(2 months, 2 weeks ago)
Commons ChamberMay I first warmly welcome the Solicitor General to her place, and the Attorney General to his place in the other place, in what the Solicitor General will already know is one of the most interesting and challenging parts of government? While I am at it, I should of course also welcome the hon. Member for Hammersmith and Chiswick (Andy Slaughter) as the new Chair of the Justice Committee. May I also take the opportunity to congratulate my hon. Friend the Member for South Leicestershire (Alberto Costa), the shadow Solicitor General, on the responsibilities he will shortly take up on behalf of the whole House, which he will do brilliantly after an all-too-short career on the Opposition Front Bench?
I do not know for how long the Solicitor General and I will have these exchanges over the Dispatch Boxes, but I am glad to be able to start on a note of consensus. I agree with her that it would not be appropriate to extend the unduly lenient sentence scheme to cover unduly severe sentences, for which, as she says, appeal is already available, but she will agree that the scheme is always capable of improvement. It is currently wholly reactive, responding to requests from others for sentences to be reviewed. May I ask the Solicitor General to consider the merits of her Department, and indeed the Ministry of Justice—I see that the Minister of State, Ministry of Justice, the hon. Member for Swindon South (Heidi Alexander), is sitting beside her—monitoring sentencing more proactively, in particular for newly created offences, so that we can all have confidence that, particularly in relation to those offences, sentences are being passed within anticipated ranges?
(1 year, 8 months ago)
Commons ChamberMy right hon. Friend will recall that my constituents Andy and Lynda Eadon have done tremendous work in raising awareness of the mental health challenges affecting young farmers in particular in rural areas, in memory of their son Len. Can I thank him for agreeing to participate in the Westminster leg of the Len’s Light tractor relay? Mr Speaker, he is perhaps the only Minister you will allow to drive a tractor anywhere near this historic building. Can I urge him to continue to apply pressure to land-based colleges and other educational institutions to make sure that mental health awareness is part of the educational experience of everyone entering agriculture?
(2 years, 8 months ago)
Commons ChamberMy hon. Friend makes a good point. In addition to speaking to charities that advocate on behalf of people with disabilities, I have taken the trouble to speak to those who operate in the taxi trade. I have tried to make it clear to them that we do not seek to penalise the drivers that my hon. Friend refers to, and that my hon. Friend the Member for Clwyd South mentioned earlier, who are doing all they possibly can to facilitate the travel of people with disabilities, and to whom we owe thanks and commendation. Rather, we want to ensure that the provisions of the Bill will bite for those who are not doing so. The Bill will, frankly, make no difference whatsoever to the drivers that my hon. Friends spoke about, who already do what the Bill will require of them.
The Bill will not simply make requirements of drivers; it will also require local licensing authorities to maintain and publish a list of wheelchair-accessible vehicles to ensure consistency across the country. The Bill will prevent private hire vehicle operators from refusing or failing to take a booking from a disabled person because that person is disabled, subject only to a limited defence where there is a lack of suitable vehicles. The Bill will place reasonable duties on drivers to carry and assist disabled people without, crucially, charging extra. This Bill will change lives for the better, and I commend it to the House.
(5 years, 1 month ago)
Commons ChamberOrder. May I suggest that if there are lots of interventions, people who wish to make speeches are going to end up with a reduced time limit?
(5 years, 5 months ago)
Commons ChamberOrder. Of course I wanted to hear the hon. Lady’s intervention, but I have found room for her to speak later, because I think that she can make a very important contribution. I would sooner she did that in a speech, rather than trying to make an intervention into one.
I agree with the hon. Lady. Not only is that offensive, but it is wrong. I watched that match. It was a good game of football. I think that sports fans—real sports fans—will have enjoyed it, and I think that more of them should have the opportunity to do just that.
The summit in February also highlighted the fact that one of the strongest ways in which to promote diversity and inclusion in sport is to give more opportunities to those from under-represented backgrounds. That applies at all levels, whether it means ensuring that we have representation for top-level coaching staff or ensuring that young people from all backgrounds have an opportunity to take part in their favourite sports.
I welcome the English Football League policy to make sure BME first team manager candidates will get additional opportunities to be considered for roles at the highest levels. Sport England has also been investing £2 million each year to increase the number of qualified coaches in the game, with a particular emphasis on supporting bursaries for BME coaches. And through our sports governance code launched in 2017, we are aiming for greater diversity on the boards of our national governing bodies not just because it is the right thing to do but because diversity of thought leads to a higher quality of decision making. If our governing bodies are to fully reflect the communities they represent, we need to make sure they reflect the make-up of our society.
Let me say something about the role of social media. Social media has given many of our favourite sporting stars an opportunity to communicate directly with their fans. However, it has also created new avenues for abuse, where people can send vile remarks to top players, leading to some sportspeople closing their accounts and deciding to step away from social media for good. It should be an immense sadness to us all that professional footballers felt the need to boycott social media for 24 hours to protest against the toxic atmosphere that they experience on these channels. If we surrender our online spaces to those who spread hate, abuse, fear and vitriolic content, we all lose.
Our recent “Online Harms” White Paper was a world first, setting out the steps we are taking to make the UK the safest place in the world to be online. We set out how we will create a new duty of care establishing that companies have a responsibility for the safety of their users and must take reasonable steps to tackle harmful content and activity and that compliance will be overseen and enforced by an independent regulator with significant penalties available to it. Discriminatory abuse should be as unacceptable online as it is in the stadium. The internet must remain free, open and secure, and this Government will continue to protect freedom of expression online, but we must also take action to keep our citizens safe, especially those who face bigotry and discrimination online.
