Oral Answers to Questions
Kenny MacAskill Excerpts(2 years, 7 months ago)
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The Attorney General
My hon. Friend raises an important and concerning issue. People smuggling is a terrible crime that blights the lives of vulnerable people and I welcome all the efforts the Government are making to combat it. The Crown Prosecution Service regularly uses mobile phone data when prosecuting offences under the Immigration Act 2016. Phone metadata can identify the location at which the phone was used, while the information content can identify details of the offence, or even wider offences. The CPS is highly cognisant of the effective use of mobile data, where available, to pursue effective prosecutions.
Kenny MacAskill (East Lothian) (Alba)
The Attorney General (Suella Braverman)
Together with colleagues in the Home Office, the Crown Prosecution Service and the Ministry of Justice, we have developed a criminal justice action plan to drive system recovery as we rebuild after the pandemic. Progress against the action plan will be measured by a set of criminal justice scorecards, which will be published quarterly from this autumn. This approach will enable a cross-system response to dips in performance and hold each part of the system accountable for improvement.
Kenny MacAskill
As a former Scottish Justice Secretary, I am well aware of Scotland’s distinct legal jurisdiction, but broadcasting and human rights are reserved responsibilities. Craig Murray, a Scottish journalist, has been jailed for eight months without appeal. Is the Attorney General able to make any representations to ensure that the European convention on human rights and other protocols are followed when they apply to such rights and powers?
The Attorney General
We must ensure that all journalists have the right to express themselves and work in a free society. We are incredibly proud of that tradition in this country and our human rights regime rightly protects freedom of expression. I am happy to discuss this vital matter further with the hon. Gentleman.
Oral Answers to Questions
Kenny MacAskill Excerpts(2 years, 10 months ago)
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The Attorney General (Michael Ellis)
In order to avoid prejudice to criminal proceedings, I may issue what is called a media advisory notice in order to inform and ensure responsible media coverage. I have launched a campaign called #thinkbeforeyoupost to promote awareness of the risks of ill-judged social media posts. It is critical that the evidence is tested before a jury—any evidence should be tested before a jury—in a court of law and not in the court of public opinion.
Kenny MacAskill (East Lothian) (Alba)
In a recent Scottish case, a High Court judge suggested that offences by a blogger were to be dealt with differently from similar breaches by mainstream media. Given that most, if not all, of the recent serious breaches have been carried out by the mainstream media, and given moreover that the press and media are evolutionary, with many of the current mainstream media once themselves having been radical outsiders supporting, for example, universal franchise, does the Attorney General agree that while bloggers rightly require to be held to account, they are equally entitled to the protections that apply to the rest of the mainstream media?
The Attorney General
Everyone is equal under the law. In general, the media are responsible and are very much aware of reporting restrictions, the limitations on reporting of active proceedings, and what reporting might amount to a contempt of court. As I said, I do issue and have issued media advisory notices where that is not happening and in exceptional cases. The hon. Gentleman’s point about bloggers and others on social media is a live one. It is right that everyone is aware that whether they have training or not, they are responsible under the law for what they post. Interfering in, prejudicing or undermining court proceedings is a serious matter and can be visited with a sentence of up to two years’ imprisonment.
World Press Freedom Day
Kenny MacAskill Excerpts(2 years, 11 months ago)
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Kenny MacAskill (East Lothian) (Alba)
It is a pleasure to serve under your chairmanship, Ms Ghani. I pay tribute to the hon. Member for Folkestone and Hythe (Damian Collins) for securing this debate. It is appropriate that we celebrate World Press Freedom Day, because press freedom is fundamental to our democracy. It is a basic right. We all know that knowledge is power and that, equally, its absence endangers us. Press freedom allows us to expose totalitarianism, often in the face of danger, as other Members have said.
I was privileged to know James Pringle, who returned to my old constituency to vote in the Scottish referendum back in 2014. He regaled me with tales about, first, having served in the Dominican coup and then having been the first western journalist into Cambodia under Pol Pot, after the atrocities of the Khmer Rouge. I pay tribute to his courage.
