(8 months, 1 week ago)
Commons ChamberI thank my hon. Friend for his powerful question. I am going to deal, if I may, with his point about a public inquiry, because I know that there are some who are asking whether that would be appropriate. Will my hon. Friend take it from me that, at the moment—bearing in mind that the report landed less than a week ago—I am determined to drive forward the actions that are needed on the ground to help children and young people? We have had a four-year review into this—Dr Cass has gathered a great deal of evidence and it is a very thorough review—and so, for the moment, I want to concentrate on implementing the recommendations and on ensuring that the services are brought up to the standards that my hon. Friend rightly understands.
On my hon. Friend’s second point, of course I will liaise with my colleagues in the Department for Education. This is about helping all public sector professionals to ensure that they are acting on the evidence, as set out in the Cass review, for the sake of our children and young people.
I warmly welcome this statement; that is not something that the Secretary of State will often hear from me. As she said, the Cass report has vindicated the concerns of many whistleblowers, including feminists and LGB activists, who warned of the consequences for children of unevidenced medical interventions and the ideological capture of the NHS. For doing so, we—because I was part of this—were defamed and hounded by organisations that many of us had formerly supported, like Stonewall, Mermaids, PinkNews, which I had to sue for defamation, and the misnamed Equality Network in Scotland. To their shame, Members of this House and Members of the other place joined in with that bullying and group-think.
While I hear what the Secretary of State has to say about a public inquiry, and about her immediate focus being on implementing the recommendations, it seems to me that we do need a public inquiry into how this institutional capture happened in our public bodies—as we all know, it is not just the NHS—because we need to make sure that never again do ideologues of any sort, or science deniers, take hold of our public institutions. When the Secretary of State is done with implementing the recommendations, or as she is doing that, will she support the movement for a public inquiry into these matters?
I am conscious that I have just answered that, but may I put on the record my thanks and respect for everything that the hon. and learned Lady has done in this field? She has at times had to walk a very, very lonely path, and I find it extraordinary that parliamentarians—who are elected to represent the best interests of our constituents, and indeed of our countries—would find themselves under that sort of pressure for simply stating biological fact. I hope that the hon. and learned Lady will be working with me to ensure that the recommendations in the Cass review are applied not just in England but in Scotland, in Wales and in Northern Ireland.
(2 years, 11 months ago)
Commons ChamberI thank my hon. Friend for all the hard work and diligence she has shown in representing her constituents, who understandably have real concerns about their family members. I will happily meet her to discuss the matter. Because the launching of the scheme is such a significant event and many, many constituents throughout the country have contacted their Members of Parliament, it will take us a little bit of time to sort through individual cases, but I am happy to meet my hon. Friend to clarify the situation and to see whether we can make progress. As I say, people who are already here in the United Kingdom will be on the pathway to settlement because we have worked so quickly after Operation Pitting.
May I raise with the Minister again the particular vulnerability of women who were formerly judges and prosecutors in Afghanistan? She knows that I have been working with Marzia Babakarkhail, a former judge who is in the United Kingdom and is in touch with many of these women. The Minister said that some will have already come to the United Kingdom, but my understanding is that they are mainly very senior judges who were based in Kabul, at the heart of things; Marzia is particularly concerned about female judges and prosecutors in the provinces of Afghanistan. Will the Minister take some time to meet me and Marzia to discuss how the United Kingdom can help these women, whether by bringing them here or by helping them to get to a third country? Will she afford some time for such a meeting?
I would be happy to do so. The hon. and learned Lady makes an important point. She has got the point, if I may say so, that sadly we will not be able to help every Afghan judge, but if we can signpost them to other countries that may be able to help, we will of course be pleased and keen to do so.
(3 years, 3 months ago)
Commons ChamberThe hon. Gentleman shakes his head, but the reality for many councils is that we are in negotiations with them and they wanted, understandably, to know the funding. We have now been able to provide them with an answer, and we will be able to unlock more offers of help. On the wider issue of correspondence, as I have said, we will log emails as they have come in, but I cannot give updates that I do not have because of the security situation in Afghanistan. I hope the hon. Gentleman will deploy the energy he has shown in this Chamber to persuading his local council to offer more permanent housing.
I was pleased to hear the Minister mention in her statement that judges and women’s rights activists may be among those who would get priority, but the situation for female judges on the ground in Afghanistan is dire. There are about 220 of them, and they are trapped there in immediate fear of their lives. These people are desperate, and they have been on the phone to colleagues in the United Kingdom in tears every night. Basically, these women are waiting to be killed, so my question for the Minister is this. She says in her statement that one of the ways the Government are going to implement the scheme is to
“work with international partners and non-governmental organisations in the region to put in place a referral process for those inside Afghanistan, where it is possible to arrange safe passage”.
Can she tell me whether these discussions are taking place and are taking place with the appropriate urgency in relation to the female judges trapped in Afghanistan, and can she confirm that these women will be welcome in the United Kingdom?
I have already met the UNHCR to discuss with it that element of the scheme and how it can help with other parts of the scheme. Conversations with other NGOs are, of course, ongoing, and I will keep the House updated as progress is made.
(5 years, 5 months ago)
Commons ChamberI thank my right hon. Friend for her sterling work chairing the Committee. She has given so much time, effort and service to the House in doing so, and I am extremely grateful. It was a pleasure when she agreed to chair it, because I knew not only that it would be chaired well, but that the Committee would leave no stone unturned in its scrutiny of this Bill and of the Government’s action. Again, I place on record my thanks to members of that Committee.
I also thank my right hon. Friend for raising the issue of migrant women. She knows, as the Committee does from the evidence it has taken, just how complex this issue is. She has alighted on the point about possible abuse of the system. That is one of the many factors that the Government must consider as part of their review, and it is fair to say, from meetings and roundtables that I and other Ministers have held with hon. Members and stakeholders on this issue, that everyone recognises that we need to deal with it, but in a sensitive way that does not have the potential for unintended consequences. I am delighted to put on record the fact that women who are victims of domestic abuse are just that—victims of domestic abuse—regardless of their migration or other status.