We are hosting some important sporting events over the next few years: the cricket world cup, the netball world cup, Euro 2020 matches and the Commonwealth games in Birmingham, aside from the competitions already mentioned in this debate and many more.
Including of course the rugby league world cup.
Spectators will be visiting from far and wide, and viewers will be tuning in from across the world. We have these opportunities to demonstrate, just as we did during that summer of 2012, our nation at its best—hospitable, inclusive and welcoming to all—and to show the world that we reject racism in all its forms. We know we have further to go, but I believe that, as the hon. Member for Tooting said, sport is fundamentally a force for good: it brings us together; it can improve physical and mental health; and it can provide valuable leadership skills and promote social integration. We need to face down racism and discrimination together and show that it cannot be tolerated in any sport, at any level.
(11 years ago)
Commons ChamberOrder. Those on the Opposition Front Bench should listen to the answer to the question that was asked in an intervention after the Minister gave way. We will do things in an orderly manner.
(12 years, 2 months ago)
Commons ChamberI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
Amendment 7, page 3, line 22, leave out clause 5.
Government amendments 5 and 6.
New clause 1 deals with an issue raised in Committee by the hon. Member for Newcastle-under-Lyme (Paul Farrelly). He was concerned that circumstances could arise in which a claimant who had successfully brought an action against the author of defamatory material online could be left unable to secure the removal of the material. That situation might arise as a result of the fact that an author might not always be in a position to remove material that had been found to be defamatory from a website, while the new defence in clause 5 might prevent the website operator from being required to do so. The Government indicated in Committee that we would consider whether anything further was needed to address such situations.
We have concluded that although such situations are likely to be rare, it would be appropriate to include a provision in the Bill to ensure that claimants in such cases do not experience any difficulty in securing the removal of material that has been found to be defamatory. New clause 1 therefore provides that where a court gives a judgment for the claimant in a defamation action, it may order the operator of a website on which the defamatory statement is posted to remove that statement. Such an order could be made either during proceedings or on a separate application. New clause 1(2) ensures that the provision does not have any wider effect on the inherent jurisdiction of the High Court.
In speaking to new clause 1, it may be helpful if I speak also to Government amendments 5 and 6, and to amendment 7, which has been tabled by the hon. Member for Stoke-on-Trent South (Robert Flello). Government amendment 5 relates to the circumstances in which a claimant might defeat the defence set out in clause 5. Such circumstances are set out in clause 5(3), paragraphs (b) and (c) of which require a claimant to show that he gave the operator a notice of complaint in relation to the statement in question and that the operator failed to respond to it in accordance with provisions to be set out in regulations. In addition, paragraph (a) requires that a claimant must show that it was not possible for him to identify the person who posted the statement. Amendment 5 clarifies what is meant in paragraph (a) by the word “identify”. Again, concerns were raised in Committee by the hon. Members for Newcastle-under-Lyme and for Stoke-on-Trent South that the meaning of the word “identify” was unclear and that possible difficulties in obtaining the true identity of the author—for example, when he was using a pseudonym—might mean that the claimant was left without a remedy. In the light of those concerns, we undertook to consider the position further.
Amendment 5 clarifies that, for the purposes of subsection 3(a), it is possible for a claimant to “identify” a person only if they have sufficient information to bring proceedings against that person. The amendment will ensure that claimants are not left in limbo, unable to bring proceedings against an author because they lack information that would enable them to do so, but also unable to defeat the defence of the website operator if the operator failed to take steps to assist. We consider that that will ensure that the new process operates fairly and effectively and strikes an appropriate balance between the interests of claimants and those of website operators.
Amendment 6 makes it clear that if the website operator moderates material posted by third-party users on his site, that fact alone will not defeat the defence that is available under clause 5 to a website operator who can show that he did not post the statement complained about on his website. We share the view, expressed by the Joint Committee on the draft Bill and Members of this House, that responsible moderation of content should be encouraged. We have listened to the concerns raised in Committee and consider that it would be helpful to include a provision giving reassurance on that point. Amendment 6 therefore provides that the defence under clause 5 is not defeated by reason only of the fact that the website operator moderates the statements posted on the site by others.
There might of course be situations when an operator goes too far. They might, for example, moderate content on the website so much as to change the meaning of what the author had posted in a way that makes it defamatory or increases the seriousness of the defamation. In such cases, the courts will have to consider whether the operator’s actions were sufficient for them to be regarded as having posted the material.
We have considered carefully the merits of seeking to prescribe the particular circumstances in which moderation might or might not lead to the operator being regarded as having posted the material. Precisely when an operator should become responsible for a statement they moderate will depend heavily on the individual circumstances of the case. On balance, we think it is right that the courts should have flexibility in making that assessment. We consider that these are sensible and helpful amendments that will aid the effective operation of the new process under clause 5.
Amendment 7, by contrast, would remove clause 5 from the Bill. I will of course listen carefully to what the hon. Member for Bishop Auckland (Helen Goodman) has to say on the matter, but I am sorry to say that we do not consider removing the clause to be an appropriate move. The current law in this area is unsatisfactory and has created a situation in which website operators, to avoid any risk of being sued, choose to remove material from sites they host on receipt of a complaint, whether or not the material is actually defamatory. That chills free speech.
However, we recognise that when people are defamed online they need to be able to take prompt and effective action to protect their reputation. Including clause 5 in the Bill will mean that the author of a statement is given an opportunity to defend it, rather than it simply being taken down on receipt of a complaint. Should the need arise, complainants will be able to bring proceedings against those truly responsible for statements.