Risk-based Exclusion

Debate between Karen Bradley and Stella Creasy

Monday 13th May 2024 Commons Chamber

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

I rise to speak as Chair of the Procedure Committee. We have looked at various iterations of risk-based exclusion since we were first presented with the Commission’s proposals in 2022. The decision of when exclusion should apply is not easy. Although I fully support the idea that we should have some form of risk-based exclusion, the point at which it is triggered is a matter for debate. Members on both sides will put forward very persuasive arguments, but I have to say that, based on the evidence heard by the Committee and the safeguards that will be put in place, I err towards the trigger being at charge, rather than arrest.

Charge is a public point, whereas arrest is not public. It is very difficult to see how Members of Parliament who are excluded but not publicly named could maintain their anonymity. People will see that they have a proxy vote, and they will therefore wonder whether they are on baby leave or long-term sick. It will become clear that the Member has been excluded from the precincts.

Charge is public—it is known and it is very clear that it has happened—and it is a very high bar. We have concerns, and there were concerns in the evidence given to the Committee, about when arrest might happen. I appreciate that we are talking about serious sexual and violent offences, and it is unlikely that an arrest would be made on a spurious, vexatious accusation, but it is possible. Across the United Kingdom, arrest can happen at different points, depending on the force and the legal system. Charge therefore makes it clear that there is a very serious allegation that warrants the matter being taken further.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I hear what the right hon. Lady is saying. How does she answer the charge that we in this place may be hypocrites—

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[Stella Creasy]

We in this place may be inconsistent in our approach to these matters because, following the case of Wayne Couzens, we agreed that anybody from the police accused of serious misconduct should be removed from the parliamentary estate—that is accused, not even arrested. How do we square the circle that what we think is appropriate for the police is not appropriate for ourselves?

[Dame Karen Bradley]

I thank the hon. Lady for her question. As I said, this is a balanced judgment; there is no right or wrong answer. I am persuaded by many arguments in favour of exclusion on “arrest on suspicion of”. However, on balance—given the job we do, the role we have and the potential for vexatious complaints—I feel that exclusion at the point of charge is right. I am not saying to the hon. Lady that we will not be accused of inconsistency; we very well might be accused of that—we regularly are.

Northern Ireland: Murder of Lyra McKee

Debate between Karen Bradley and Stella Creasy

Tuesday 23rd April 2019 Commons Chamber

[Karen Bradley]

The right hon. Gentleman talks about politics in Northern Ireland. Of course, Northern Ireland is one of the places in the world that has been most transformed by politics: politics won over violence; politics won over terror—words won. People made enormous sacrifices, both personally and collectively as a community, in order to achieve the peace that we have seen over the past 21 years. He is right that it is a fragile peace; things can flare up at any time, as we saw last week. Hon. and right hon. Members have talked about the regularity of these kind of attacks and activities. Business as usual in Northern Ireland is not business as usual as many people in Great Britain would expect it to be, or would accept, and that needs to change. It is absolutely clear that we need to have devolution restored, but the lack of devolution is not the reason for these attacks. These attacks have been going on for far too long. There is no excuse for the acts that we saw; there is no excuse for anything that we have seen; and there is no excuse for the person who pulled that trigger and shot Lyra McKee.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

In the days following her brutal murder, Lyra’s words have been shared around the world. It is not hard to see why. Just a few weeks ago, she wrote on social media:

“Derry is such a beautiful city. I’ve fallen in love with it over the past year, while falling in love with a woman who hails from it. Here’s to better times ahead and saying goodbye to bombs and bullets once and for all.”

Can there be no better tribute that we make to Lyra than pledging ourselves to achieving her dream in her name?

[Karen Bradley]

The hon. Lady makes such a powerful point, but the words of Lyra McKee are the most powerful. Derry is a beautiful, beautiful city. It feels ironic in many ways, but on Thursday evening, I had the opportunity to sit down with my family for the first time to watch the final episode of “Derry Girls”. To see the hope in that series, which was set around the time of the peace process, and to go to bed to be woken by that devastating news was just so tragic for such a beautiful city and for such wonderful people who really do deserve better.