I thank the Minister for advance sight of her statement, and for the courtesy that she and the other Minister, the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar), have afforded me in this regard. I welcome the introduction of the Bill. In general, the matters it covers are devolved to Scotland and, as she alluded to, Scotland passed a domestic abuse consolidation Bill last year, providing for statutory offences and for some changes on criminal procedure, evidence, sentencing and special measures. I am pleased to see England and Wales follow suit, and I particularly wish to applaud the Joint Committee’s work. It noted that there is much to be learned from the devolved Administrations regarding guidance, training and multi-agency working, and I would like the Minister to confirm that the Government will follow that advice.
I hear what the Minister says about the Istanbul convention, but it is disappointing that the UK Government have yet to ratify it, despite the fact that the Bill introduced by my former colleague Eilidh Whiteford on ratifying it is law. So will the Minister confirm that that is going to be done and make a statement on her intention to do so before the recess, giving us a bit more detail on that? I realise that it is not an entirely straightforward procedure, but we are rather overdue with our ratification.
My hon. Friend the Member for Central Ayrshire (Dr Whitford) has tirelessly campaigned on the issue of universal credit separate payments. The Bill is explicitly making economic abuse a form of domestic abuse, but the current system of a single UC payment by default can facilitate economic coercion. The Joint Committee notes that the Select Committee on Work and Pensions recommended that the Department for Work and Pensions should use the Scottish Government’s intention to introduce split payments by default as an opportunity to “test and learn” the different possible approaches to splitting payments and whether they would help survivors in this area. Will the Minister commit to introducing default separate payments in universal credit, and will she do that before recess?
Finally, I note what has been said about migrant women and welcome the points made so far. However, it was alarming that the Joint Committee heard evidence that some police forces share details of victims with the Home Office for the purpose of immigration control, rather than to help the victim to access appropriate support. The Joint Committee recommended that the Home Office policy should be robust and should be developed to determine the actions that may be taken by immigration authorities with respect to victims of crime who have approached the public authorities for protection and support. The Joint Committee also supported the Step Up Migrant Women campaign recommendation that a firewall be established at the levels of policy and practice to separate the reporting of crime from access to support services. Can the Minister give me some comfort that the Home Office will take those recommendations on board and that migrant women who seek help because of domestic abuse will not be shopped to the immigration authorities?
I thank the hon. and learned Lady for her kind words about the Bill, and I thank the Scottish Government for responding and working so quickly with the UK Government to ensure that legislative consent motions will be passed when they are needed. I am always happy to acknowledge best practice and good practice wherever it happens; indeed, I intend to copy it quite shamelessly, where appropriate. I thank the hon. and learned Lady for her efforts.
We now publish annual reports on progress towards ratification of the Istanbul convention, with the next one due by the end of October. The fact that the law in each part of the UK needs to be compliant with the provisions of the convention before the UK as a whole can ratify it has led to some of the delay that the hon. and learned Lady set out, but it is absolutely our intention that the Bill will help us to arrive at that destination.
On universal credit, we are working with the Scottish Government to establish the practicalities of delivering split payments in Scotland, and we will further observe their implementation when that occurs. We think that around 60% of universal credit claimants are the main carer, who tends to be the woman in the relationship. We are keen to ensure that, because Jobcentre Plus can be the first touchstone, as it were, between a victim and the state, the staff there are properly trained to recognise the symptoms of someone in an abusive relationship. That could be a positive turn of events to help to ensure that when victims come into contact with the state, they are recognised and identified, and then, as it were, scooped up and helped.
(5 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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My hon. Friend feels—and, in fairness, has campaigned—strongly on this subject. I have read the report. She will appreciate that given the timing, I am constrained in what I can say, but I would be very happy to meet her. I should have said in my initial answer that I had the privilege of meeting Ms Woodhouse last year; she described to me in great detail her experiences as a child, and their impact on her as an adult. I very much valued the time she gave for that meeting. I look forward to meeting my hon. Friend and others to discuss their views on the disclosure regime, and any submissions that they wish to make to Ministers.
Sammy Woodhouse is to be commended for her courage and fortitude. Her campaign reminds us of the complex nature of child sexual abuse and its long-lasting consequences. She makes a very important point when she says that fear of being prosecuted may prevent victims from coming forward, and that criminal records may prevent survivors from moving on with their life.
Conscious of your warning, Mr Speaker, I will not say anything about the case in hand, but I point out that my colleagues in the Scottish Government are committed to preventing and tackling child sex abuse through a range of actions. Of course, grooming is a major issue; Police Scotland has emphasised that it is important that children should not be deterred from coming forward by a fear of having broken the law, and I know that the Minister will agree. In Scotland yesterday, Police Scotland launched the Stop it Now! campaign, which aims to drive home the message that the online grooming of children and young people is illegal and causes huge harm. This is one of the many areas where we really need to drive home the message that it is illegal for adults to have sexual conversations, online or offline, with young people. Does the Minister agree with the aims of the campaign to stop online and offline grooming in Scotland, and will she pledge her support for it?
(5 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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My right hon. Friend has made a very important point. The use of body-worn cameras enables officers to use their stop-and-search powers with even greater confidence than they had before. Interestingly, the chief constable of Merseyside told us yesterday that since his officers have started using body-worn cameras, the volume of complaints about stop-and-search has decreased dramatically: I think he said that there were about seven last year. This is the point of stop-and-search. If we target it correctly and officers are stopping people when they believe that a search meets the test of being proportionate and necessary, that will not just help them to catch those who are carrying knives, but will, I hope, give confidence to communities.
