent that the Home Secretary stands accused of fresh ministerial code breaches over undisclosed links to the Rwandan Government. As Chair of the Joint Committee on Human Rights, I have been in correspondence with the Home Secretary about well evidenced human rights concerns in Rwanda, and our Committee’s concern about plans to send asylum seekers there. The Home Secretary, it is fair to say, seems to take a rather rosy-eyed view of Rwanda’s human rights record. Does the Minister think that that has anything to do with her undisclosed links to the Rwandan Government, and will he include that potential breach of the ministerial code in any inquiry?

[Jeremy Quin]

The hon. and learned Lady knows more than me about this subject, because she has read the full article and I just saw the tweet. I cannot really comment on that. I understand it was something that the Home Secretary did with Cherie Blair and others some considerable time ago, a charitable endeavour before she entered Parliament—that is just what I got from the tweet. I cannot comment any more than that, as the hon. and learned Lady will understand.

Public Order Bill

Debate between Joanna Cherry and Jeremy Quin

Report stage
Tuesday 18th October 2022 Commons Chamber

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

I rise to speak to the amendments in my name and the name of the hon. Member for Vauxhall (Florence Eshalomi), which arise from the legislative scrutiny of the Bill by the Joint Committee on Human Rights. They are amendments 28 to 31, 33, 34 to 36, 37 to 40 and 41 to 49, and also amendments 12 to 15, which appear first in the name of my hon. Friend the Member for Glasgow North East (Anne McLaughlin), and 1 and 2.

I remind hon. Members that the Joint Committee is a cross-party Committee with half its members from the House of Commons and half from the House of Lords, and we undertake scrutiny of the human rights implications of all Bills. I speak here in my capacity as the Chair of the Committee rather than in my personal capacity. I have great sympathy for new clause 11—similar measures are being taken in the Scottish jurisdiction—but, as my Committee did not have the chance to consider it, I will not be speaking about that new clause.

The Public Order Bill contains further significant changes to the law on public order in England and Wales, following on from those introduced in the Police, Crime, Sentencing and Courts Act 2022. It is obvious from my accent that I am a Scottish MP. Despite the fact that this law only applies in England and Wales, it is of interest to a lot of Scots, because they come to London to protest—I see the Minister laughing, but it is the truth, and many of us have been doing it for years, since before we were elected to this House.

[Jeremy Quin]

I welcome that. I am a firm believer that we are stronger together and a firm believer in the Union. I always welcome hearing the views of Scots people in London, and indeed of English people who wish to protest in Edinburgh.

[Joanna Cherry]

I suspect the Minister will still hear our views after we become independent, so I would not get too upset about that.

During the passage of the Police, Crime, Sentencing and Courts Bill, the Joint Committee looked very carefully at a large volume of responses and heard from two panels of witnesses about the issue of the public order provisions. The Minister has said the stated intention of the Bill is to strengthen police powers to tackle dangerous and highly disruptive protest, but we think the measures go beyond that, to the extent that we believe they pose an unacceptable threat to the fundamental right to engage in peaceful protest. That was the conclusion of the Committee’s report dated 17 June, in which we proposed the amendments that I am speaking to today.

Oral Answers to Questions

Debate between Joanna Cherry and Jeremy Quin

Monday 10th January 2022 Commons Chamber

[Jeremy Quin]

My right hon. Friend is absolutely right. Had this been like the Nimrod situation, where £3.7 billion was wasted by the previous Government and they attempted to blame it on us, that would have been where we are, but we are not; we have a firm-price contract with General Dynamics.

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

Redford barracks in my constituency has had another stay of execution to 2025. As the UK Government seem unmoved by arguments for retaining the defence estate in Scotland, will the Minister consider transferring the land at Redford to the City of Edinburgh Council so as to offset some of the economic impact of the closure of the barracks?

Sexual Offences (Pardons Etc) Bill

Debate between Joanna Cherry and Jeremy Quin

Friday 21st October 2016 Commons Chamber

[Joanna Cherry]

It is a matter of regret that the law did not change in Scotland until 1981, but the hon. Gentleman will be aware that for many years prior to that the Crown Office had a policy of not prosecuting these offences.

[Jeremy Quin]

I was not aware, and I am grateful to be informed. It did seem extraordinary, and am pleased to hear that that was the case, although I know that the hon. and learned Lady will think that symbolism is also very important.

That it took so long is an indictment in itself, but the laws passed in here in ’67 started a long process that continued in 2015 with the Government’s welcome removal, in the Armed Forces Act 2016, of homosexuality as a ground for discharging a member of the armed forces. Changes in legislation, I hope and believe, have not only reflected a changing mood in the British people but, as the hon. Member for Central Ayrshire said, helped to reinforce and lead a change in mood—a profound change for the better.