Oral Answers to Questions

Debate between Karen Bradley and Stella Creasy

Wednesday 10th April 2019 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

In the absence of devolved government, the direct decisions being made by Westminster for Northern Ireland are increasing every day, whether on the Offensive Weapons Bill, the Healthcare (International Arrangements) Bill, the two-child policy, or even what will happen with the Open golf tournament. The Secretary of State tells us that she respects devolution, but these decisions are being made behind closed doors with civil servants and without the involvement of the people or representatives of Northern Ireland. If she thinks that is acceptable, will she publish in full a list of all the policy decisions she has made under this new legislation, including the legislative consent motions and who has signed them off, so that we know who is really running Northern Ireland?

[Karen Bradley]

The hon. Lady did very well to get through the question and still have some voice left.

The decisions that are taken by the civil servants in Northern Ireland—the permanent secretaries—are published. That is part of the conditions of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018. But to be clear, that Act does not allow new major policy decisions to be made; it allows for policy decisions taken when the Executive was still in place to be continued. As I say, no new policy decisions are being taken under that Act.

Northern Ireland Budget (Anticipation and Adjustments) (No. 2) Bill

Debate between Karen Bradley and Stella Creasy

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 5th March 2019 Commons Chamber

[Karen Bradley]

It is an honour to serve under your chairmanship in this Committee, Dame Eleanor. As these matters were debated at length on Second Reading, I do not propose to detain the Committee any further.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I rise to speak to amendment 2, which I tabled with my hon. Friends the Members for Birmingham, Yardley (Jess Phillips), for Wirral South (Alison McGovern), for Ilford North (Wes Streeting), for Canterbury (Rosie Duffield), for St Helens North (Conor McGinn), for Cardiff Central (Jo Stevens) and for East Lothian (Martin Whitfield). We recognise that this legislation has been brought to the House at short notice, but we want to put the Secretary of State on notice that the concerns raised in the amendments will endure in every piece of legislation until the issues are resolved, because they speak to one of the first concerns that any Member of Parliament should have: the human rights of the people whom we represent. Amendment 2 seeks to recognise that this Government cannot pick and choose their responsibilities. On the one hand, they take full responsibility for expenditure in Northern Ireland but, on the other hand, they ignore human rights abuses and the suffering that they are causing to UK citizens.

The Bill authorises departmental expenditure to allow the continued delivery of public services in Northern Ireland in the absence of an Executive and the consequent inability of the Northern Ireland Assembly to pass legislation to provide the same rules. That Assembly has not sat for over two years, which is why this House passed emergency legislation last November. Section 4 of the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 makes it clear that the Secretary of State for Northern Ireland is responsible for the guidelines relating to human rights in Northern Ireland. However, amendment 2 relates to the fact that she has failed to take any meaningful action to uphold that obligation and, indeed, has sought to deny it.

In a written ministerial statement on 30 January 2019, the Secretary of State said that

“the current absence of devolved Government in Northern Ireland should not dislodge the principle that it is for the devolved Administration to both legislate on, and ensure compliance with, human rights obligations in relation to such devolved matters.”—[Official Report, 30 January 2019; Vol. 653, c. 40WS.]

However, article 27 of the Vienna convention states:

“A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”

In layman’s terms, that simply means that we cannot ignore our human rights responsibilities to the people of Northern Ireland and use devolution as a cover for doing so.

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[Karen Bradley]

I absolutely understand the hon. Gentleman’s point, but I gently say that this is a very technical Bill that is putting spending that has already happened on a statutory basis. It is about money that has been scrutinised in this House, which we have voted to be allocated to Northern Ireland in previous debates. We are talking about putting the decisions that civil servants took and the money that we have agreed that they can spend on a proper statutory basis. I absolutely understand the frustrations about a lack of scrutiny—I want more scrutiny. However, the right, constitutional way to do that—the way this House has agreed we should do that—is to have an Assembly and Executive sitting in Stormont doing the appropriate scrutiny.