I thank the Minister for explaining why the Home Secretary is not here to answer this question, but there can be no doubt that the Home Secretary faces a massive crisis on his doorstep. We have heard repeatedly in recent weeks about how the public health approach to knife crime has worked not just in Glasgow, but across Scotland, where knife crime has greatly reduced and crimes of handling an offensive weapon have decreased by 64% over the last 10 years. The evidence speaks for itself, and the World Health Organisation has commended this approach, so I want to know why there is not more of a sense of urgency on the part of this Government about following the public health approach.
The Prime Minister’s comments that police numbers on the streets have not been a factor in this crisis have been met with significant criticism and fly in the face of what experts such as Cressida Dick have told us. By contrast, Scotland has a better record on police numbers: in 2018 in Scotland there were about 32 officers per 10,000 of population, compared with only 21 officers per 10,000 of population in England and Wales. So does the Minister agree that the Home Secretary should take immediate steps to match the ratio of police to population figures that we have in Scotland?
(5 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I thank my hon. Friend for her question. She demonstrates the range and depth of views, and the passion with which they are held, across the House on this topic of abortion. I am grateful to her for reminding us that this Bill is, as it says in the title, a draft Domestic Abuse Bill. I very much note her observations about the political structure in Northern Ireland. Again, I am not sure that this urgent question is the forum in which any changes to that are going to happen. I am grateful to her for her question, which underlines that we have to keep in mind the subject matter of this Bill; we are trying to tackle domestic abuse here.
The situation in Northern Ireland as regards women’s rights, particularly on abortion, is deplorable and requires addressing. However, this Bill could never have been UK-wide, because civil and criminal justice are devolved to Scotland. Indeed, last year Scotland passed its own Domestic Abuse (Scotland) Act 2018, which has already significantly strengthened statutory definitions and protections in respect of domestic violence, for example, by recognising the offence of coercive control.
There is much to be welcomed in the UK Government’s Bill, but I am pleased to hear that they are putting it through pre-legislative scrutiny, which we hope signifies that they are willing to listen to genuine concerns from Members from across the House. There are some UK-wide issues that this Government could and should legislate on. My hon. Friend the Member for Central Ayrshire (Dr Whitford) has led the campaign calling for default separate payments in universal credit, to protect the victims of domestic abuse from financial coercion. Scottish National party Members were dismayed that that was dismissed out of hand by the Secretary of State for Work and Pensions. Will the Minister speak to her counterpart at the Department for Work and Pensions so as to urgently introduce default separate payments or at least to create provision for the Scottish Government to do that, because of course that is one of the many aspects of welfare powers that are not yet devolved?
As has been mentioned by others, the insecure immigration status of women who are victims of domestic violence also needs addressing. I want to know what the Minister is doing to extend the eligibility of the destitute domestic violence concession, so that it supports more migrant women. More generally, what discussions will she have with her counterparts to support migrant women, throughout the UK, who are victims of domestic abuse?
I am very grateful to the hon. and learned Lady for her astute and concise analysis of the legal position. May I put on the record the UK Government’s thanks to the Scottish Government for the work they do with us on this and other associated crimes, such as stalking and harassment?
The hon. and learned Lady is absolutely right. I hope the House realises that we are being very open and transparent about the process for this Bill. It is a draft Bill specifically so that there can be a Joint Committee of both Houses—I think it is fair to say that this is an unusual level of scrutiny for the House—to look at the detail of the Bill and see whether improvements can be made.
On the specific issue of universal credit, I very much know about the issues that have been raised on these Benches. There is already a range of special provisions for victims of domestic abuse—for example, temporary accommodation, easements, same-day advances and signposting to expert support. However, I welcome the recent measures introduced by my right hon. Friend the Secretary of State for Work and Pensions regarding payments to the primary carer.
We will continue to work on this together, but I would make this observation. Those of us who take a particular interest in this subject all know that economic abuse, like all forms of domestic abuse, has no regard to income levels, job status or whatever. We must make sure that our answers are right not just for those on low incomes, but for women who do not need to have recourse to the welfare system.
(6 years, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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The independent monitoring board also found that the use of force against people in Brook House increased by more than 160% in the two years between 2015 and 2017. Was the Home Secretary aware of that finding in the independent monitoring board’s report before he announced the renewal of G4S’s contract? If so, why did he renew it? These immigration detainees are not criminals, and there is growing anger at the Government’s policy of detaining them in detention centres without any fixed time limit. Will the Minister commit now to allowing Parliament a vote on this inhumane and unjust policy?
The new Home Secretary has reviewed the evidence put before him and agreed with the short-term extension of the contract. We are clear that, following the two reviews that we hope will report over the next few months, we will be able to ensure that the procurement process meets the expectations of the House and of those outside it.
On G4S, as soon as the “Panorama” programme was aired, the Government set out clear expectations in our action plan. We have carried out a range of actions to meet the expectations set in that action plan, including improved training for staff and enhanced staffing levels, with recruitment and training plans in place.
(6 years, 8 months ago)
Commons ChamberAt the weekend, I attended an event in Edinburgh organised by the Faculty of Advocates’ Tumbling Lassie Committee to commemorate the Scottish judiciary’s rejection of slavery in the 17th century and, more importantly, to raise funds for charities working in Scotland at the moment, such as Community Safety Glasgow’s TARA service—the trafficking awareness raising alliance—which provides a wonderful service for trafficked women who have been sexually exploited. Does the Minister agree that Governments should do everything they can to support the victims of modern slavery and human trafficking?
I agree. Indeed, when the Prime Minister was Home Secretary, she undertook the massive piece of work that became the Modern Slavery Act 2015, which is universally recognised. When I have the opportunity to discuss this with our international partners, I find that the Act is universally recognised as being world-leading. The issue will very much continue to be a priority for the Government and we will continue to give victims the support they need.