Press freedom is vital to democracy. I remember reading Professor Henry Milner’s book, “Civic Literacy”. It is a study of what motivates turnout in elections. A critical factor is not whether it is as easy to vote as to buy a tin of beans in a supermarket; what matters in particular is understanding, and a quality media is fundamental to that. If people do not understand the issues, they will not participate and vote. That factor is normally shown in this country in turnouts being higher in referendums, when there is a clear understanding of the issues, than in wider elections, where turnout can be significantly lower.
As other Members have said, there are obviously ongoing issues—in Saudi Arabia and Belarus, and indeed closer to home, with Julian Assange. I sympathise and agree with the points made by others across the political divide that these people require protection.
I listened with interest to the hon. Member for Folkestone and Hythe, who was correct to point out the changes that have happened in the media. I have been writing for the Scottish media for several years now. The decline is significant. There are actions we have to take to address that and to protect the valuable newspapers that are undermined by other platforms. We should also remember that in many instances now, social media is just as important as the mainstream media.
We have looked in this country at what happened in the Arab spring. It was not the mainstream media that was the outlet letting people know, both within the countries that were part of the Arab spring, and in the wider world. It was not the papers, held by the regimes. It was social media bloggers and just people tweeting, or writing on their Facebook pages or whatever else. The hon. Gentleman was right to warn about dangerous disinformation and the challenges that we face as a society to protect our democracy. Equally, we also have to remember that it is important that we support that.
That brings me to my own situation within my own jurisdiction of Scotland. It is many years since I first studied law. I have had 20 years practising as a lawyer and seven and a half years as Justice Secretary. I never thought I would face a situation where I was condemnatory of actions that have been happening against the press in my own country.
Since the days of learning about the Gordon Airs case, HM Advocate v. Airs, I always assumed that those who were seeking to put forward information that was appropriate and fair would be protected. Yet in Scotland, in the fallout from the Alex Salmond affair, we have seen Mark Hirst, a journalist, prosecuted. The case, in which he was supported by the NUJ, was rightly rejected by the presiding sheriff in the borders. We have seen Craig Murray, a blogger and former British senior civil servant, now facing a prison sentence of eight months. That is not only shocking, but drives a coach and horses through a position brought in by the Scottish Government that there be a presumption against a sentence of imprisonment for less than a year. Their absence of criticism and their failure to comment has been quite shocking.
It is not simply cases brought by the Crown. It is the cases that have been pursued by the police, where people so much as tweeting anything that might be seen as possibly identifying a witness have faced a knock on the door from the police. That is fundamentally damaging to Scottish democracy. It is not what I expect and it has not come about by happenchance. It has been deliberate. It has been targeted. It is being driven by the Crown Office. If we are to have a free press, there has to be free reporting. That has to apply to bloggers as much as it applies to the mainstream press.
That people have been charged in Scottish courts and have faced possible terms of imprisonment for simply doing exactly the same as the mainstream press has done but not faced prosecution is simply unacceptable. There is also a reason that I am required to raise it here: it is that the position of the Lord Advocate of Scotland is no longer tenable. There has to be a separation of powers of having one individual who is both a legal adviser to the Scottish Government and also the head of the prosecution service in Scotland. That is no longer appropriate and I am disappointed that the First Minister did not seek to make it faster. It is something that has to come back to this Chamber because as a result of the Scotland Act 1998, the Lord Advocate is enshrined in statute by this Parliament. Action must be taken here as well as in Holyrood.
Ms Nusrat Ghani (in the Chair)
I must remind Members not to comment on any live cases.
Oral Answers to Questions
Kenny MacAskill Excerpts(3 years, 1 month ago)
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The Attorney General
I thank my hon. Friend for that question and for the work he does as Chair of the Select Committee on Justice. I am pleased that the CPS is doing all it can, as it should, along with all the other parts of the criminal justice system, to clear the backlog, which has accumulated, in large part, as a consequence of this pandemic. More staff have been hired by the CPS, thanks to an £85 million cash injection in 2019 from the Government and another £23 million last year from the Government also to support the CPS. However, he is right to highlight this point. I regularly meet people from across the criminal justice system to work on this issue of clearing the backlog as effectively and efficiently as possible.
