Modern Slavery Bill

Debate between John McDonnell and Fiona Mactaggart

Tuesday 4th November 2014 Commons Chamber

[John McDonnell]

I will come straight to that point, but let me go through the other organisations we have listened to: lawyers, human rights bodies such as Human Rights Watch, Amnesty International and UN Aid, and even the women’s institute down in Hampshire—I warn hon. Members never to cross the women’s institute anywhere—as well as members of the Ipswich Safety First coalition who dealt with the deaths those years ago.

What is the consensus? It is that there is no evidence that criminalising clients as in the Swedish legislation reduces the number of either clients or sex workers. I could quote at length—time we have not got—from the Swedish Government’s report that demonstrates that there is no correlation between the legislation they introduced and a reduction in numbers of clients or sex workers.

[Fiona Mactaggart]

My hon. Friend said that the Swedish Government have no evidence for that, which is true, but they did have evidence that the number of men who pay for sex in Sweden has gone down significantly.

Death Penalty (India)

Debate between John McDonnell and Fiona Mactaggart

Thursday 28th February 2013 Commons Chamber

[John McDonnell]

I could not concur more strongly. I shall discuss that point later in my speech.

There is also concern that India is expanding the scope of the death penalty: new laws passed in 2011 provide for the death penalty for those who are convicted of terrorist attacks on oil and gas pipelines that result in death and, in Gujarat state, for those who are found guilty of making and selling illicit liquor.

[Fiona Mactaggart (Slough) (Lab)]

The list of crimes that attract the death penalty in India now also includes honour killing and, more recently, rape that leads to death, but campaigners against violence against women in India have not been impressed by those additions, because they do not provide the protection that vulnerable women need but are a reaction by the Government to the horrific violence meted out to a young woman on a bus in Delhi recently.

[John McDonnell]

That is the specific point I was about to make. We all abhor and condemn that appalling crime, but it should not be used as an excuse to implement the death penalty.

The manner in which the Indian authorities have dealt with executions has also raised concern across the human rights community. The two recent executions were announced to the public after being carried out, which violates all international standards on the use of the death penalty and makes timely interventions and final appeals before execution almost impossible.

Amnesty International points out that the use of the death penalty in India is “riddled with systemic flaws”. According to the briefing Amnesty International provided to Members for this debate, of particular concern under anti-terror legislation is the broad definition of terrorist acts for which the death penalty can be imposed. In addition, there are: insufficient safeguards on arrest; provisions that allow confessions made to the police to be admissible as evidence; obstacles to confidential communication with counsel; insufficient independence of special courts from Executive power; insufficient safeguards for the presumption of innocence; provisions for discretionary closed trials; sweeping provisions to keep secret the identity of witnesses; and limits on the right to review by a higher tribunal.

In its briefing, Amnesty succinctly sums up why we abhor the death penalty and urges India to join those nations that have rejected its use, stating eloquently that the death penalty is the ultimate cruel, inhuman and degrading punishment. It violates the right to life as enshrined in the universal declaration of human rights. It is arbitrary, discriminatory and can be inflicted upon the innocent. I would add that all the international evidence demonstrates that it is also ineffective as a deterrent to crime and can often result in terrible, irreversible miscarriages of justice. For all those reasons and as a friend of India—someone who has close family ties and community links with India—I urge the Indian Government to join now that community of nations that have renounced the use of the death penalty and have abolished it once and for all.

I hope today that we can speak with one voice on this issue. By doing so, we may be able to impress better on India the need for change. So many MPs have supported the campaign not only because of their own personal conviction, but because they are reflecting the views put to them by many of their constituents. Somebody from the media argued that the reason so many MPs support the debate is they have Punjabi and Sikh constituents. Well, that is undoubtedly true. MPs are simply doing their job in representing their constituents’ views—that is what we are elected to do. It is also worth understanding why so many Punjabis and Sikhs have made representations to us. First, there is of course a real fear on their part that a number of their compatriots could be executed, and on humanitarian grounds they wish to prevent that.

UK Border Agency

Debate between John McDonnell and Fiona Mactaggart

Wednesday 4th July 2012 Commons Chamber

[John McDonnell]

Like me, my hon. Friend has prayed against the rules. Today is not the time to debate them in any detail, but does she agree that the Government should now give us the opportunity to debate the rules thoroughly on the Floor of the House?

[Fiona Mactaggart]

I think it would be helpful to do so, but in a way that is not the point here. The point is that if the Minister accepts that there are errors in the draft—I know that they are errors and not deliberate—he should take the opportunity to withdraw the rules until they can be remedied, to ensure that the immigration system is properly administered. Given the problems of administration—the queues at Heathrow and other issues, and the problem with posts overseas where we have had good reports from the independent chief inspector responsible for entry clearance, highlighting that the wrong decisions have been made—perhaps the Minister could do something about them.