The problem with the Modern Slavery Act is that it does not actually place a duty on the UK Government—unlike the Human Trafficking and Exploitation (Scotland) Act 2015, passed by the Scottish Parliament, which places a specific duty on Scottish Ministers to provide the sort of support and assistance that we are talking about. I am aware that there is a private Member’s Bill going forward in the other place at the moment, but can the Minister tell us whether her Government have any plans to amend the Modern Slavery Act to bring it up to the standard of the Scottish Government’s Act?
The hon. and learned Lady is referring to section 50 of the Act, which provides for regulations. Those regulations are being reviewed at the moment—indeed, we have been in contact with the noble Lord who brought that private Member’s Bill before the other place. The regulations are very much under review. We are conscious that, as crime and criminal gangs change, we must keep up to date with our response, too.
(6 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I thank my hon. Friend for his question. Of course, any group of people who are the victims of hate crime as a result of their religious beliefs deserve our sympathy and also our action. I, like him, condemn any form of anti-Semitism. I know that the police are as focused on that form of crime as they are on any other form of religious hate crime.
I congratulate the hon. Member for Bolton South East (Yasmin Qureshi) on securing this urgent question, and reassure her, and the rest of the House, that the Scottish National party joins in the condemnation of Islamophobia in the strongest possible terms? We believe that there is no excuse for any sort of hate crime, and we were as concerned as everyone else in this House to see the significant rise in hate crime statistics in England and Wales last year. We note that that followed a spike in hate crime figures around the time of the EU referendum, and as others have said, this is happening alongside a significant rise in right-wing extremism.
In Scotland, the police are committed to making victims, witnesses and partner agencies feel more confident in reporting hate crime, and they do so through a variety of methods, including a network of third party reporting centres. In Scotland, a senior judge has been appointed to lead an independent review of hate crime legislation, and he will be reporting to the Scottish Government later this year. What reassurance can the Minister give us that similar steps are being taken in the rest of the UK, where hate crime is rising, and in particular that similar steps are being taken to tackle the specific problem at issue here, which is Islamophobia?
I thank the hon. and learned Lady for her question and, indeed, for her contribution in relation to what is happening in Scotland. We very much look at how we tackle hate crime, particularly through our hate crime action plan, which was published in 2016 and will be refreshed this year. Its range of actions include: funding for security for places of worship; the disaggregation of religion-based hate crime data; taking further action in relation to education so that teachers can have sometimes difficult conversations with their students about beliefs and words; and funding programmes through the Anne Frank Trust and Streetwise. We are determined to ensure that our action in relation to hate crime is up to date and current.
(6 years, 9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I must admit I am naturally cautious about the state interfering—or rather, because “interfering” is too pejorative a term, about the reach of the state into family life. Of course it is justified on occasion, but at the moment I do not have enough evidence to suggest that the rate of withdrawal would be very high; we simply do not know at the moment. Also, we should try to take parents with us. There is a lack of understanding about the education intended for primary school children about relationships and respect. We need to explain that more, so that when children start to receive that education people understand the boundaries of what their seven, eight or nine-year-old will hear in school. I would naturally just pause before setting out such legislation to make it mandatory, before we have evidence about how many families are going to withdraw.
To move on to the legal framework, there are of course criminal laws that prohibit sexual harassment, assault and rape. They include the Protection from Harassment Act 1997, which could cover sexual harassment, as well as the Sexual Offences Act 2003 and the Public Order Act 1986. We want women to know that those protections are there for them in law. It is also vital that when women and girls report their experiences they feel that they are treated with dignity and respect. We have recognised in our violence against women and girls strategy the gendered nature of crimes such as domestic abuse, sexual violence, so-called honour-based violence and stalking. As I have said, we have committed more than £100 million over this spending review period for critical services for victims of those crimes. We are committed to ensuring that victims of sexual assault have access to the specialist support that they need. We are also ensuring that the police and Crown Prosecution Service use the powers that they have to charge and prosecute for the abhorrent practice of upskirting. We are reviewing those powers to ensure that they are still fit for purpose.
Laws need to keep pace with modern life—and upskirting is, indeed, an example of that. We are determined that the internet should not be a safe place for those who carry out threatening or abusive behaviour online, whoever is being targeted. The Government are clear that what is illegal offline is illegal online.
The Minister is being generous in giving way. I apologise for not being here earlier, as I was in Committee. She will be aware of Amnesty International’s research into abuse of female MPs, which was published last year when I, along with the Home Secretary and the shadow Home Secretary, were listed among the most abused UK female MPs. A lot of that abuse is misogynistic. What are the Government doing to address the abuse that is directed towards female MPs? We all know that the shadow Home Secretary gets by far the worst of it, but as the second most abused female MP in the UK I find the degree of homophobia, misogyny and anti-Catholic abuse that I must tolerate online quite shocking.
That is disgraceful to hear. It comes to something, does it not, when colleagues have a league table of the people who receive the most abuse? It is a sorry sign, and the Prime Minister is absolutely committed to tackling the problem. The hon. and learned Lady may recall that on the day of the centenary of women’s suffrage, the Prime Minister announced that we have commissioned the Law Commission to launch a review of the current legislation on offensive online communications to ensure that laws are up to date with technology. We have tackled the question of the treatment of women in public life—it is not just women Members in this place; we know that women who have any sort of high profile, whether through business, television or whatever, sadly get their share of abuse.
I was rather surprised when I gave an interview on that day and the person interviewing me asked me why I was not on Twitter. I said, very matter-of-factly, “I came off it because I got fed up with the abuse.” I thought no more of it; I did it quite some time ago. That seemed to attract attention. The reason I raise it is that I would like to emphasise to anyone who may be thinking of standing for public life that they do not have to be on Twitter if they do not want to be. If they want to be, fine, but equally it is not mandatory to be on Twitter if they do not want that side of things. There are other social media platforms, all of which I am sure everyone is very aware of.