Kenny MacAskill (East Lothian) (SNP)
The Attorney General (Michael Ellis)
Any request for my advice is subject to the Law Officers’ convention, but I must make it clear that the UK prides itself on its leadership within the international system and that it discharges its international obligations in good faith. I also point out that the Solicitor General, whom I very much welcome to her place, attends the Parliamentary Business and Legislation Committee, which scrutinises all the Government’s legislation before it reaches Parliament.
Kenny MacAskill [V]
All are equal before the eyes of the law, and that includes those coming here seeking asylum. Why then are we using military camps, which are entirely unacceptable at the best of times and most certainly during a pandemic? Rather than seeking to copy Australia and transport asylum seekers abroad, is it not time that this Government accepted that refugees have rights and that the Attorney General took action to ensure that the Government adhered to their responsibilities?
The Attorney General
Frankly, as the Home Office has made quite clear, the UK is a world leader in resettlement, so I do not recognise the point that the hon. Gentleman makes. If one looks at the actual figures, one sees that we have resettled nearly 30,000 people in the past five years, which is more than any other country in Europe. As for the use of former military barracks, if Her Majesty’s armed forces personnel can be housed appropriately in those barracks, there is no reason why anyone else cannot be. We adhere to our international and national obligations. This country is extremely open and generous in these matters. As I have said, we are the most open in Europe in terms of resettlement.
Oral Answers to Questions
Kenny MacAskill Excerpts(3 years, 4 months ago)
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Oliver Dowden
I do not want to interfere in the election of the chairman of that APPG, but my hon. Friend will make an excellent candidate for that position. We of course remain committed to ensuring that all children and young people have a broad and balanced curriculum, of which creative education is a key part. We will work with the Department for Education and other valued education partners to deliver high-quality education and training across all disciplines in the arts.
Kenny MacAskill (East Lothian) (SNP) [V]
Oliver Dowden
The hon. Gentleman is absolutely right to raise this issue. We have opened the consultation on products high in fat, salt and sugar and continue to keep all advertising restrictions under review. It is vital that the drinks industry does not undertake advertising that in any way encourages young people to drink or people to engage in excessive drinking.
Oral Answers to Questions
Kenny MacAskill Excerpts(3 years, 9 months ago)
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Matt Warman
The fact is that the BBC has had a generous licence fee settlement, and it is deeply disappointing that it has chosen to go down the path that it is apparently going down. I hope, of course, that there is yet time to reconsider that, because the hon. Gentleman is right to say that television has been a vital comfort for many people in the past few months, and it is a vital part of our national economy as well.
Kenny MacAskill (East Lothian) (SNP)
Marion Fellows (Motherwell and Wishaw) (SNP)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Matt Warman)
The Government are investing £5 billion to deliver nationwide gigabit-capable broadband as soon as possible to ensure that the hardest parts of the country to reach are not left behind. We are also removing barriers to roll-out, for example by introducing legislation to make it easier for operators to connect to blocks of flats, and £1.8 billion has already been spent in making sure that 96% of the country can now access superfast broadband.
Kenny MacAskill [V]
Those words from the Minister are all very well, but the A1 and the east coast main line run through my constituency, as does the National Grid with Torness and Cockenzie, yet the essential medium, as shown during this coronavirus crisis, is connectivity and broadband. Much of that remains poor and entirely inadequate. Given that the Government’s target is only 91% for geographic mobile coverage in Scotland, yet 98% in England, when can my constituents expect the broadband and mobile coverage required for this coronavirus crisis, let alone for the 21st century?
Matt Warman
As I have said, we have an ambition to deliver gigabit-capable broadband as fast as possible, and we are working with the Scottish Government to deliver that. I look forward to another meeting with my Scottish counterpart, Paul Wheelhouse, next week, because it is vital that we work together on this. The geography of Scotland is, of course, uniquely challenging, but we should not let that serve as a barrier to our ambitions.