One thing I have learned from my long involvement in these issues is that the biggest problem is trying to get the Home Office administration to do what it says on the tin—to do what the rules say to make sure that the administration is effective and efficient. It is not, and it has not been for decades. The simplest thing to do would be to try to drive out unnecessary processes and to use the people subject to immigration control as allies in making the system more efficient. The vast majority of people who are trying to join their families here or to visit Britain are trying to do the right thing. If we can work in a way whereby the people trying to do the right thing can help to make the system more efficient, we could envisage a system in which not everyone was subject to the degradation—frankly, it is degradation—that is a product of the gross inefficiency and bureaucracy of that system.

I have made some specific proposals, and if the Minister were to say yes to them today, we could take a couple of little steps in that direction. Many more are needed.

Public Bodies Bill [Lords] (Programme) (No. 2)

Debate between John McDonnell and Fiona Mactaggart

Tuesday 25th October 2011 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

It is inappropriate and against the rules to criticise the Speaker’s selection of amendments, but may I say that that selection is often influenced by the availability of time in which to debate those amendments? A number of staff of different organisations will be disappointed to know that we are not having a debate on the Floor of the House on amendments dealing with the Equality and Human Rights Commission or the Administrative Justice and Tribunals Council.

[Fiona Mactaggart (Slough) (Lab)]

I have been struck by the fact that the Government are not only being bullies in the amount of time allotted for debate on the subject of the Equality and Human Rights Commission, but have nationalised—it is the only word I can use—the commission’s grant-giving power, showing that even without this Bill they can behave like Henry VIII.

[John McDonnell]

The problem for those of us who are not members of Bill Committees as a rule—goodness knows why not—is that such points can only be made to them at this stage in the process.

Let me say briefly—because I do not want to take up any more time—that, although the TUPE amendments that I tabled are critical, it seems highly likely that they will not be reached because of the timetable motion. They are critical because tens of thousands of staff will be transferred from one body to another, and eventually, regrettably, many will lose their jobs. In Committee the Minister read some further commitments from the Government into the record, but it would be much more valuable if we had a brief opportunity to engage in further discussion on the Floor of the House, and if the Minister could read the letter that he sent to me today into the record as well. That would provide some comfort and security for the staff members whose positions are under threat.

I urge the House to enable us to reach those amendments, if only for a few minutes, so that more clarity can be given to public servants whom the Bill will affect.

Human Rights on the Indian Subcontinent

Debate between John McDonnell and Fiona Mactaggart

Thursday 15th September 2011 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I want to mention two issues that have been raised with me by constituents. The first concerns India and the second Sri Lanka. Like my hon. Friend the Member for Brent North (Barry Gardiner), I classify myself as a friend of India. I can do nothing else—I am married to a Goan and have only just come back from visiting my in-laws in Goa. I celebrate India’s success in recent years. I celebrate its politics. I witnessed the Anna Hazare campaign of Gandhian peaceful direct action to address corrupt politicians. I only wish that we had had such a thing here a few years ago—it might have helped when the Members’ expenses scandal was exposed. I also celebrate the nature of the way in which India is developing its economy. I wish that there was greater redistribution of wealth, but at least there is a dynamism in the economy itself.

In celebrating India’s progress, I feel that I have the right—as a friend of India—to draw attention to a continuing blemish on the Indian constitution. I am talking about the continued acceptance of the death penalty. There are currently 324 prisoners on death row in India, and although there has not been an execution for seven years, the political climate has changed, and there is a real fear of an imminent implementation of the death penalty. I want to use the Floor of the House to make an appeal on behalf of my constituents for the life of one person in particular, Devinder Pal Singh Bhullar, whose case I have raised over the years with a number of colleagues. Unfortunately, he is at imminent risk of execution in New Delhi.

[Fiona Mactaggart]

Would my hon. Friend comment on the fact that when I was looking through my annual report, I discovered that the issue on which I had the biggest postbag from my constituents was Devinder Pal Singh Bhullar’s threatened execution by the Indian Government?

[John McDonnell]

There is real consternation among the community in this country and across the world. This case has been taken up by Amnesty International as one of its urgent appeals across the world. As I said, I want to use this platform to appeal to the Indian Government and the Indian President to address the case of Devinder Pal Singh Bhullar and to consider the abolition of the death penalty itself.

Devinder’s mercy petition was rejected in May and his case is now moving towards the execution process. He was sentenced to death in August 2001 after being found guilty of involvement in a bomb attack in 1993 that tragically killed nine people. He was found guilty solely on the basis of an unsubstantiated confession that he made to the police and which he later retracted. He thought that it had been made under duress from the police. He was subsequently arrested under the Terrorist and Disruptive Activities (Prevention) Act at New Delhi airport in January 1995. That Act has now been repealed and was criticised internationally and inside India for being incompatible with international standards for fair trials and fair arrests.

In March 2002, the death sentence against Devinder was upheld by the Supreme Court, but the opinion was divided, with two judges in favour and the senior judge coming down in favour of acquittal. In December 2002, a review was made of the judges’ decision, again resulting in a split decision. Usually, in such circumstances, a recommendation is made that the President accept the mercy petition, but unfortunately the petition was rejected in May this year, as I have said. Now, Devinder Pal Singh Bhullar faces the death penalty.