I take the Minister’s point that nobody has to be on Twitter, but does she agree with me that women in all walks of life should not feel forced off Twitter because they are abused simply for having the effrontery to hold a view and to articulate it?
I would not describe myself as feeling forced to leave Twitter; I just took the decision. That is the point I am trying to get across. We are all trying, on a cross-party basis, to attract more women into politics. There is a great campaign called 50:50 Parliament, which is encouraging more women to stand, not just in national Parliament but in local councils and so on. I am just saying that there are many ways of doing this job, and it is one’s own choice.
(7 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The hon. Gentleman has pre-empted me; I was going to deal with that at the end, but I will deal with it now. We have no plans to reintroduce the post-study work visa. The hon. and learned Member for Edinburgh South West (Joanna Cherry) was quite right to talk about evidence, and I thank her for her kind comments, but evidence from previous schemes showed that large numbers of people were undertaking low-skilled work. We now have the much more targeted tier 2 scheme, so that when graduates leave UK universities we know that they go into highly skilled jobs, using the skills that they have developed at university. Indeed, the evidence goes even further: we found that in October 2010, three in five users of the post-study work visa were in unskilled work. A 2014 analysis of migrants who had switched from the tier 1 post-study work category to the tier 1 entrepreneurial category found that the majority had no declared economic activity or were working in breach of their conditions of stay. That is why we are focusing on skills and productivity— precisely because we hope that students who come to our universities will deliver those skills and will be able to contribute.
I am conscious of time, so I thank all hon. Members who have contributed to this debate and I reassure them that the Government are clear that carefully controlled economic migration benefits our economy. It is vital for our country’s prosperity that we select and attract the right mix of skills to the UK, ensuring that we continue to support wealth creation, employment and productivity. We know that migration supports United Kingdom growth by allowing employers greater choice and enhancing the labour market’s ability to respond quickly to capacity constraints. I listened carefully to the comments of my hon. Friend the Member for South Suffolk (James Cartlidge) on the concerns of local employers. I hope that the independent Migration Advisory Committee report will draw on those views, so that in September 2018 we will have an evidenced-based report on what our migration system should look like.
Migrants do not just bring the skills needed but enhance our society and contribute to British life. However, we must strike a balance. We need to attract migrant labour, which boosts our economy, while ensuring that migration does not reach unmanageable levels to the detriment of domestic labour, skills and local communities. Our commitment to reducing net migration to sustainable levels must be balanced by our determination to ensure that UK businesses have the labour force that they need. Our immigration system must strike that balance.
I was most interested to hear the speech of the hon. Member for Stretford and Urmston (Kate Green), particularly as she is the chair of the all-party parliamentary group on migration. She mentioned skills; in setting in our immigration policy we have followed the advice of the independent Migration Advisory Committee, particularly when it comes to drawing up the shortage occupation list. Again, we will look at the evidence of the committee’s report in September 2018.
The hon. Member for Glasgow East (David Linden) and the hon. and learned Member for Edinburgh South West both mentioned Scotland having its own immigration system. I make the simple point that the United Kingdom is united: there is free movement between England Wales and England and Scotland. The whole point of having a united immigration policy is to keep our kingdom united. I know that that does not play with the views of the—
Will the hon. and learned Lady forgive me if I do not, as I know that my right hon. Friend the Member for Forest of Dean wants to speak for two minutes at the end? I just wanted to make the point that we have freedom of movement in the United Kingdom.
I am grateful to my hon. Friend the Member for Angus (Kirstene Hair) for raising the issue of agricultural workers. That is being kept under review, and the Immigration Minister is visiting many members of the agricultural sector to discuss those concerns. We note in passing that the latest labour market statistics from the Office for National Statistics show that more EU nationals are coming to this country to work than ever before. That is why we have not implemented a seasonal agricultural workers scheme, but that is kept under review and we will listen carefully to the National Farmers Union and others.
The hon. Member for Ealing Central and Acton (Dr Huq) mentioned curry, students and fruit picking. We have already dealt with fruit picking, but I am delighted that she raised the subject of curry. Curry chefs are not subject to the freedom of movement rules that EU chefs enjoy. We do not want to discriminate between non-EU and EU migrants. There will be a system for all our international partners. I make no promises as to how that will impact curry chefs in particular, but the point is that we will be free of that current difference between EU and non-EU citizens because we are leaving the European Union.
The hon. and learned Member for Edinburgh South West spoke about the post-study work visa issue; I have already answered that point by way of an intervention. We continue to review our immigration arrangements regularly, and we are committed to ensuring that the system continues to serve the national interest.
Very quickly, on the point about the immigration Bill and rules, which was raised by a number of hon. Members, the MAC report is due to report in September 2018. The immigration Bill will be drafted before then; it will be about dealing with the European Union (Withdrawal) Bill repealing freedom of movement. The detail of EU migration policy that will apply to EU nationals will be set out in immigration rules. The report is a very important part of creating those rules. I hope that the Bill will come next year; it will set out the framework within which those rules will work.
Mr Hosie, I want to give my right hon. Friend the Member for Forest of Dean time to make his closing remarks. It has been a pleasure to listen to this debate and to the informative contributions; they have made for a very interesting morning. Allow me to finish with this thought: we all know that successful businesses are essential to the success of our economy. It is through successful businesses that we have employment, pay packets and prosperity, which is precisely why the Government established its immigration policy, and measures such as its modern industrial strategy and flexible working arrangements, through universal credit for example. I hope that that will have an impact on bringing people into the job market. All those policies draw together to try to ensure that the United Kingdom remains a great place to do business. We welcome the contribution that migrants have made historically, and will make in future.
(8 years, 6 months ago)
Commons ChamberWill the right hon. and learned Lady give way?
