Lesbian Visibility Week

Debate between Joanna Cherry and Rosie Winterton

Thursday 25th April 2024 Commons Chamber

[Joanna Cherry]

On a point of order, Madam Deputy Speaker—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Member for Jarrow (Kate Osborne) must really not use such language. I think she should withdraw that comment.

Illegal Migration Bill

Debate between Joanna Cherry and Rosie Winterton

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Simon Hoare]

Yesterday, my hon. Friend the Member for Stone (Sir William Cash) set out a compelling argument about the sovereignty of this place, but I share the hon. and learned Lady’s concern that I think that speaks to an earlier time of how laws were made, when it was done in a far a more leisurely way, and when this place made far fewer laws and took its time. There were no programme motions, and people could take as long as they wished to. I take her point entirely, and does that not speak to the importance of scrutiny in the other place, but also of some oversight of the courts, so that if there is error in our lawmaking, the courts can point it out and we can rectify it, as and where necessary? I fundamentally agree with the point that she makes about the importance of court oversight.

[The Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Before the hon. and learned Lady responds, I would just say that I gave some guidance. As she knows, it is not possible to impose a time limit, but guidance was to try to get in as many people as possible.

[Joanna Cherry]

I am very grateful to you for making that clear, Dame Rosie.

Just to answer the hon. Gentleman’s points, yes, I do think that in our civilised, balanced, modern democracy, in which we have proper separation of powers, the role of the courts is very important, but the role of this Chamber is also very important. I am not too bothered about the other place. It is not elected; it does not represent people. I got elected—I went to the trouble of getting elected three times—to represent my constituents, and what I have to say about this Bill is an awful lot more important than what some unelected peer has to say. I say that with all due respect to many of the peers who I think do a fantastic job in trying to fill in the holes of the absolutely appalling way in which the Government seek to pilot legislation through this Parliament.

Strikes (Minimum Service Levels) Bill

Debate between Joanna Cherry and Rosie Winterton

Committee stage
Monday 30th January 2023 Commons Chamber

[Joanna Cherry]

What the hon. Lady is saying is very interesting, but does she accept that, as we are in Europe, any analysis of the legality of these proposals has to start with article 11 of the European convention on human rights? Can she point to any country in Europe with Government-enforced minimum standards that can lead to the sacking of workers on strike? [Interruption.] The Minister should listen to the question carefully, because the answer will be on the record. Can the hon. Member for Newbury (Laura Farris) point to any other country in Europe that has Government-enforced minimum standards, without negotiation and without arbitration—

[The Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. and learned Lady will be trying to catch my eye later, and I do not want interventions to be too long.

[Joanna Cherry]

I was interrupted.

[The Chairman]

I know, and I was going to say that it is important that interventions are not interrupted. Has the hon. and learned Lady finished?

[Joanna Cherry]

Can the hon. Member for Newbury point to any country in Europe in which, as a result of Government-enforced minimum standards, without any negotiation and without any arbitration, a worker can lose his or her job, other than—wait for it—Hungary or Russia?

Elections Bill

Debate between Joanna Cherry and Rosie Winterton

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Joanna Cherry]

I am just concerned that the hon. Lady has moved on from dealing with part 4, which deals with regulation of expenditure, before answering the question put by the right hon. Member for Orkney and Shetland (Mr Carmichael), which is: what will the Government do about the recommendations made by the Committee on Standards in Public Life? The Committee published a very full report after a year of work on 7 July suggesting a number of recommendations—I think that it is 47 practical steps to modernise and streamline the way in which donations and spending are reported regularly to then enforce. Will she tell us which if any of those recommendations she will bring forward as Government amendments.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Let me gently remind colleagues that the Minister has been on her feet now for 33 minutes. I know that many colleagues want to contribute, so I am anxious that we make some progress.

Independent Review of Administrative Law

Debate between Joanna Cherry and Rosie Winterton

Thursday 18th March 2021 Commons Chamber

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

When this review was announced I corresponded with the Lord Chancellor, reminding him that our independent system of civil justice in Scotland is protected by article 19 of the treaty of Union and devolved to the Scottish Parliament, so I welcome the assurance he has given today that his proposals going forward will apply to England and Wales only. As it is my birthday, will he indulge me by joining me in celebrating another victory for Scotland’s independent legal system, which of course in 2019 led the way in ruling that the Prime Minister’s Prorogation of Parliament was unlawful?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Happy birthday.

Counter-Terrorism and Sentencing Bill

Debate between Joanna Cherry and Rosie Winterton

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Alex Cunningham]

I am grateful to the hon. and learned Lady, who has explained that far better than I could ever hope to; I very much appreciate that. Perhaps there are some MPs who need rehabilitating as well, Madam Deputy Speaker, but that is another matter.

Is it right for a person, even if they are young, who has committed a serious offence to be put in prison for a particular period of time to protect the public, without their age being considered? We have to balance this properly. How long is long enough for punishment for a young person, and how long is too long to prevent the individual being effectively rehabilitated? Those who commit serious offences will be released from prison at some point. Surely the Minister agrees that we can lessen the time that an individual spends in prison with the aim of it being core to their rehabilitation; it is indeed preferable to a longer sentence, where hostility and deep-seated mistrust of the state simply develops and grows.