I return to the amendment tabled by the hon. Member for Walthamstow. I know how strongly she feels about this issue, and I know that she wants to see change, but this is not the Bill to do it in. This is a technical Bill. She wants success in what she is trying to achieve, and I therefore urge her to withdraw the amendment.

[Stella Creasy]

The Secretary of State, by refusing to recognise her responsibility to uphold the human rights of the people of Northern Ireland, is creating a situation by which public money will potentially be spent on cases like the one that Sarah Ewart was involved in. What is her message to Sarah Ewart and all the other women she is letting down by refusing to stand up for their human rights?

[Karen Bradley]

I do not accept what the hon. Lady said. We have appropriate and proper separation of the judiciary and Parliament. The prosecuting services in Northern Ireland, the police and others must decide what investigations they undertake, based on the law as it stands. Her concerns are with the law, and I understand that. I very gently say to her that I and the UK Government are committed to all our obligations under international law, including the European convention on human rights. It is for the politicians whom the people of Northern Ireland elected to do the right thing by those people. I understand how strongly the hon. Lady feels about this issue, but this is not the right vehicle for what she wants to do. I urge her to withdraw the amendment.

[Stella Creasy]

I recognise that this is a spending Bill and is not the right place for this, but I want to put the Secretary of State on notice that until she recognises her responsibly for human rights, this House will take every single opportunity to speak up for the Sarah Ewarts of Northern Ireland. She clearly will not, but we will.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 9 ordered to stand part of the Bill.

Schedules 1 to 4 agreed to.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

Northern Ireland (Executive Formation and Exercise of Functions) Bill

Debate between Karen Bradley and Stella Creasy

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Wednesday 24th October 2018 Commons Chamber

[Karen Bradley]

I understand all the points that the hon. Gentleman has made, but the new clause is flawed. It is flawed because the Bill does not allow the law to be changed. It does not make civil servants lawmakers. It asks them to work within the confines of the law as it exists today. We do not want to be in a position in which civil servants are changing the law. I am not, as Secretary of State, changing the law on any devolved matter in Northern Ireland; I am giving guidance to the civil servants to allow them to make decisions within the existing law.

[Stella Creasy]

I hear the Secretary of State say that, yet I see officials in the Northern Ireland Department of Health, in their response to the programme enabling women to come to England for abortions, doing exactly what she has just said she does not want civil servants to do. It is already happening. The Bill will confirm the power that they have to do that, because the Secretary of State is giving them powers in the absence of the Assembly. Will she at least recognise that she has a powerful role to play as a check and balance in that process, and that that is what the new clause is about?

[Karen Bradley]

Let me say very gently to the hon. Lady that I disagree with her interpretation of what the new clause would do. It would put the NICS in an impossible position, given that the guidance makes it clear that in exercising its functions, it must act at all times in accordance with the law. Let me stress again that the Bill cannot force Northern Ireland Departments to change the law as the new clause seeks to do.

Supreme Court Ruling: Abortion in Northern Ireland

Debate between Karen Bradley and Stella Creasy

Thursday 7th June 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

(Urgent Question): To ask the Northern Ireland Secretary, following the ruling of the Supreme Court, whether sections 58 and 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945 are incompatible with articles 3, 8 and 14 of the European convention on human rights.

[The Secretary of State for Northern Ireland (Karen Bradley)]

I thank the hon. Member for Walthamstow (Stella Creasy) for this question and I once again pay tribute to her and to all the other hon. Members who contributed to the debate on these issues in the House on Tuesday. I recognise the strength of feeling and the personal stories that lie behind this issue, many of which we heard on Tuesday. That is the case regardless of where people’s views lie. As I have said in the House before, abortion is an extremely sensitive issue and there are many strongly held views across all sides of the debate on reform right across the UK, including Northern Ireland.

Members will be aware that the Supreme Court issued its judgment in this case this morning. The Government are carefully considering the full judgment and its implications. No formal declaration has been made by the Court, and the appeal has been dismissed. The analysis and comments of the Court on the issue of incompatibility will be clearly heard by this House and by politicians in Northern Ireland. While the Court made no formal declaration, a majority of judges stated their view that the laws on abortion in Northern Ireland are incompatible with article 8 of the European convention on human rights—the right to respect for private and family life—in cases of fatal foetal abnormality, rape and incest.