(8 years, 7 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Owen. Clause 195 deals with the terms and conditions of appointment for judicial commissioners, and amendments 745 and 746 address the term of the appointment. The Bill provides for the judicial commissioners to be appointed for short terms of three years, subject to a potential rolling renewal. The amendments would extend the length of term served to six years and remove the prospect of renewal. The thinking behind that is that secure judicial tenure is designed and recognised as one of the key safeguards of judicial independence.
The provision for the judicial commissioners to be appointed by the Prime Minister and for their terms to be short and subject to renewal only at the discretion of the Prime Minister could pose a significant barrier to the commissioners’ functional or apparent independence. Three years is a very short term, and a judicial commissioner wishing to extend his or her term may be influenced in their behaviour by a desire to please the current Administration. In saying that, I take fully on board the fact that an extremely distinguished English judge, Lord Judge, has said that that is unlikely to happen, but he cannot speak for other judges or the future, just as this Government cannot speak for future Governments. That is why judicial independence is so important.
We may feel complacent about judicial independence at present. I do not mean to be pejorative about the English system, but I like to think we have proper judicial independence in Scotland—as I said earlier, judges are appointed by Her Majesty the Queen on the recommendation of the First Minister after they have consulted the Lord President and after the Judicial Appointments Board for Scotland has made a recommendation. We have judicial independence under the current system in Scotland, but those judges are of course appointed for an indefinite term, until such time as they have to retire. Under the Bill, the plan is to have judges appointed by the Prime Minister. I have heard what the Government say, but without the further safeguards we have just been discussing, judges will be appointed for very short periods of three years, at which time their renewal will come up. If the amendments are made, the term of appointment will be six years, which is probably quite long enough to be doing this sort of important and taxing work, and there will be no renewal thereafter.
The six-year terms would allow the commissioners to develop their expertise and avoid any concerns about stagnation. Importantly, six-year terms would ensure that the judicial commissioners’ tenure does not undermine their crucial independence from the Government, and the perception of their independence from the Government and from the officers, agencies and public bodies they are monitoring.
It is a pleasure to serve under your chairmanship, Mr Owen.
The point of the three-year term is surely that the Government are hoping to recruit High Court judges at the very top of their game—High Court judges who have a long career behind them and ahead of them. The idea of the three years is to give them the choice to pop out of the High Court or the Court of Appeal and do their three years, and then if they wish to return to service in the courts, they have been out for only three years. It is an attempt to encourage judges to apply, rather than to count against it.
(8 years, 8 months ago)
Public Bill CommitteesMy hon. Friend will no doubt agree that, in Scotland at least, it is the police who investigate serious crime, under the direction of the Lord Advocate.
(8 years, 8 months ago)
Public Bill CommitteesI oppose the inclusion of the clause in the Bill. Clause 48, with schedule 3, broadly replicates the existing procedure in section 17(1) of the Regulation of Investigatory Powers Act 2000, whereby material obtained by way of an intercept warrant cannot be used as evidence in ordinary criminal proceedings.
Schedule 3 makes a number of exceptions to allow intercept evidence to be considered in civil proceedings where there is a closed material procedure in place—that is where a party and his or her legal team are excluded. Those proceedings would include, for example, proceedings under section 6 of the Justice and Security Act 2013, proceedings in the Special Immigration Appeals Commission or under the Terrorism Prevention and Investigation Measures Act 2011. Schedule 3 makes no exception for criminal proceedings, except in so far as material may be disclosed to the prosecution and to the judge so that the judge might determine whether admissions by the Crown are necessary for the trial to proceed in a manner that is fair. Deleting clause 48 would remove that exclusion, so that there would be an exception for criminal proceedings. It would also permit intercept material to be treated as admissible in both ordinary civil and ordinary criminal proceedings, subject to the ordinary exclusionary rules applicable to other proceedings, including public interest immunity and the provisions of the Justice and Security Act in civil proceedings.
I am indebted to Justice, the human rights group of lawyers that includes members of all parties and none, for its help in formulating my argument for deleting the clause. Justice has long recommended the lifting of the bar on the admission of intercept material as evidence in civil and criminal proceedings. In 2006, it published a document “Intercept Evidence: Lifting the ban”, in which it argued that the statutory bar on the use of intercept as evidence was “archaic, unnecessary and counterproductive”.
The United Kingdom’s ban on intercept evidence in criminal proceedings reflects long-standing Government practice, but it is out of step with the position in many other Commonwealth and European countries, and it has proved increasingly controversial over time. Importantly, the European Court of Human Rights has recognised the value placed on admissible intercept material, in countries where it is available. It has said that admissible intercept material constitutes
“an important safeguard; against arbitrary and unlawful surveillance, as material obtained unlawfully will not be available to found the basis of any prosecution”.
Has the hon. and learned Lady taken into account the Criminal Procedure and Investigations Act 1996, which ensures fairness of disclosure in English and Welsh courts, as practised by many Members of the Committee, and is at the centre of the arguments against admission of this evidence?
I have considered it, but we are not talking about disclosure, we are talking about the admissibility of evidence. As the hon. Lady will very well know, things may be disclosed to lawyers in the course of proceedings to try, as I said earlier, to make sure that there is a fair trial, but they are not necessarily admissible. I am talking about lifting the ban on the admissibility of intercept evidence.
If there is something under the code that assists the defence or may undermine the prosecution, the prosecutor is obliged to make that known to the judge. A decision is then taken as to whether the disclosure of that material is so necessary that, in effect, the trial cannot continue.
Of course the hon. Lady is absolutely right. I said that that was the case earlier, but that is not the end of the matter. As the European Court of Human Rights has recognised, where intercept material is admissible, its admissibility constitutes
“an important safeguard: against arbitrary and unlawful surveillance”.
I know many Government Members are not too keen on the European Court of Human Rights; they might find the Privy Council report published December 2014, “Intercept as Evidence”, more palatable. In paragraph 84, it confirmed that a fully funded model for the removal of the ban could result in a
“significant increase in the number of successful prosecutions.”