By background, I am a historian, if a much less professional one than some of those who grace the Benches on both sides of this House. I would like to say that studying British history produces nothing other than a cosy Whiggite reassurance of the inevitable progress of a great nation, with improvements in economic, social and welfare provisions, a shift in sensibility, a growing liberal acceptance of our differences, and the humane adaption of the law—well, up to a point. However, no one can read social history and not be appalled by the attitudes of our forebears so often entrenched in laws passed by this House. Nowhere is historic injustice more apparent than in the attitude that in every aspect of life, the state had a role, and indeed an obligation, to legislate for personal morality—an attitude that Wolfenden had to fight to change. That had direct inhumane consequences, such as the offences under discussion this morning, as well as indirect victims, perhaps most poignantly those affected by the bastardy laws.

I was shocked by the speech of the hon. Member for Rhondda (Chris Bryant). I was shocked not only by the fact that he was once a Conservative—that was a welcome revelation—but by what he said about Neville Chamberlain, whom I had always rather admired. Neville Chamberlain was the person who came to this House in 1920 with legislation, which was challenging at the time, to reform the Bastardy Acts. The fact that he took the inhumane step of attacking his own Back Benchers for being homosexual shocks me, and it was a case of double standards.

We can wonder what our predecessors were thinking, but it is perhaps more sobering to consider what our successors might think of us. The historical events that we are discussing lead to a genuine and difficult dilemma. It is the role of this House to overturn injustice, to condemn bad laws and to lead the way against prejudice, but my fear in the past has been that to attempt to address all the wrongs would be an all-encompassing and overwhelming burden for the House. Focusing too much on redressing the problems of the old might prevent us from being a forward-looking Chamber doing what is needful to build a modern country. [Hon. Members: “Hear, hear.”] Hon. Members may be disappointed by what I say next. I had hoped that for those convicted of an historical offence, although it would not heal the pain of conviction or have a practical impact on the experience of having a criminal record, the knowledge that Parliament had abolished the offences would provide some succour. Two things have persuaded me that that is insufficient, however.

The first thing that has persuaded me is the Protection of Freedoms Act 2012. I recognise fully that no matter how antediluvian the legislation under which an individual was convicted, a proper process is required through which the historical record should be amended. The second thing is the royal pardon granted to Alan Turing in 2013 by Her Majesty the Queen. That royal pardon was said at the time to be an exceptional case for a truly exceptional man, and no one could disagree. Here was a man who could lay claim to being one of the founders of the modern technical age, and whose actions may well have shortened the war by two years, saving many lives—I had written tens, if not hundreds, of thousands of lives, but the hon. Member for Central Ayrshire has raised the stakes considerably and I have no reason to challenge the millions to which she referred. And yet the state that Mr Turing served so well confronted him with the choice of jail or chemical castration—a choice that, as the hon. Member for Neath (Christina Rees) pointed out, may well have led to his tragic early death.

The royal pardon—a pardon I fully endorse—gives rise to an obvious dilemma. Many hundreds of exceptional men were convicted of similar offences, as were more men who were not exceptional; they were normal, average people going about their lives. How can one be pardoned and not the rest? It is one thing to say to anyone convicted of an offence that they have been subject to grievous historical injustice but they are not alone, for they are in honoured company, but as soon as we start removing the honoured company because they are somehow special, the argument falls. It was right and proper to recognise the injustice done to Alan Turing, so it must be right and proper to recognise the injustice done to others.

I was, therefore, pleased that the manifesto on which I stood—I was going to quote it, but my hon. Friend the Member for Mid Worcestershire has already done so—made it clear that the Conservative party stood full square behind the principle of seeking reform in this area. I welcome the fact that that commitment is being made real in the other place with amendments tabled in Committee to the Policing and Crime Bill by the noble Lord Sharkey. The Government support those amendments, which substantially reproduce clauses 3(2)(c) and 3(3) of the Bill we are debating by amending the 2012 Act.

I am delighted that whether or not this Bill makes it on to the statute book, we will have the benefit of belt and braces. Some good will come of this debate. I again congratulate the hon. Member for East Dunbartonshire on introducing the Bill. It is generous of him to use his slot to introduce legislation that would have an impact only on England and Wales, and which would therefore be less likely to have an impact on his constituents. That speaks volumes about his commitment to and passion for the subject.

I understand that, however well-intentioned the Bill, the Government believe it suffers from technical flaws and that in particular it may lead to pardons automatically being granted to individuals who committed acts that remain illegal. I appreciate that Bill’s proposer has attempted to address those concerns in clause 1 and clause 2(4)(c), which specifically state that offences will be excluded from the provisions of the Bill in the event that they remain an offence on the date that it becomes law. The Bill also makes clear the requirement for consent.

My understanding is that the Government’s concern that offences that would automatically be pardoned under the Bill may not have passed the tests required under the 2012 disregard provisions. I appreciate that the Government have a difficult path to walk and would not wish to send the wrong message from this place; I am sure that they would not wish to impugn those seeking a pardon because of some isolated cases. I appreciate that the Sharkey amendment, which itself could be amended in this place, may be a less symbolic or glamourous way of securing the changes that I believe nearly all of us want to see, but it may be the most effective. Having said that, the hon. Member for East Dunbartonshire produced a possible route for addressing the Government’s concerns in Committee. I look forward to the Minister’s winding up speech.