This is clearly a complex area of law and an extremely sensitive subject matter which raises a number of different issues to consider. I am sure that the House will understand, given that the judgment is more than 140 pages in length, that further consideration of it is needed. I am continuing to engage with the parties in Northern Ireland, where these issues are understandably being raised and discussed. It is therefore important for all of us, including the people of Northern Ireland, to consider this judgment and to approach ongoing debate on this issue with due care and sensitivity. My urgent priority is to continue to engage with the parties in Northern Ireland and to re-establish devolved government in Northern Ireland so that decisions can be taken there.

[Stella Creasy]

Today, our Supreme Court has ruled that the law on abortion in Northern Ireland is in breach of the human rights of women in Northern Ireland. Let us weigh that sentence for a moment, as a House. Our own law is breaking the basic human rights of our own citizens. These are laws that the Government have said they will retain whether we leave the European Union or not. They are the laws that underpin our own democracy and our own freedom.

A clear majority of the Law Lords have found that how women in Northern Ireland are treated is incompatible with article 8: the right to respect for private and family life. Two judges have also held that the law on abortion is in breach of article 3: the right to be free from inhuman and degrading treatment. The Court was clear that to deny a woman access to abortion care breaches a woman’s right to bodily autonomy—to be able to control what happens to her own body and not to be forced to continue an unwanted pregnancy even in instances of rape and incest.

The Court also was clear that the Government must have known that that was the case because of the United Nations ruling. Despite this, just two days ago the Secretary of State told this House of Parliament, as she has said today:

“Abortion has been a devolved matter…and it would not be appropriate for Westminster to seek to impose its will, or to be the arbiter”.—[Official Report, 5 June 2018; Vol. 642, c. 220.]

Clearly this ruling challenges that disregard for the human rights of women in Northern Ireland.

The only reason the Government are not facing a requirement to act today is that those bringing the case were not victims; the Northern Ireland Human Rights Commission brought the challenge. The House should hear the words of Lord Mance himself:

“the present law clearly needs radical reconsideration. Those responsible for ensuring the compatibility of Northern Ireland law with the Convention rights will no doubt recognise and take account of these conclusions, at as early a time as possible, by considering whether and how to amend the…1861 Act.”

Are the Government today really going to require a rape victim to give evidence in open court to be able to access this declaration and to force them to act? Are we parliamentarians, with the responsibility under the Good Friday agreement to uphold the human rights of all Northern Irish citizens, going to pretend that if they make that happen, we are doing our job? The women of Northern Ireland deserve better. They deserve control over their bodies. They deserve not to be forced to go to court and talk about such issues to get the Government to listen. They deserve the kind of control that Arlene Foster currently has over this Government.

The Secretary of State has the power to direct Northern Irish Departments to take such action that is required under international obligations. Human rights are an international obligation. Minister, I beg of you, do not make a victim go to court. Name the date that the domestic abuse Bill will come to Parliament, so that we can get on and end this scandal. We cannot just take back control; we can give it.

[Karen Bradley]

I know that the hon. Lady feels strongly about this issue. The whole House will have heard her words, which were delivered with such passion, but we need to be clear about what the Court was considering. It was looking specifically at the laws in Northern Ireland. She talked about a clear finding, but the Court has not made a declaration of incompatibility. In fact, on fatal foetal abnormality, the judges found five to two in favour, but it was only four to three on rape and incest. Those were majority decisions, not the judges’ unanimous view.

The Government’s view is that the decisions about abortion and the laws that apply in Northern Ireland should rightly and properly be decided by the people of Northern Ireland and their elected politicians. That is why I call on those politicians to come together to form a Government in Stormont and deal with the issue, because I, like the hon. Lady, want to ensure that the personal stories that we have all heard are dealt with. [Interruption.] I can hear her talking from a sedentary position, and I know how strongly she feels about this, but many people in the House feel strongly about this issue, and the right way to deal with it is in Stormont. I will continue to consider the judgment, which is 143 pages long, and there is much that we need to look at. However, I repeat that this is a matter for the politicians in Northern Ireland, all of whom I will be speaking to later today.