That report also reflected concerns of agencies and law enforcement bodies that removing the ban without full funding could reduce its effectiveness. I acknowledge there is a funding issue and I am sure the Government will want to talk about that.
What I am really saying is that the Bill is a lost opportunity to remove the ban on admissibility of intercept material in criminal proceedings, which could benefit all. The Committee has heard what the Privy Council and the European Court of Human Rights have said on that. Many other countries manage to operate effective surveillance systems in which intercept material is admissible in criminal proceedings in certain circumstances. As I said, there will always be public interest immunity and the provisions of the 2013 Act in civil proceedings to allay some of the concerns Government Members might have.
The Joint Committee on the Draft Investigatory Powers Bill recommended that the matter should remain under review, and in paragraph 675 of its report invited the Government to take note of the “significant perceived benefits” of using intercept material in criminal proceedings. There are other arguments in favour of removing this ban. Members may want to think about how the current bar on the use of targeted intercept material relates to a new focus in the Bill on expanded and untargeted access to communications data.
How would the hon. and learned Lady recommend that prosecuting counsel deal with an application from the defence to reveal the methodology used by the security services in obtaining intercept material? If the ban is removed, how is prosecuting counsel to answer that?
It is not about the methodology; it is about the admissibility of the material itself. Far be it from me to lay down rules, at this stage of proceedings, for the Crown Prosecution Service or the Crown Office and Procurator Fiscal Service in Scotland. That is something that will have to be worked out, but it will not be worked out in a vacuum, because the Privy Council has looked at this detail and many other countries have a system such as this that works.
It comes back to a continuing theme in my concerns about the Bill. Let us not be inward-looking. Members of my party are sometimes accused of being narrow nationalists, but I often think that is an allegation more accurately directed at the Conservatives. We should look at practice elsewhere in the world. Britain is not uniquely placed to decide how to have the best and fairest surveillance system. Our security services probably are world leading—I recognise that, and I mean no disrespect to them—but we are not here just to please them; we are here to protect our constituents’ interests, as well as human rights in general, and to produce legislation that is balanced and fair.
I oppose the clause because I think there are good arguments in favour of making intercept material admissible in criminal proceedings. As the hon. Lady has indicated complex procedural rules would have to be built up—we have had a ban in our two legal systems in Scotland and England for so long that we would have to go back to the drawing board and think very carefully. She is right to say that this is not an easy matter, but we are not starting with a blank slate. If we do not want to look to Europe—I know that people are not too keen on Europe at the moment—we can look to the experience of other Commonwealth countries.
The reason I keep rising when the hon. and learned Lady mentions other countries is that England and Wales have an extraordinarily thorough—I want to say “generous,” but that is not the right word—disclosure regime, which is not mirrored elsewhere in the world. Look at the United States: the disclosure tests that occur in this country have very little relationship to what happens in America, so it is not right to compare the two.
The hon. Lady makes a fair point that England and Wales have very clear disclosure procedures. Now, thank goodness, so does Scotland as a result of a number of Supreme Court decisions. We had a long way to go 10 years ago, but we have since come a long way. This is not about disclosure; it is about admissibility. Those are two very different things, as she well knows. Frequently things are disclosed that are not admissible.
If evidence is admissible, the defence is quite within its rights to ask that question of prosecuting counsel. It is a question that is asked in a different form when a defendant suspects that there is an informant. How is prosecuting counsel to argue against that?
Order. If the hon. Lady wishes to make interventions, they are to be short. She has an opportunity to make a contribution afterwards.
(8 years, 8 months ago)
Public Bill CommitteesI must say that I do not like the approach of traducing witnesses. If I do not like a witness’s evidence, I will not traduce them; I will just try to forensically dissect their evidence. This is a distinguished witness with significant experience in this field.
Hon. Members may “Ah” and “Um”, but Mr King has relevant technical expertise. I invite hon. Members to consider his CV.
No, I will not. I will continue to make my point. The amendment was tabled because there should be a requirement to apply for an examination warrant when seeking to examine secondary data. That would protect the privacy of our constituents—I am looking at Government Members—and us. It is not some idle attempt of the chattering classes to be difficult about the Bill; it is an attempt to make the Bill compliant with the rule of law and with the requirement to protect the privacy of our constituents. That is all it is about. Criticising and making ad hominem comments about a witness are not going to undermine the moderate—
No, I will not give way. There will be plenty of opportunity for the hon. Lady to contribute later. I am conscious of the time, Chair, so I will briefly—
(8 years, 8 months ago)
Public Bill CommitteesIs the purpose of the clause to address those circumstances where, for example, the security services or police know that someone has been kidnapped, but they do not know the names of the kidnap gang or even perhaps the number of gang members? The clause is designed to enable the security services to make the inquiries they need to make to save a life.
I think I am correct in saying that this section is directed more towards security concerns than serious crime. I will no doubt be corrected, but I can only stand by what others who deal with surveillance issues have said in their evidence to the Committee. I would also like to point to what David Anderson QC said in his follow-up evidence to the Committee at paragraphs 4 and 5.
David Anderson, in his typically helpful, studious and hard-working way followed up his oral evidence to us with some additional thoughts in written evidence. He has a section headed “Thematic Targeted Powers” in which he says:
“I recommended that the practice of issuing thematic warrants be continued into the new legislative regime…I envisaged their utility as being ‘against a defined group or network whose characteristics are such that the extent of the interference can reasonably be foreseen, and assessed as necessary or proportionate, in advance’—for example, a specific organised crime group”.
Perhaps that answers the hon. Lady’s question. He went on to say:
“I also recommended that the addition of new persons or premises to the warrant should…require the approval of a judicial commissioner, so that the use of a thematic warrant did not dilute the strict authorisation procedure that would otherwise accompany the issue of a warrant targeted on a particular individual or premises”.