We know that this legislation cuts out the role of the Parole Board from any involvement with offenders sentenced under it. I think that it is lamentable that this also applies to young offenders, who, if involved with a specialist group of experts, could benefit tremendously from that. It is not straightforward when dealing with young people, and we should not pretend it is. We need to be smart, cautious and measured. Sadly, there are always some people, young or otherwise, who will never respond to a second chance, and the judges in their cases will act accordingly, but I want the judges to be better equipped than they are at present so that when they see there is a chance that a long fixed sentence for a young person is not appropriate and does not offer the best chance of rehabilitation, they have the flexibility to do something else.

As I said in my opening remarks, there is a need for specific requirements for Northern Ireland, but I will content myself with a few short remarks on new clause 7. My hon. Friend the Member for St Helens North (Conor McGinn) has been speaking in detail with the Northern Ireland Justice Minister, Naomi Long, and all the Northern Ireland parties about how we ensure that the measures in the Bill are compatible with the unique and well-established practices in terrorism-related sentencing and policing in Northern Ireland and, as we all know, are particularly sensitive to the political dynamics in Northern Ireland while ensuring that people in that part of the UK are kept safe and secure.

The mechanism proposed in new clause 7 would give some measure of assurance to the devolved institutions that their views are being heard by the Government. The Minister was reluctant to accept this amendment in Committee, but I hope that he will look at it much more closely.

Throughout the proceedings on this Bill, I have been very grateful to have formal and informal discussions with the Minister and to receive letters clarifying some of the issues raised in Committee. Last week, in response to my query about a technical amendment relating to section 61 of Criminal Justice and Court Services Act 2000 and sentences served in young offender institutions, the Minister confirmed to me and the Bill Committee that there were no plans to change the way young adults were accommodated in the prison estate. That I very much welcome, and I would be bold enough to ask him to reiterate his guarantee that section 61 will not be enacted.

As I said at the outset, I have, throughout the Bill’s progress, talked about young people being different and the need for them to be dealt with appropriately, so I was very surprised to have it confirmed to me by the Minister that some 18, 19 and 20-year-olds were not only in the same prison as older offenders but on the same wing and sharing the same social spaces. I am assuming that this mixing does not apply to terrorist offenders, but even if it does not, that practice is totally unacceptable. I would welcome news of a plan to deal with that very real issue, which today is putting younger prisoners at considerable risk.

In conclusion, I reiterate our support for the Bill and hope that the Government will act to address the very real issues that colleagues and I have raised.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Colleagues will be aware that there are a number of speakers who want to get in this afternoon. Sir Robert Neill has withdrawn, so I will go straight to Joanna Cherry, but after that, if colleagues speak for about five minutes, that will enable us to make some progress.

[Joanna Cherry]

I will start by apologising to you, Madam Deputy Speaker, for being slightly tardy in taking up my seat for this debate. No offence was meant. It is a pleasure to follow the hon. Member for Stockton North (Alex Cunningham). As well as sharing our country of birth, we share many of the same views about the Bill.

I wish to speak to new clause 6 and amendments 35 and 36, which are tabled in my name and that of my hon. Friend the Member for East Lothian (Kenny MacAskill). I will also speak to amendments 52 to 60, which have been tabled by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). She chairs the Joint Committee on Human Rights, and the amendments reflect some concerns held by that Committee, on which I also sit, about our duty to consider the human rights aspects of any legislation that passes through the House.

The SNP has made it clear from the outset that we recognise it is the duty of any Government to keep our citizens safe and secure, and all who serve in Parliament have an obligation to assist in that endeavour. I and my colleagues in Edinburgh have assured the UK Government that we will attempt to be as constructive as possible, to ensure that the challenge of terrorism is met and that people across these islands are kept as safe is as reasonably possible. SNP Members are also mindful of our duty as parliamentarians to uphold the highest standards of human rights protections, and we have accordingly tabled a number of amendments to address the devolved aspects of the Bill, and raise some concerns about civil liberties.

Counter-terrorism is a reserved matter, but sentencing is not. The Scottish legal system, including policing, sentencing and parole, and the management of the Scottish prison service are devolved matters, and elements of the Bill that touch on those things will require a legislative consent motion. The Minister accepts that, and there are ongoing discussions with my colleague, Humza Yousaf, who is the Scottish Cabinet Secretary for Justice. Until those discussions have been resolved to the satisfaction of the Scottish Government, SNP MPs cannot give the Bill their unqualified support, but we will continue to work constructively with the Government.

We are particularly pleased that the UK Government have addressed an issue that I and my hon. Friend the Member for East Lothian raised in Committee—namely, the interplay between the new sentencing regime proposed in the Bill and the existing sentence of an order for lifelong restriction in Scotland. That unique sentence is imposed not so much for the crime committed but because the offender poses an ongoing risk. It was designed to deal with high-risk violent and sexual offenders rather than terrorists, and its purpose is to ensure that those people are not released until they are rehabilitated, and that even then they are subject to a risk management plan for the rest of their natural life.

I welcome Government amendments 9 to 16, which have been tabled to address the interplay between the new sentence and the order for lifelong restriction. As I understand it, they will ensure that an order for lifelong restriction will remain available to the Scottish courts when they are considering sentencing someone for a serious terrorist offence, provided that if an OLR is imposed instead of a serious terrorism sentence, the person sentenced must serve at least 14 years. I am pleased that the Government have taken our concerns on board, and we hope that the outstanding discussions on the legislative consent motion will have the same fruitful outcome.