Offences Against the Person Act 1861

Debate between Karen Bradley and Stella Creasy

Tuesday 5th June 2018 Commons Chamber

[Karen Bradley]

There are a number of interpretations of what that might or might not mean, but I suggest that that is part of a separate debate. Today we are debating the matter in Northern Ireland, and I wish to return to that and make some progress.

[Stella Creasy]

Will the Secretary of State give way?

[Karen Bradley]

Of course I will give way to the hon. Lady.

[Stella Creasy]

It is worth pointing out that we are talking about the repeal of OPA across the United Kingdom. We are not talking about getting rid of the Infant Life (Preservation) Act 1929, which criminalises abortion after 24 weeks. Nobody is talking about changing the time limits in England and Wales, or imposing this in Northern Ireland. Clearly in this debate it is fact not fiction that matters.

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[Karen Bradley]

I apologise. I realise the right hon. Lady is not the only voice of Scotland—we will hear many others today. I will not prejudge the Supreme Court decision. We will receive the judgment on Thursday, we believe, and when we have it, we will consider it carefully.

I will return to the question of Northern Ireland. This is a matter of conscience. A free vote will be afforded if the matter of abortion comes before the House again, and the same applies in Northern Ireland. That is why this Government, like their predecessors, believe that the best forum in which to debate and resolve these and many other matters is the locally elected Northern Ireland Assembly. The Government’s priority therefore remains to urgently re-establish strong and inclusive devolved government at the earliest opportunity. As Secretary of State for Northern Ireland, I want to ensure that any future reform is handled with due care and consideration, with locally elected and locally accountable politicians having the opportunity to consider and debate the issues, and the people of Northern Ireland being able to contribute to the debate on the devolved issues that affect their lives.

[Stella Creasy]

rose—

[Karen Bradley]

I will give way, but only because it is the hon. Lady, and then I will make progress.

[Stella Creasy]

I agree with everything the Secretary of State has just said. Will she explain why she thinks that repealing sections 58 and 59 of the Offences Against the Person Act would not allow that to happen? We think that it would.

[Karen Bradley]

As I have said, this is a matter that would affect the whole United Kingdom, so a debate should be had in the context of the whole of the United Kingdom, with all those matters looked at.

Just as we have debated in this House the laws that ought to apply here, so the democratically elected Assembly in Northern Ireland must continue to consider this fundamental issue, listening to the views of the people of Northern Ireland. Otherwise, as my right hon. Friend the Member for Basingstoke (Mrs Miller) suggested, we will be in danger of disfranchising 1.8 million citizens of the UK.

Oral Answers to Questions

Debate between Karen Bradley and Stella Creasy

Wednesday 9th May 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

2. What steps she is taking to support equality and human rights in Northern Ireland; and if she will make a statement.

[The Secretary of State for Northern Ireland (Karen Bradley)]

This Government have a strong track record of supporting equality and human rights across the whole United Kingdom.

[Stella Creasy]

“Cruel, inhumane and degrading”—not my words, but those of the United Nations on our treatment of women in Northern Ireland. Given the absence of an Assembly, why does the Secretary of State choose to recognise the importance of a free vote in this place on same-sex marriage while refusing to extend the same protection to Northern Irish women’s fundamental right not to be forced to continue an unwanted pregnancy?

[Karen Bradley]

The hon. Lady knows that abortion is a very sensitive issue, and there are strongly held views on both sides of the debate. It is also a devolved matter, as she has said. She refers to the fact that I am on record as saying that a vote on same-sex marriage, among Government Members, is a matter of conscience, and that is also true for abortion. But it would not be right for the UK Government to undermine the devolution settlement by trying to force on the people of Northern Ireland something that we in Westminster think is right; the people of Northern Ireland have to make that decision.