His following statement is very important. He says:
“On both counts, the Bill is considerably more permissive than I had envisaged. Thus: The wording of clause 15 (interception) and still more so clause 90 (EI) is extremely broad”.
This answers the hon. Lady’s point. Even David Anderson, who envisaged thematic warrants having some utility against a defined group or network such as an organised crime group, says that the wording of clause 15 is considerably more permissive than he had envisaged.
The hon. and learned Lady states the opinion that clause 15 is really aimed at dealing with the security services point. It is but, may I refer her to clause 18, which deals with the grounds on which warrants may be issued by the Secretary of State? It is very clear that it can be done for national security reasons but also for the purposes of preventing or detecting serious crime.
Yes, I am very grateful to the Solicitor General. I skipped ahead to modifications, so I will skip back to urgent. The purpose of the amendments is to specify that urgent warrants can be issued only when they are necessary, in an emergency situation that poses an immediate danger of death or serious physical injury, and that a judicial commissioner should be informed immediately that an urgent warrant has been issued. They also seek to reduce the period within which a judicial commissioner must decide whether to approve the issue of a warrant to 24 hours after its issue.
There were differing recommendations from the Joint Committee and the Intelligence and Security Committee. I think I am correct in saying that the ISC recommended 24 hours and the Joint Committee 48. In terms of case law, recent decisions of the European Court of Human Rights suggest that 48 hours would be an absolute minimum, so I would insist on that as a fall-back position.
I sat with my hon. Friend the Member for Fareham and my hon. Friend and neighbour, the Member for Boston and Skegness, on the Joint Committee, where we debated this in great detail. It is right to say that it was not a unanimous decision of the Committee to change the time limit for the urgency provisions. Indeed, I said to the Committee that if that point was ever raised, I would make clear that the decision was not based on any evidence we heard. I will not say that members of the Committee drew the figure out of the air, but—[Interruption.]
Okay, out of the air. The Joint Committee arrived at that figure on the basis of no evidence. That may assist the hon. and learned Lady.
I am grateful to the hon. Lady for being so precise and clear about that. Essentially, the concern about clause 22 is that the scope of the urgent mechanism is extremely broad and ill defined. In my view, it could fatally undermine any safeguard provided by a mechanism for judicial authorisation or indeed judicial review in the double lock.
The Bill provides that an urgent warrant can be issued by the Secretary of State in a case where she considers there is an “urgent need”, which is not defined. We then have the three-day period. As the hon. Lady said, no specific reason has been given for the selection of three days. The Joint Committee took the view that it should be shortened significantly to provide for approval within 24 hours. I think the ISC suggested 48 hours—I apologise if I have got that the wrong way round.
The purpose of the amendments is to remove the urgent provision in the Bill altogether or to restrict it to very limited circumstances, with the urgent authorisation having to take place during a 24-hour period. The concern underlying the amendments is that in their absence, the provisions for urgent warrants in the Bill will drive a coach and horses through even the double lock provision, because they will enable the judicial authorisation part of the procedure to be bypassed in very loosely defined circumstances. That is the case as precisely as I can put it.
(8 years, 8 months ago)
Public Bill CommitteesQ If the Government had given you more resources for more boots on the ground, would it have been possible for the security services perhaps to have had targeted surveillance on lower priority targets prior to this particular dreadful murder?
Lord Evans: There is no doubt that to some extent intelligence activity in counter-terrorism is scalable. What has happened since 9/11 is that the resources available to the Security Service and the other agencies have increased very considerably under both Governments—or all three Governments, if you want to put it in those terms. We have therefore probably got within the Security Service three or four times as much resource as we had previously.
There has been a very considerable uplift, but it is not just a question of people. Importantly, it is also a question of powers. Your capability to cover and monitor threats is not very often, although it sometimes is, a matter of boots on the ground; it is a matter of the overall toolbox available. One of the attractions of digital intelligence and the sort of powers that are outlined in the Bill is that it enables considerable coverage of threats without having to deploy lots and lots of people following people around and so on, which in some ways would be more intrusive.
Q We talk about the security services and the other agencies as block organisations, but of course the quality and effectiveness of an organisation depend on the people who make up that organisation. Could you give us, as far as you are able, an assessment of the qualities and character of the people who work for the agencies that you have led?
Nigel Inkster: In the United Kingdom, we like to maintain the position that intelligence and security work is a high-status profession. We look for quality people who might otherwise go into areas such as the law, merchant banking and that sort of thing. That is the level that we are pitching for, and that is not always the case around the world. In that regard, the United Kingdom distinguishes itself in the right way, in my view. We have very well educated and well motivated people. In my service, for example, we had people joining us in the wake of 9/11 who had taken very significant salary cuts and left high-paid jobs in the City to come and do this work precisely because they were motivated by and committed for what we regarded as the right reasons.
During my time in SIS, I was responsible inter alia for compliance with all the different oversight mechanisms to which we were subject. I had extremely long conversations with the various commissioners responsible for overseeing those activities. In all cases, their judgment was that the people we employed were highly motivated, took their responsibilities seriously and understood the powers that they had, the need to act lawfully and the need to use those powers in a wise, measured and proportionate manner. I think we are very fortunate as a country.
Lord Evans: I would agree with that. I think we have employed people who are intellectually able, are motivated by public service and are ethically sensitive. It might be useful to the Committee to invite the Clerk to find comments made by Lord Brown of Eaton-under-Heywood, a former Supreme Court judge and former intelligence commissioner, when the 2015 Counter-Terrorism and Security Bill was being discussed in the House of Lords. He gave a very, very strong endorsement of his experience of the quality and integrity of the members of the intelligence services that he had seen. If you want an independent voice, rather than a voice from inside the agencies, that might be worth finding.